Journal of the House of Representatives of the State of Georgia at the regular session commenced at Atlanta, Monday, January 14, 1991 and adjourned Friday, March 15, 1991, volume II

Compiler's Note
The Journal of the House of Representatives for the regular session of 1991 is bound in two separate volumes. Volume I contains January 14, 1991 through February 27, 1991. Volume II contains February 28, 1991 through March 15, 1991 and the complete index.

JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
OF THE
STATE OF GEORGIA
AT
THE REGULAR SESSION
Commenced at Atlanta, Monday, January 14, 1991 and adjourned Friday, March 15, 1991
VOLUME II
1991 Atlanta, Ga.

THURSDAY, FEBRUARY 28, 1991

1425

Representative Hall, Atlanta, Georgia Thursday, February 28, 1991

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by the Reverend Jasper Williams, Jr., Pastor, Salem Baptist Church, Atlanta, Georgia.
The members pledged allegiance to the flag.
Representative Bargeron of the 108th, Chairman of the Committee on Journals, 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.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:
HB 914. By Representatives Connell of the 87th, Padgett of the 86th, Cheeks of the 89th and Howard of the 85th: A bill to amend an Act providing for procedures whereby a Judge of the Municipal Court, City of Augusta, Richmond County, and the Civil Court of Richmond County shall be eligible to become a Judge Emeritus of such courts, so as to substantially revise such Act.
Referred to the Committee on Retirement.
HB 915. By Representatives Dixon of the 151st and Smith of the 152nd: A bill to create the Kingsland Area Convention and Visitors Bureau Authority as a public body corporate and politic, a political subdivision of the state, and a public corporation to have the responsibility of promotion of tourism, trade, and conventions for Kingsland, Georgia.
Referred to the Committee on State Planning & Community Affairs - Local.

1426

JOURNAL OF THE HOUSE,

HB 916. By Representatives Dixon of the 151st and Smith of the 152nd:
A bill to amend an Act incorporating the City of Kingsland, so as to change the corporate limits of such municipality.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 917. By Representatives Thurmond of the 67th, Stephens of the 68th, Clark of the 13th and Powell of the 13th:
A bill to amend an Act establishing a City Court in the County of Clarke, formerly known as the State Court of Clarke County, now known as the State Court of Athens-Clarke County, so as to continue the existing term of the present Judge of said Court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 918. By Representatives Ware of the 77th, Dunn of the 73rd, Ricketson of the 82nd and Williams of the 90th:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to regulate the business of renting motor vehicles.
Referred to the Committee on Motor Vehicles.

HB 919. By Representatives Skipper of the 116th, Walker of the 115th, Smyre of the 92nd, Groover of the 99th, Walker of the 113th and others:
A bill to amend Title 6 of the Official Code of Georgia Annotated, relating to aviation, so as to authorize the creation of regional surface and air transportation authorities; to provide for elections to participate by political subdivisions.
Referred to the Committee on Transportation.

HB 920. By Representatives Purcell of the 129th and Mueller of the 126th:
A bill to amend an Act placing the sheriff, deputy sheriff, and clerk of the Superior Court of Bryan County upon an annual salary, so as to change the provisions relative to the compensation of the sheriff.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 921. By Representatives McKinney of the 35th, Abernathy of the 39th, Brooks of the 34th, Holmes of the 28th, Hightower of the 36th and others:
A bill to amend an Act known as the "Metropolitan Atlanta Olympic Games Authority Act," so as to change the membership of the authority.
Referred to the Committee on State Planning & Community Affairs.

HB 922. By Representative Holland of the 136th:
A bill to amend an Act providing a new charter for the City of Warwick, so as to provide that the mayor and members of the city council shall serve for four-year terms.
Referred to the Committee on State Planning & Community Affairs - Local.

THURSDAY, FEBRUARY 28, 1991

1427

HB 923. By Representatives Purcell of the 129th and Mueller of the 126th:
A bill to amend an Act placing the Ordinary, now Probate Court Judge, of Bryan County on an annual salary in lieu of the fee system of compensation, so as to change the amount of compensation of the Ordinary, now Probate Court Judge.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 924. By Representatives Hammond of the 20th and Atkins of the 21st:
A bill to amend Code Section 47-2-334 of the Official Code of Georgia Annotated, relating to service retirement allowances for employees who first or again become members of the Employees' Retirement System of Georgia on or after July 1, 1982, so as to authorize members to receive military service credit for active duty service in the armed forces of the United States during the period of the Vietnam Conflict.
Referred to the Committee on Retirement.

HB 925. By Representatives Reaves of the 147th, Patten of the 149th, Oliver of the 121st, Carter of the 146th, Royal of the 144th and others:
A bill to amend Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions with regard to labor and industrial relations, so as to provide that it shall be unlawful for an employer to discharge an employee for using legal agricultural commodities off the premises of the employer during nonworking hours.
Referred to the Committee on Agriculture & Consumer Affairs.

HB 926. By Representatives Morsberger of the 62nd, Goodwin of the 63rd, Barnett of the 59th and Breedlove of the 60th:
A bill to amend an Act providing a county historian for Gwinnett County, so as to change the provisions relating to the county historian.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 927. By Representatives Watson of the 114th and Walker of the 113th:
A bill to create and establish the Warner Robins Building Authority, a body corporate and politic and an instrumentality of the State of Georgia.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 928. By Representative Selman of the 32nd:
A bill to amend Chapter 9 of Title 10 of the Official Code of Georgia Annotated, the "Geo. L. Smith II Georgia World Congress Center Act," so as to authorize the Geo. L. Smith II Georgia World Congress Center Authority to obtain and use conviction data, under certain conditions, concerning its officers and employees and prospective officers and employees.
Referred to the Committee on State Planning & Community Affairs.

1428

JOURNAL OF THE HOUSE,

HB 929. By Representative Ricketson of the 82nd:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Glascock, so as to delete the requirement of the payment of county obligations by county warrants; to provide that county obligations shall be paid in a manner to be prescribed by the board of commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 930. By Representatives Godbee of the 110th and Bargeron of the 108th:
A bill to create a public body corporate and politic, and an instrumentality of the County of Burke, to be known as the Burke County Economic Development Authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 931. By Representatives Godbee of the 110th and Bargeron of the 108th:
A bill to provide for the creation of one or more community improvement districts in Burke County and in each municipality therein.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 932. By Representative Felton of the 22nd:
A bill to amend an Act creating the Board of Commissioners of Fulton County, so as to provide for a code of ethics for the members of the governing authority of Fulton County; to provide for the creation of an independent Board of Ethics of Fulton County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 933. By Representatives Murphy of the 18th and Groover of the 99th:
A bill to amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration, so as to repeal Article 5 thereof, relating to random drug testing of employees in high-risk jobs; to repeal Article 6 thereof, relating to drug testing for state employment; to provide for drug testing of safety sensitive and critical personnel.
Referred to the Committee on Judiciary.

HB 934. By Representatives Oliver of the 121st, Groover of the 99th and Hanner of the 131st:
A bill to amend Code Section 21-3-64 of the Official Code of Georgia Annotated, relating to the authority of the General Assembly by local law to change terms of office of municipal officers, so as to provide for such additional authority with respect to the time of commencement of certain terms of municipal office.
Referred to the Committee on Governmental Affairs.

HR 411. By Representative Townsend of the 24th:
A resolution creating the House Study Committee on Local Government Revenue Diversification.
Referred to the Committee on Ways & Means.

THURSDAY, FEBRUARY 28, 1991

1429

HR 412. By Representative Holland of the 136th: A resolution proclaiming the Turner County Peanut Monument as the official state peanut monument.
Referred to the Committee on Agriculture & Consumer Affairs.
HR 413. By Representative Holmes of the 28th: A resolution relative to establishment of the Georgia General Assembly's Conference on Teenage Homicides and Suicides; establishing a conference steering committee.
Referred to the Committee on Rules.
HR 414. By Representatives Morsberger of the 62nd, Porter of the 119th, King of the 72nd, Buckner of the 72nd, Lawrence of the 49th and others: A resolution creating the Desert Storm Monument Commission.
Referred to the Committee on Rules.
By unanimous consent, the rules were suspended in order that the following Bills of the House could be introduced, read the first time and referred to the committees:
HB 935. By Representatives Colwell of the 4th and Twiggs of the 4th: A bill to amend an Act creating the Coosa Water Authority, so as to change the geographic boundaries of the service area of the authority.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 936. By Representative Hudson of the 117th:
A bill to amend Code Section 47-2-96 of the Official Code of Georgia Annotated, relating to prior service and payments required to obtain credit in the Employees' Retirement System of Georgia, so as to provide that certain persons who were employed as day laborers between July 1, 1979, and June 30, 1987, shall be eligible to receive service credit for such service.
Referred to the Committee on Retirement.
HB 937. By Representatives Birdsong of the 104th, Walker of the 115th, Kilgore of the 42nd, Lee of the 72nd, Chambless of the 133rd and others:
A bill to amend Part 6 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment of school buses, so as to provide that each school bus which is owned by any local school system and which is used to transport kindergarten students shall be equipped with a seat belt or other appropriate restraining device for each kindergarten student transported on such school bus.
Referred to the Committee on Motor Vehicles.
HB 938. By Representative Jamieson of the llth:
A bill to amend Code Section 12-2-1 of the Official Code of Georgia Annotated, relating to the creation of the Department of Natural Resources and the commissioner of natural resources, so as to authorize the selection and designation on or after July 1, 1991, of individual unclassified employees of the department who are paid on an hourly basis, as eligible, on the basis of an assessment of the availability of funds, for certain benefits to which unclassified employees who are paid an annual salary are entitled.
Referred to the Committee on Natural Resources & Environment.

1430

JOURNAL OF THE HOUSE,

HB 939. By Representatives 0 r of the 9th, Jackson of the 9th and Lawson of the 9th:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of superior courts, so as to provide for a fourth judge of the superior courts of the Northeastern Judicial Circuit of Georgia.
Referred to the Committee on Judiciary.

HB 940. By Representatives Colwell of the 4th and Twiggs of the 4th:
A bill to amend an Act creating the Notla Water Authority, so as to change the geographic boundaries of the service area of the Authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 941. By Representatives Buck of the 95th, Culbreth of the 97th, Taylor of the 94th, Moultrie of the 93rd, Harris of the 96th and others:
A bill to create a board of elections and registration for Muscogee County and to empower the board with the powers and duties of the present board of elections and the board of voter registrars relating to the conduct of elections and primaries and the registration of voters and absentee balloting procedures pursuant to subsection (b) of Code Section 21-2-40 of the Official Code of Georgia Annotated.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 942. By Representatives Buck of the 95th, Culbreth of the 97th, Taylor of the 94th, Moultrie of the 93rd, Harris of the 96th and others:
A bill to amend an Act establishing the State Court of Muscogee County, so as to provide for a full-time chief assistant solicitor; to provide for duties and compensation; to abolish a certain position of assistant solicitor upon certain appointment.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 943. By Representatives Ricketson of the 82nd, Walker of the 115th, Parrish of the 109th, Parham of the 105th and Green of the 106th:
A bill to amend Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles and motor homes, so as to provide that no motor vehicle license plate or mobile home location permit shall be issued until all ad valorem taxes due on all real or personal property located within the county in which the return is made have been paid.
Referred to the Committee on Motor Vehicles.

HB 944. By Representatives Wilder of the 21st and Clark of the 20th (Post 3):
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 for certain eligible employers who provide certain health coverage to eligible individuals and their dependents.
Referred to the Committee on Ways & Means.

THURSDAY, FEBRUARY 28, 1991

1431

HB 945. By Representatives Twiggs of the 4th and Colwell of the 4th:
A bill to amend an Act granting a new charter to the City of Young Harris, so as to change the corporate limits of the city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 946. By Representative Redding of the 50th:
A bill to amend Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to commissions and other agencies of state government, so as to provide for Georgia folklife programs.
Referred to the Committee on State Planning & Community Affairs.

HB 947. By Representatives Murphy of the 18th, Watts of the 41st and Cummings of the 17th:
A bill to provide for a supplemental expense allowance for the judges of the superior courts of the Tallapoosa Judicial Circuit; to provide for a supplemental expense allowance for the district attorney of the Tallapoosa Judicial Circuit.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 948. By Representatives Walker of the 113th and Watson of the 114th:
A bill to amend an Act incorporating the City of Centerville, so as to change the corporate limits of said city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 949. By Representative Dixon of the 151st:
A bill to provide for the composition and election of the members of the Board of Education of Ware County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 950. By Representative Thomas of the 69th:
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 concerning civil practice and procedure, so as to provide that the courts of this state may apply the doctrine of forum non conveniens to certain cases based upon acts or omissions originating outside of the Stats of Georgia.
Referred to the Committee on Judiciary.

By unanimous consent, the following Bills of the House and Senate were read the second time:

HB 890 HB 891
HB 892 HB 893
HB 894 HB 895
HB 896 HB 897

HB 898 HB 899
HB 900 HB 901
HB 902 HB 903
HB 904 HB 905

1432

JOURNAL OF THE HOUSE,

HB 906 HB 907
HB 908 HB 909 HB 910
HB 911 HB 912
HB 913

SB 45 SB 274
SB 345 SB 348 SB 367
SB 370 SB 373

Representative Childers of the 15th District, Chairman of the Committee on Health & Ecology, submitted the following report:

Mr. Speaker:
Your Committee on Health & Ecology has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 281 Do Pass, by Substitute
Respectfully submitted, /a/ Childers of the 15th
Chairman

Representative Patten of the 149th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:

Mr. Speaker:
Your Committee on Natural Resources and Environment has had under consideration the following Bills and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 814 Do Pass, by Substitute SB 142 Do Pass, by Substitute SR 179 Do Pass
Respectfully submitted, M Patten of the 149th
Chairman

Representative Lee of the 72nd District, Chairman of the Committee on Rules, submitted the following report:

Mr. Speaker:

Your Committee on Rules has had under consideration the following Resolutions of
the House and has instructed me to report the same back to the House with the following recommendations:

HR 402 Do Pass HR 381 Do Pass

HR 383 Do Pass HR 410 Do Pass

Respectfully submitted, /a/ Lee of the 72nd
Chairman

Representative Lane of the 27th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

THURSDAY, FEBRUARY 28, 1991

1433

Mr. Speaker:

Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 800 Do Pass HB 841 Do Pass HB 866 Do Pass HB 867 Do Pass HB 873 Do Pass HB 874 Do Pass HB 876 Do Pass

HB 877 Do Pass HB 879 Do Pass HB 882 Do Pass HB 884 Do Pass HB 885 Do Pass HB 887 Do Pass SB 63 Do Pass, by Substitute

Respectfully submitted, /s/ Lane of the 27th
Chairman

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR THURSDAY, FEBRUARY 28, 1991
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 31st Legislative Day as enumerated below:
HB 123 Marijuana; Misdemeanor Possession; Driver's License Suspended HB 226 Nonprofit Corporations; Revise Code HB 235 Public Officials; Vacancies in Office; Appointments HB 336 Contractors; Sales Tax on Execution of Subcontracts; Bond HB 396 Stolen Vehicles/License Plates; Report to Ga. Crime Info. Center HB 436 Certain Unclaimed Bonds; Disposition HB 446 Veterinary Medicine; Certain Dental Procedures HB 451 Driver's License; Suspension; Refusing to Submit to Chemical Test HB 474 Occupational Therapists; Licensing; Provisions HB 519 Deprived Child; Foster Care; Periodic Reviews HB 550 Workers' Comp.; Employer's Failure to Pay; Penalty HB 648 Surface Water Violations; Cooperative Effort; Abatement HB 653 Licenses; Certain Trailers; Increase Fees HB 670 Constitution; Proposed Changes; Summary At Polling Places HB 671 Uniform Rules of Rd.; Application to Certain Residential Areas HB 707 Boat Safety Act; Amend Provisions HB 727 QBE; Textbooks; Property of Local Administration HB 731 Detention Facilities; Certain Municipalities; Jailer HB 744 Elem/Sec/Adult Education; Pilot Projects; Decategorize Funds HB 746 Seafood; Certain Violations; Penalties HB 758 Peer Review Groups; Review Organization Redefine HB 769 Insurance; Multiple Employer Self-Insured Health Plans HB 772 Pvt. Detective/Security Business; Licenses; Revise Provisions HB 773 Workers' Comp.; Certain Owner-Operators; Independent Contractors HB 776 Certain Insurance Plans; Administrators; Licensure HB 844 Agricultural Products; Definition & Exception
HR 151 Supreme Court Decision; Pen V. Davenport; Urge Congress Override HR 348 Water Resource Conservation Management St. Comm.; Create

1434

JOURNAL OF THE HOUSE,

ALL COMPENSATION RESOLUTIONS APPROVED BY APPROPRIATIONS COMMITTEE
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Lee of the 72nd
Chairman

By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:

HB 800. By Representative Stancil of the 66th:
A bill to provide that the school superintendent of the Oconee County School District shall be appointed by the board of education rather than elected.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 841. By Representatives Snow of the 1st, Perry of the 5th and McCoy of the 1st: A bill to create the board of commissioners of Dade County.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 866. By Representative Moultrie of the 93rd:
A bill to amend an Act creating a new charter for the City of Hamilton, so as to increase the amount of the fine and the length of the sentence of imprisonment which may be imposed by the mayor's court in certain circumstances.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 867. By Representative Ware of the 77th: A bill to provide a new board of commissioners of Heard County.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

THURSDAY, FEBRUARY 28, 1991

1435

HB 873. By Representatives Brush of the 83rd and Harris of the 84th:
A bill to amend an Act providing for the election of members of the board of education of Columbia County, so as to provide that future school superintendents shall be appointed by the board of education.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 874. By Representative Oliver of the 121st:
A bill to amend an Act creating a new charter for the City of Glennville, so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmembers.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 876. By Representatives Hammond of the 20th, Clark of the 20th (Post 3), Aiken of the 21st, Vaughan of the 20th, Atkins of the 21st and others:
A bill to amend an Act creating a system of public schools for the City of Marietta, so as to change the dates on which the city council shall advertise vacancies on the board of education and elect members to fill such vacancies.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 877. By Representatives Clark of the 20th (Post 4), Coker of the 21st, Atkins of the 21st, Klein of the 21st, Clark of the 20th (Post 3) and others:
A bill to amend an Act making provisions for the Magistrate Court of Cobb County, so as to provide qualifications for the chief magistrate, full-time magistrates, and part-time magistrates.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 879. By Representative Green of the 106th:
A bill to provide for the appointment and terms of the members of the Hospital Authority of Putnam County.

1436

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 882. By Representatives Alford of the 57th, Baker of the 51st, Turnquest of the 56th, Oliver of the 53rd, Thomas of the 55th and others:
A bill to create the City of DeKalb Study Commission.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 884. By Representative Beatty of the 12th: A bill to provide a new charter for the City of Commerce.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 885. By Representative Branch of the 137th:
A bill to amend an Act creating the board of commissioners of Irwin county, so as to authorize the board to enter into such contracts and agreements as the board determines appropriate or necessary for the purpose of the county's owning, leasing, or operating a correctional facility as a private, commercial enterprise to house and care for certain inmates other than county prisoners.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 887. By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st:
A bill to amend an Act creating the State Court of Carroll County, so as to change the compensation of the judge of said court.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

THURSDAY, FEBRUARY 28, 1991

1437

SB 63. By Senator Kidd of the 25th:
A bill to amend an Act providing for the appointment of the initial chief magistrate of the Magistrate Court of Hancock County and the election of subsequent chief magistrates, as amended, so as to change the provisions relating to the compensation of the chief magistrate.

The following Committee substitute was read and adopted:

A BILL
To amend an Act providing for the appointment of the initial chief magistrate of the Magistrate Court of Hancock County and the election of subsequent chief magistrates, approved March 14, 1983 (Ga. L. 1983, p. 4006), as amended, so as to change the provisions relating to the compensation of the chief magistrate; to provide for cost-of-living increases in compensation; to provide for longevity increases in compensation; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing for the appointment of the initial chief magistrate of the Magistrate Court of Hancock County and the election of subsequent chief magistrates, approved March 14, 1983 (Ga. L. 1983, p. 4006), as amended, is amended by striking in its entirety subsection (a) of Section 4 and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) (1) The chief magistrate shall receive an annual salary of $22,000.00 to be paid in equal monthly installments from the funds of Hancock County.
(2) Whenever the employees in the classified service of the state merit system receive a cost-of-living increase of a certain percentage or a certain amount, the salary fixed in paragraph (1) of this subsection shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase received by state employees is in different percentages or different amounts as to certain categories of employees, the salary in paragraph (1) of this subsection shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the salary in paragraph (1) of this subsection as authorized by this paragraph shall become effective on the date that the cost-of-living increases received by state employees become effective.
(3) The salary provided for in paragraph (1) of this subsection increased by any cost-of-living increases provided for in paragraph (2) of this subsection shall be increased by 5 percent for each four-year term of office served by any chief magistrate, figured at the end of any such period of service."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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, by substitute, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Davis of the 45th stated that he would like to be recorded as voting "nay" on all Local Legislation today.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

1438

JOURNAL OF THE HOUSE,

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House:

SB 301. By Senators Steinberg of the 42nd, Walker of the 43rd, Tysinger of the 41st and others:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of judges of superior courts, so as to provide for a tenth judge of the superior courts of the Stone Mountain Judicial Circuit of Georgia; to provide for the appointment of the first such additional judge by the Governor; to provide for the election of successors to the judge initially appointed.

SB 322. By Senator Kidd of the 25th:
A bill to amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, known as the "Georgia Death Investigation Act," so as to redefine "autopsy" and "limited dissection"; to provide that tissues may be retained for additional studies; to provide that the county medical examiner shall be notified when any person dies after having been admitted to a hospital in an unconscious state and without regaining consciousness.

SB 325. By Senator Turner of the 8th:
A bill to amend Article 1 of Chapter 12 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding damages, so as to provide conditions under which a claimant shall not be entitled to receive interest on sums claimed as unliquidated damages; to revise the rate of interest applicable to sums claimed as unliquidated damages; to provide for an effective date and for applicability.

HB 271. By Representative Pettit of the 19th:
A bill to amend Article 3 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to arson and explosives, so as to change the provisions relating to criminal possession of an incendiary; to provide for the offense of criminal possession of an explosive device.

HB 323. By Representatives Floyd of the 154th, Smith of the 156th, Purcell of the 129th, Hamilton of the 124th, Dixon of the 151st and others:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to provide for the comprehensive regulation of shellfish.

HB 403. By Representative Thomas of the 69th:
A bill to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to provide that the annual advertisement of the date of the monthly board meeting may be published in a newspaper having a general circulation in the county at least equal to that of the legal organ of the county.

THURSDAY, FEBRUARY 28, 1991

1439

SB 349. By Senators Newbill of the 56th, Ragan of the 32nd and Thompson of the 33rd:
A bill to provide for the determination of the millage rate by the governing authorities of Cobb County, any municipality wholly or partially located in Cobb County, and the school systems of Cobb County and any municipalities wholly or partially located in Cobb County; to provide for definitions; to provide for certification of taxable values and millage rates by the tax commissioner of Cobb County; to provide for the adoption of millage rate resolutions and ordinances; to provide procedures for the adoption of a millage rate; to provide for the publication of notices; to provide for the form of notices; to provide the procedure for adopting the ordinance or resolution.

SB 366. By Senator Thompson of the 33rd:
A bill to amend an Act creating the Cobb-Marietta Coliseum and Exhibit Hall Authority, as amended, so as to change the provisions regarding the appointment of members of the authority; to provide for terms of office; to provide for the filling of vacancies.

HB 326. By Representatives Dobbs of the 74th and Stancil of the 66th:
A bill to amend an Act to provide additional powers, duties, rights, obligations, and responsibilities for the Newton County Industrial Development Authority, so as to provide for additional authority with respect to the issuance of revenue bonds.

HB 327. By Representatives Dobbs of the 74th and Stancil of the 66th:
A bill to amend an Act providing for a new board of education of Newton County, as amended, so as to change the provisions relative to the compensation of the members and the chairman of the board.

HB 802. By Representatives Stancil of the 8th, Pinholster of the 8th and Barnett of the 10th:
A bill to amend an Act incorporating the City of Canton, so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmen.

HB 803. By Representatives Stancil of the 8th, Pinholster of the 8th and Barnett of the 10th:
A bill to create a board of elections and registration for Cherokee County and provide for its powers and duties.

HB 805. By Representatives Atkins of the 21st, Vaughan of the 20th, Clark of the 20th (Post 3), Clark of the 20th (Post 4), Klein of the 21st and others:
A bill to create the Cobb County Commission for Operation Desert Storm Family Assistance.

HB 809. By Representative Coleman of the 118th:
A bill to amend an Act providing a new charter for the City of Eastman, so as to extend and increase the corporate limits of the City of Eastman.

1440

JOURNAL OF THE HOUSE,

HB 810. By Representatives Snow of the 1st, McCoy of the 1st and Perry of the 5th:
A bill to amend an Act creating the Dade County Water and Sewer Authority, so as to change the provisions relating to members of the authority and the appointment and manner of filling vacancies relative thereto.
HB 813. By Representative Perry of the 5th:
A bill to amend an Act creating the State Court of Chattooga County, so as to change the provisions relating to the compensation of the judge and the solicitor of said court.

The Senate has passed, by substitute, by the requisite constiutional majority the following Bills of the House:

HB 129. By Representatives Dobbs of the 74th, Lane of the lllth, Byrd of the 153rd, Bates of the 141st and Barfoot of the 120th:
A bill to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable and procedures in connection therewith, so as to provide for a period of detention for a person charged with driving under the influence of alcohol or drugs.

HB 210. By Representative Pettit of the 19th:
A bill to amend Code Section 50-25-6 of the Official Code of Georgia Annotated, relating to sales of files of public information by the GeorgiaNet Authority, so as to provide that the authority shall be authorized to receive data in electronic format from the public for the purpose of transmitting such data to the various departments, agencies, and institutions of the state.

HB 223. By Representatives Campbell of the 23rd, Williams of the 90th, Hammond of the 20th, Stephens of the 68th, Hightower of the 36th and others:
A bill to amend Code Section 44-14-361.1 of the Official Code of Georgia Annotated, relating to how materialmen's and mechanics' liens are declared and created, so as to provide that a party claiming a lien shall file a notice with the clerk of the superior court of the county wherein the subject lien was filed within 14 days after the filing of such action.

HB 771. By Representatives Chambless of the 133rd, Cummings of the 134th, White of the 132nd and Balkcom of the 140th:
A bill to amend an Act placing certain county officers of Dougherty County upon an annual salary, so as to change the provisions relating to the salary of the judge of the probate court.

The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House:

HB 245. By Representatives Jackson of the 9th, Parham of the 105th, Harris of the 84th and Barnett of the 10th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to comprehensively revise, reorganize, modernize, consolidate, and clarify the laws relative to registration and licensing and certificates of title for motor vehicles, drivers' licenses, equipment and inspection of motor vehicles, reporting of accidents, prosecution of traffic offenses, and the use of radar speed detection devices.

THURSDAY, FEBRUARY 28, 1991

1441

The Senate has adopted by the requisite constitutional majority the following Resolutions of the Senate:
SR 200. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A resolution proposing an amendment to the Constitution so as to provide that the director of the Office of Planning and Budget shall be a member of the Georgia State Financing and Investment Commission; to provide for the submission of this amendment for ratification or rejection.
SR 205. By Senators Foster of the 50th, Ragan of the 10th, Deal of the 49th and others:
A resolution creating the special Study Commission on Postsecondary Technical and Adult Education Finance.
The Senate has adopted, by substitute, by the requisite constitutional majority the following Resolution of the House:

HR 19. By Representatives Smith of the 156th, Green of the 106th, Dixon of the 128th, Oliver of the 121st, Purcell of the 129th and others: A resolution relating to wetlands.
The Senate has agreed to the House substitute to the following Bill of the Senate:
SB 43. By Senator Egan of the 40th: A bill to provide for the determination of the millage rate by the governing authorities of Fulton County, the City of Atlanta, any municipality wholly or partially located in Fulton County, the school systems of Fulton County, the City of Atlanta, and any other municipalities wholly or partially located in Fulton County, and any special tax district in Fulton County.
The Senate has passed by the requisite constitutional majority the following Bill of the Senate:
SB 386. By Senators Scott of the 36th, Newbill of the 56th, Shumake of the 39th and others: A bill to provide that the Board of Commissioners of Fulton County and the Council of the City of Atlanta shall site no new solid waste disposal facility, including a sewage sludge incinerator, until they enact local solid waste disposal plans; to provide an effective date.
By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees:

SB 301. By Senators Steinberg of the 42nd, Walker of the 43rd, Tysinger of the 41st and others:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of judges of superior courts, so as to provide for a tenth judge of the superior courts of the Stone Mountain Judicial Circuit of Georgia; to provide for the appointment of the first such additional judge by the Governor; to provide for the election of successors to the judge initially appointed.
Referred to the Committee on Judiciary.

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JOURNAL OF THE HOUSE,

SB 322. By Senator Kidd of the 25th:
A bill to amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, known as the "Georgia Death Investigation Act," so as to redefine "autopsy" and "limited dissection"; to provide that tissues may be retained for additional studies; to provide that the county medical examiner shall be notified when any person dies after having been admitted to a hospital in an unconscious state and without regaining consciousness.
Referred to the Committee on Judiciary.

SB 325. By Senator Turner of the 8th:
A bill to amend Article 1 of Chapter 12 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding damages, so as to provide conditions under which a claimant shall not be entitled to receive interest on sums claimed as unliquidated damages; to revise the rate of interest applicable to sums claimed as unliquidated damages; to provide for an effective date and for applicability.
Referred to the Committee on Judiciary.

SB 349. By Senators Newbill of the 56th, Ragan of the 32nd and Thompson of the 33rd:
A bill to provide for the determination of the millage rate by the governing authorities of Cobb County, any municipality wholly or partially located in Cobb County, and the school systems of Cobb County and any municipalities wholly or partially located in Cobb County; to provide for definitions; to provide for certification of taxable values and millage rates by the tax commissioner of Cobb County; to provide for the adoption of millage rate resolutions and ordinances; to provide procedures for the adoption of a millage rate; to provide for the publication of notices; to provide for the form of notices; to provide the procedure for adopting the ordinance or resolution.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 366. By Senator Thompson of the 33rd:
A bill to amend an Act creating the Cobb-Marietta Coliseum and Exhibit Hall Authority, as amended, so as to change the provisions regarding the appointment of members of the authority; to provide for terms of office; to provide for the filling of vacancies.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 386. By Senators Scott of the 36th, Newbill of the 56th, Shumake of the 39th and others:
A bill to provide that the Board of Commissioners of Fulton County and the Council of the City of Atlanta shall site no new solid waste disposal facility, including a sewage sludge incincerator, until they enact local solid waste disposal plans; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

THURSDAY, FEBRUARY 28, 1991

1443

SR 200. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A resolution proposing an amendment to the Constitution so as to provide that the director of the Office of Planning and Budget shall be a member of the Georgia State Financing and Investment Commission; to provide for the submission of this amendment for ratification or rejection.
Referred to the Committee on Appropriations.

SR 205. By Senators Foster of the 50th, Ragan of the 10th, Deal of the 49th and others:
A resolution creating the special Study Commission on Postsecondary Technical and Adult Education Finance.
Referred to the Committee on Rules.

Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House were taken up for consideration and read the third time:

HR 348. By Representatives Patten of the 149th, Breedlove of the 60th and Barfoot of the 120th:
A resolution creating the Water Resource Conservation Management Study Committee.

The following amendment was read and adopted:

Representative Pinkston of the 100th moves to amend HR 348 as follows: Change the figure 20 on page 2 line 27 to 10.

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, as amended, the ayes were 111, nays 2.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

HB 844. By Representatives Reaves of the 147th, Oliver of the 121st, Purcell of the 129th, Balkcom of the 140th and Branch of the 137th:
A bill to amend Article 1 of Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to dealers in agricultural products, so as to change the definition of agricultural products.

The following amendment was read and adopted:

The Committee on Agriculture & Consumer Affairs moves to amend HB 844 by inserting on line 4 of page 1 between the word and symbol "products;" and the word "to" the following:
"to provide who shall be required to post bond;".
By inserting between lines 16 and 17 of page 1 the following:

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JOURNAL OF THE HOUSE,

"Section 2. Said article is further amended by striking Code Section 2-9-5, relating to bond required of dealers in agricultural products, in its entirety and inserting in lieu thereof the following:
'2-9-5. Before any license is issued the applicant shall make and deliver to the Commissioner a surety bond executed by a surety corporation authorized to transact business in this state. The bond shall be in the amount of at least $1,000.00 or in such greater amount as the Commissioner may determine, not exceeding an amount equal to the maximum amount of business done or estimated to be done in any month by the applicant. Such bond shall be upon a form prescribed or approved by the Commissioner and shall be conditioned to secure the faithful accounting for and payment to producers or their agents or representatives of the proceeds of all agricultural products handled or sold by such dealer. However, in lieu of a surety bond, the Commissioner may accept a cash bond, which shall in all respects be subject to the same claims and actions as would exist against a surety bond. For the purpose of the purchase of dairy products, the above-referenced bond shall be required of any person, firm, or corporation who shall engage in the business of purchasing dairy products from producers or cooperative associations for the purpose of manufacturing, pasteurizing, or distributing dairy products.'"
By renumbering current Sections 2 and 3 as Sections 3 and 4, respectively.

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, as amended, the ayes were 113, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 731. By Representatives Royal of the 144th, Greene of the 130th, Skipper of the 116th and Harris of the 84th:
A bill to amend Code Section 42-4-31 of the Official Code of Georgia Annotated, relating to safety measures required of persons in charge of certain detention facilities, so as to provide that certain municipal detention facilities shall be authorized to utilize a full-time dispatcher as a full-time jailer under certain conditions.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 104, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:

HR 410. By Representatives Pinkston of the 100th, Groover of the 99th, Elliott of the 103rd, Lucas of the 102nd, Birdsong of the 104th and others:
A resolution commending the Honorable Lee Robinson, Mr. Vernon Colbert, Mr. Gene Basinski, Mr. Larry Brown, Ms. Carolyn Crayton, Ms. Christine Harmon, and Mr. Jim Marshall and inviting them to appear before the House of Representatives.

Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:

THURSDAY, FEBRUARY 28, 1991

1445

HB 653. By Representatives Harris of the 84th, Parham of the 105th and Barnett of the 10th:
A bill to amend Code Section 48-10-2 of the Official Code of Georgia Annotated, relating to annual license fees for the operation of vehicles, so as to change the annual license fees applicable to certain house trailers, auto trailers, and boat trailers.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 92, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 727. By Representatives Cheeks of the 89th, Murphy of the 18th, Watson of the 114th, Watts of the 41st, Edwards of the 112th and others:
A bill to amend Article 19 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to textbooks, so as to provide that all textbooks purchased with state funds shall remain the property of each local unit of administration to establish policies for the proper care and protection of its textbooks and provide sanctions against a pupil who fails or refuses to pay for a lost or damaged textbook as a condition to receiving all or part of the state contributed Quality Basic Education Program funds allotted to the local unit.

The following substitute, offered by Representative Cheeks of the 89th, was read:

A BILL
To amend Article 19 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to textbooks, so as to provide that all textbooks and library books purchased with state funds shall remain the property of each local unit of administration purchasing them and to require each local unit of administration to establish policies for the proper care and protection of its textbooks and library books and provide sanctions against a pupil who fails or refuses to pay for a lost or damaged textbook or library book as a condition to receiving all or part of the state contributed Quality Basic Education Program funds allotted to the local unit; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 19 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to textbooks, is amended by striking Code Section 20-2-1013 and inserting in lieu thereof a new Code Section 20-2-1013 to read as follows:
"20-2-1013. la) The State Board of Education is authorized and directed to inaugurate and administer a system of free textbooks for the public schools of this state. The state board shall have authority to promulgate and enforce such rules and regulations as may be necessary for that purpose.
(b) All textbooks and library books purchased by local units of administration with state Quality Basic Education Program funds shall remain the property of the local unit purchasing them. Each local unit of administration shall establish such policies as it deems necessary for the care and protection of its textbooks and library books as a condition to receiving all or part of the state contributed Quality Basic Education Program funds allotted to the local unit. Such policies may include any of the following sanctions against a pupil who fails or refuses to pay for a lost or damaged textbook or library book at the replacement cost:
(1) Refusal to issue any additional textbooks and library books until restitution is made;

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(2) Withholding of all grade cards, diplomas, certificates of progress, or transcripts until restitution is made;
(3) Not allowing the pupil to take interim or final examinations or to earn course credit in the course for which the textbook is prescribed until restitution is made; or
(4) Reducing the pupil's grade in the course for which the textbook is prescribed by one letter grade or 10 percentage points until restitution is made. No local unit of administration shall require any pupil or parent to purchase any textbook or library book except in cases where the pupil damages, loses, or defaces a textbook or library book either through willful intent or neglect."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Cheeks of the 89th and Connell of the 87th move to amend the Floor substitute to HB 727 as follows:
Delete on page 2 lines 20 thru 23.

The Floor substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute, as amended.
On the passage of the Bill, by substitute, as amended, the ayes were 111, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

HB 396. By Representatives Harris of the 84th, Barnett of the 10th and Parham of the 105th:
A bill to amend Code Section 35-1-4 of the Official Code of Georgia Annotated, relating to requirements for reporting stolen vehicles and license plates, so as to change certain reporting requirements.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams
Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot
Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beatty Y Benefield Y Birdsong
Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Y Brooks Y Brown

Y Brush YBuck Y Buckner YByrd Y Campbell
Canty Y Carrell
Y Carter Y Chafm Y Chambless
Cheeks
Y Childers Clark,E Clark,H Clark.L
Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B
Cummings.M

Y Davis.G Y Davis.M
Dkon,H Y Din,S Y Dobbs Y Dover
YDunn Y Edwards Y Elliott Y Felton
Fennel Y Floyd,J.M Y Floyd,J.W
Flynt
Y Godbee Y Golden Y Goodwin Y Green
Greene Y Griffin Y Groover Y Hamilton

Y Hammond Manner
Y Harris,B Y Harris,J
Heard Y Henson Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Ylrwin
Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd

Y Lane,D Y Lane,R Y Langford
Lawrence Y Lawson YLee
Long Lord Lucas Lupton YMann Martin YMcCoy Y McKelvey McKinney,B Y McKinney.C Y Meadows
Y Merritt Milam
Y Mills Y Mobley Y Moody

THURSDAY, FEBRUARY 28, 1991

1447

Y Moreberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock
Padgett YParham Y Parrish Y Patten Y Pelote Y Perry Y Pettit

Y Pinholster Pinkston
YPoag Y Porter Y Poston Y Powell,A Y Powell,C Y Purcell
Randall YRay
Reaves Y Redding Y Ricketson Y Royal

Y Selman Y Sherrill Y Simpson
Sinkfield Y Skipper Y Smith,L Y Smith,P
Smith.T Y Smith,W YSmyre
Snow Y Stancil.F Y Stancil.S
Stanley

Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert
Townsend Turnquest Y Twiggs Y Valenti

Y Vaughan Walker,J Walker.L
Y Wall Ware
Y Watson Y Watts Y White
Wilder Y Williams,B Y Williams,J Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 143, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representatives Clark of the 20th (Post 4), Padgett of the 86th, Snow of the 1st and Wilder of the 21st stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 772. By Representative Herbert of the 76th:
A bill to amend Chapter 38 of Title 43 of the Official Code of Georgia Annotated, relating to operators of private detective and private security businesses, so as to revise provisions for the issuance of licenses generally; to revise qualifications for a license.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

HB 746. By Representative Floyd of the 154th:
A bill to amend Part 1 of Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions applicable to seafood, so as to change the penalty for violation of certain provisions.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to fish, so as to repeal certain provisions relating to commercial fishing licenses; to define a certain term; to change the penalty for violation of certain provisions relating to unlawful shrimping; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to fish, is amended by striking in its entirety Code Section 27-4-110, relating to the requirement for a commercial fishing license, and inserting in lieu thereof a new Code Section 27-4-110 to read as follows:
"27-4-110. {a} It shall be unlawful for any person to engage in commercial fishing in any of the salt waters of this state without first obtaining a commercial fishing license. Such license shall be separate and distinct from and in addition to the commercial fishing boat license required by Code Section 27-2-8.

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\OT wnen ft person Ht ciiftFge Or tfic opeFftiion of ft comtnepcifli tisnin^ Doflt) wnetrier
license &n(x ts on OO&FQ *iie con)meret&x tisniti^ DOftif inen flny person ossisim^ in coni~ under ine supervision of sucn licensee* person neeu not n&ve ~& commer
to flutnorize flny person to en^fl^e m commercis.1 iistiin^ tn flny "Of xne 9flit of tins stflte ftt finy time wnen ine conimercifii iistiing license of tne person n&s been revoked or suspended."
Section 2. Said chapter is further amended by striking in its entirety subsections (b) and (c) of Code Section 27-4-134, relating to the requirement of a forfeiture bond or affidavit upon application for a commercial fishing boat license where the boat is to be used for fishing with power-drawn nets, and inserting in lieu thereof a new subsections (b) and (c) to read as follows:
"(b) The term of the bond provided for in paragraphs (1) and (2) of subsection (a) of this Code section shall be for one year and shall correspond to the period of the license. When such a bond has been filed, Code Section 27-4-137 shall not apply to the boat covered by the bond. The commissioner shall have the right to recover on the bond for the breach of its conditions whenever said boat is used in violation of Code Section 27-4-133 or any rule or regulation promulgated pursuant thereto, either with or without the knowledge, consent, or acquiescence of the owner of the boat. The recovery shall be:
(1) For the first violation, $600.00 $1,000.00; and (2) For the second violation within a two -year period ef time ef any prier violation, $1,000.00; For each subsequent violation within the period of any license, $4,000.00. \o) f or *nc tniFd vioiu11on wrtnin ft two~ye&r period of time of flny prior viol&tion^
44) F-er ati subsequent violations within a two-year period ef time f taty prior violation ffifi 000 00 (c) Every breach or violation shall carry over to all succeeding bonds filed under this Code section. The aggregate liability shall not exceed the amount of the bond. However, in the event that the total amount of any bond is forfeited, the commercial fishing boat license shall be suspended until a new bond in the amount of $10,000.00 is filed covering the remainder of the period of the license. Until the new bond is filed, any commercial use of the boat shall be unlawful; and the owner shall be guilty of a misdemeanor of a high and aggravated nature. Nothing in this subsection shall be construed so as to alter or affect the seizure and condemnation, under Code Section 27-4-137, of any boat not covered by the bonds provided for in paragraphs (1) and (2) of subsection (a) of this Code section."
Section 3. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 27-4-138, relating to penalties for offenses pertaining to the operation of commercial fishing boats engaged in illegal fishing with power-drawn nets, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) (1) As used in this Code section, the term 'fishing day' means any day in any period during which the waters of this state are open to commercial shrimping pursuant to Code Section 27-4-133 and any administrative order of the commissioner.
(2) Any person in command ef on board any commercial fishing boat who violates or causes to be violated the provisions of Code Section 27-4-133 L which violation occurs not more than one-fourth mile within any waters which are closed at the time of the violation, shall be guilty of a misdemeanor of a high and aggravated nature and shall be punished as such, subject to minimum punishment as follows:
(A) For the first offense, the person shall be fined not less than $1,000.00 $500.00 ad given a mandatory suspension from ay commercial fishing for 60 fishing d&ysj
(B) For the second offense, the person shall be fined not less than $2,600.00 $1,500.00 and given a mandatory suspension from any commercial fishing for 4S6 ten fishing days; and

THURSDAY, FEBRUARY 28, 1991

1449

[O For the third or any subsequent offense, the person shall be fined not less than $5,000.00 and given a mandatory suspension from any commercial fishing for one yea* 60 fishing days. (3) Any person in command of any commercial fishing boat who violates or causes to be violated the provisions of Code Section 27-4-133, which violation ccurs onefourth mile or more within any waters which are closed at the time of the violation, shall be guilty of a misdemeanor of a high and aggravated nature and shall be punished as such, subject to minimum punishment as follows:
(A) For the first offense, the person shall be fined not less than $5,000.00 and given a mandatory suspension from any commercial fishing for 60 fishing days;
(B) For the second offense, the person shall be fined not less than $10,000.00 and given a mandatory suspension from any commercial fishing for 120 fishing days; and
(C) For the third or any subsequent offense, the person shall be fined not less than $10,000.00 and given a mandatory suspension from any commercial fishing for one year. {2} (4) Any person who violates a mandatory suspension provided for in paragraph paragraphs ft) (2) and (3) of this subsection shall, upon a proper showing, be subject to imprisonment for a period not to exceed 12 months."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

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, by substitute, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Atkins
Baker Y Baikcom
Barfoot Y Bargeron Y Barnett.B Y Harriett,M
Bates Y Beatty Y Benefield
Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Y Brown
Y Brush YBuck Y Buckner
Byrd Y Campbell
Canty Y Carrell Y Carter Y Chafin Y Chambless
Cheeks Y Childers
Clark.E Clark.H

Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B
Cummings.M Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs
Dover Dunn
Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Flynt Godbee Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover Y Hamilton
Hammond
Manner Y Harris,B
Y Harris,J Heard
Y Henson

Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing
Y Kingston Y Klein YLadd Y Lane.D Y Lane,R Y Langford Y Lawrence Y Lawson YLee
Long Lord Lucas Lupton YMann Y Martin
Y McCoy Y McKelvey
McKinney.B
Y McKinney.C Y Meadows Y Merritt
Milam Y Mills

Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock
Padgett Y Parham
Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter Y Poston
Powell,A Y Powell.C Y Purcell Y Randall
YRay Reaves Redding
Y Ricketson Y Royal Y Selman
Y Sherrill Y Simpson
Sinkfield Y Skipper Y Smith.L

Y Smith,P Smith.T
Y Smith.W Y Smyre YSnow Y Stancil.F Y Stancil.S
Stanley Y Stephens
Y Streat Y Taylor Y Teper
Y Thomas.C Thomas.M Thomas.N
Y Thurmond Y Titus
Tolbert Townsend Turnquest Y Twiggs Y Valenti Vaughan Walker,J Y Walker.L Y Wall Y Ware Y Watson Y Watts Y White Wilder Y Williams.B Y Williams,J Y Williams,R Y Yeargin Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 137, nays 0.

1450

JOURNAL OF THE HOUSE,

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

Representatives Clark of the 20th (Post 4), Hammond of the 20th, Padgett of the 86th and Wilder of the 21st stated that they had been called from the floor of the House during
the preceding roll call. They would like to be recorded as voting "aye" thereon.

HB 451. By Representative Wall of the 61st:
A bill to amend Code Section 40-5-55 of the Official Code of Georgia Annotated, relating to implied consent to chemical tests and the suspension of a person's driver's license for the refusal to submit to a chemical test, so as to provide a definition.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 40-5-55 of the Official Code of Georgia Annotated, relating to implied consent to chemical tests and the suspension of a person's driver's license for the refusal to submit to a chemical test, so as to provide a definition; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 40-5-55 of the Official Code of Georgia Annotated, relating to implied consent to chemical tests and the suspension of a person's driver's license for the refusal to submit to a chemical test, is amended by adding a new subsection, to be designated subsection (g), to read as follows:
"(g) As used in this Code section, the term 'traffic accident which resulted in serious injuries or fatalities' means any motor vehicle accident in which a person was killed or in which one or more persons were transported in an authorized emergency vehicle, as defined in paragraph (5) of Code Section 40-1-1, from the scene of the accident to a hospital."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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, by substitute, the ayes were 103, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative McKinney of the 35th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 451.

HB 773. By Representative Bostick of the 138th:
A bill to amend Code Section 34-9-1 of the Official Code of Georgia Annotated, relating to definitions applicable to workers' compensation, so as to provide that certain owner-operators of equipment shall be deemed to be independent contractors.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

THURSDAY, FEBRUARY 28, 1991

1451

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford
Y Atkins Y Baker Y Balkcom
YBarfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck
Buckner Byrd Y Campbell Canty N Carrell Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.H

Clark,L Y Coker
Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B
Cummings.M
Y Davis.G Y Davis.M Y Dixon.H Y Dixon,S Y Dobbs Y Dover
Dunn Edwards
Y Elliott Y Felton Y Fennel Y Floyd,J.M
Y Floyd,J.W Flynt
Y Godbee Y Golden
Goodwin
Y Green Y Greene N Griffin
Groover Y Hamilton Y Hammond
Manner Y Harris,B Y Harris,J Y Heard Y Henson

Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane,D
Y Lane,R Y Langford Y Lawrence Y Lawson YLee
Long
Lord Lucas Lupton YMann Y Martin YMcCoy Y McKelvey McKinney,B Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills

Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett
Par ham Y Parrish
Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter
Poston Powell.A Y Powell.C Y Purcell Randall YRay Y Reaves Y Redding Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L

Y Smith.P Y Smith.T Y Smith,W Y Smyre YSnow Y Stancii.F Y Stancil,S Y Stanley
Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert
Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall Y Ware Y Watson
Watts Y White Y Wilder Y Williams,B
Williams,J Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 152, nays 2. The Bill, having received the requisite constitutional majority, was passed.

HB 226. By Representatives Oliver of the 53rd, Thomas of the 69th, Chambless of the 133rd, Poston of the 2nd, Pettit of the 19th and others:
A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to revise and replace the laws relating to nonprofit corporations.

The following Committee substitute was read and adopted:

A BILL
To amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to revise and replace the laws relating to nonprofit corporations; to provide for a short title; to provide for reservation of the power of the General Assembly to amend or repeal such laws; to provide for the filing of documents; to provide for the publication of notices; to provide for forms; to provide for fees; to provide for penalties; to provide for the effective time and date of documents; to provide for correcting filed documents; to provide for the powers and duties of the Secretary of State; to provide for appeals for actions or decisions of the Secretary of State; to provide for the evidentiary effect of documents and copies thereof; to provide for certificates of existence; to prohibit the signing of false documents; to provide for interrogatories and confidentiality of information; to provide for the creation, operation, regulation, members, boards of directors, officers, agents, employees, powers, duties, obligations, merger, governance, and

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JOURNAL OF THE HOUSE,

dissolution of nonprofit corporations; to provide for the powers, duties, obligations, prohibitions, and conduct of officers and directors and the penalties imposed thereon; to provide for definitions; to provide for notices and the waiver thereof; to provide for private foundations; to provide for judicial relief; to provide for the powers and duties of the Attorney General; to provide for and recognize certain constitutional protections; to provide for organization and incorporation; to provide for incorporators; to provide for articles of incorporation and bylaws; to provide for preincorporation transactions and liability therefor; to provide for the purposes and powers of nonprofit corporations; to provide for ultra vires acts; to provide for corporate, reserved, and registered names; to provide for registered offices and agents; to provide for service of process; to provide for venue; to provide for the admission of members, types of memberships, members' rights and obligations, and the resignation, expulsion, suspension, and termination of members and memberships; to provide for delegates; to provide for creditors' actions; to provide for meetings, elections, and voting; to provide for voting agreements; to provide for derivative proceedings; to provide for members' lists; to provide for proxies; to provide for standing; to provide for demands, notices, stays, and dismissal; to provide for discontinuance, settlement, and expenses; to provide for boards of directors and their members, powers, duties, terms, compensation, resignation, removal, vacancies, meetings, actions, and conduct; to provide for liability; to provide for officers and their powers, duties, conduct, resignation, removal, and contract rights; to provide for indemnification and expenses; to provide for, prohibit, and regulate conflicting interest transactions; to provide for committees; to provide for insurance; to provide for judicial actions, directors' actions, members' actions, and actions by the Attorney General or superior courts; to provide for amendment of articles of incorporation and bylaws; to provide for mergers; to provide for the sale of assets; to provide for distributions; to provide for dissolutions; to provide for claims; to provide for revival; to provide for receiverships and custodianships; to provide for foreign corporations; to provide for certificates of authority and the requirements, conditions, and revocation thereof; to provide for withdrawal; to provide for domestication; to provide for service, registered offices, and registered agents; to provide for records and reports; to provide for inspection of records; to provide for limitations on the use of membership lists; to provide for annual registrations; to provide for application of laws to domestic corporations and foreign corporations; to provide for savings provisions; to provide for other matters relating to nonprofit corporations and their officers, employees, agents, members, operations, powers, duties, practices, procedures, and authority and the regulation thereof; to correct a cross-reference; 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 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, is amended by striking Chapter 3, known as the "Georgia Nonprofit Corporation Code," and inserting in lieu thereof a new Chapter 3 to read as follows:
"CHAPTER 3 ARTICLE 1
Part 1
14-3-101. This chapter shall be known and may be cited as the 'Georgia Nonprofit Corporation Code.'
14-3-102. The General Assembly has power to amend or repeal all or part of this chapter at any time and all domestic and foreign corporations subject to this chapter are governed by the amendment or repeal.
Part 2
14-3-120. (a) A document must satisfy the requirements of this Code section and of any other Code section that adds to or varies these requirements to be entitled to filing by the Secretary of State.

THURSDAY, FEBRUARY 28, 1991

1453

(b) This chapter must require or permit filing the document in the office of the Sec-

retary of State.

(c) The document must contain the information required by this chapter. It may

contain other information as well.

(d) The document must be typewritten or printed.

(e) The document must be in the English language. However, a corporate name need

not be in English if written in English letters or Arabic or Roman numerals, and the

certificate of existence required of foreign corporations need not be in English if accom-

panied by a reasonably authenticated English translation.

(f) The document must be executed:

(1) By the chairman of the board of directors of a domestic or foreign corporation,

its president, or by another of its officers;

(2) If directors have not been selected or the corporation has not been formed, by

an incorporator; or

(3) If the corporation is in the hands of a receiver, trustee, or other court

appointed fiduciary, by that fiduciary.

(g) The person executing a document shall sign it and state beneath or opposite the

signature his name and the capacity in which he signs. The document may, but need

not, contain:

(1) The corporate seal;

(2) An attestation by the secretary or an assistant secretary; or

(3) An acknowledgment, verification, or proof.

(h) The document must be delivered to the office of the Secretary of State for filing

and must be accompanied by one exact or conformed copy (except as provided in Code

Sections 14-3-503 and 14-3-1509), the correct filing fee, any certificate required by this

chapter, and any penalty required by this chapter or other law.

14-3-121. The Secretary of State may prescribe and furnish on request, forms for:

(1) An application for a certificate of existence;

(2) A foreign corporation's application for a certificate of authority to conduct

affairs in this state;

(3) A foreign corporation's application for a certificate of withdrawal;

(4) The annual registration; and

(5) Such other forms not in conflict with this chapter as may be prescribed by the

Secretary of State.

14-3-122. (a) The Secretary of State shall collect the following fees when the docu-

ments described in this subsection are delivered for filing:

Document

Fee

(1) Articles of incorporation.................................................................................^ 60.00

(2) Application for certificate of authority......................................................... 70.00

(3) Annual registration........................................................................................... 15.00

(4) Agent's statement of resignation................................................................... No fee

(5) Certificate of judicial dissolution.................................................................. No fee

(6) Application for reservation of a corporate name........................................ No fee

(7) Statement of change of address of registered agent...$5.00 per corporation but not less than........................................................................... 20.00

(8) Any other document required or permitted to be filed by this chapter................................................................................................................... 20.00

(b) Each corporation, domestic or foreign, that fails or refuses to file its annual report for any year shall not be required to pay any penalty for so failing or refusing
to file its annual report, but such corporation may be subject to involuntary dissolution as provided in Code Section 14-3-1430.

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14-3-123. (a) Except as provided in subsection (b) of this Code section and subsection (c) of Code section 14-3-124, a document is effective:
(1) At the time of filing on the date it is filed, as evidenced by the Secretary of State's endorsement on the original document; or
(2) At any later time specified in the document as its effective time on the date it is filed.
(b) A document may specify a delayed effective time and date, and if it does so the document becomes effective at the time and date specified. If a delayed effective date but no time is specified, the document is effective at the close of business on that date. A delayed effective date for a document may not be later than the ninetieth day after the date filed.
(c) If a document is determined by the Secretary of State to be incomplete and inappropriate for filing, the Secretary of State may return the document to the person or corporation filing it, together with a brief written explanation of the reason for the refusal to file, in accordance with subsection (c) of Code Section 14-3-125 and, if the applicant returns the document with corrections in accordance with the rules and regulations of the Secretary of State, the filing date of the document will be the filing date that would have been applied had the original document not been deficient.
14-3-124. (a) A domestic or foreign corporation may correct a document filed by the Secretary of State if the document:
(1) Contains an incorrect statement; or
(2) Was defectively executed, attested, sealed, verified, or acknowledged.
(b) A document is corrected:
(1) By preparing articles of correction that:
(A) Describe the document (including its filing date) or attach a copy of it to the articles;
(B) Specify the incorrect statement and the reason it is incorrect or the manner in which the execution was defective; and
(C) Correct the incorrect statement or defective execution; and
(2) By delivering the articles of correction to the Secretary of State for filing.
(c) Articles of correction are effective on the effective date of the document they correct except as to persons relying on the uncorrected document and adversely affected by the correction. As to those persons, articles of correction are effective when filed.
14-3-125. (a) If a document delivered to the office of the Secretary of State for filing satisfies the requirements of Code Section 14-3-120, the Secretary of State shall file it.
(b) The Secretary of State files a document by stamping or otherwise endorsing his official title and the date and time of receipt on both the original and the document copy. After filing a document, except as provided in Code Sections 14-3-503 and 14-3-1510, the Secretary of State shall deliver the document copy to the domestic or foreign corporation or its representative.
(c) If the Secretary of State refuses to file a document, he shall return it to the domestic or foreign corporation or its representative within ten days after the document was delivered, together with a brief, written explanation of the reason for his refusal.
(d) The Secretary of State's duty to file documents under this Code section is ministerial. Filing or refusing to file a document does not:
(1) Affect the validity or invalidity of the document in whole or in part;
(2) Relate to the correctness or incorrectness of information contained in the document; or
(3) Create a presumption that the document is valid or invalid or that information contained in the document is correct or incorrect.
14-3-126. (a) If the Secretary of State refuses to file a document delivered to his office for filing, the domestic or foreign corporation may appeal the refusal within 30 days after the return of the document to the superior court. The appeal is commenced by petitioning the court to compel filing of the document and by attaching to the peti-
tion the document and the Secretary of State's explanation of his refusal to file.

THURSDAY, FEBRUARY 28, 1991

1455

(b) The matter shall promptly be tried de novo by the court without a jury. The court may summarily order the Secretary of State to file the document or take other action the court considers appropriate.
(c) The court's final decision may be appealed as in other civil proceedings. 14-3-127. A certificate attached to a copy of a document filed by the Secretary of State, bearing his signature, which may be in facsimile, and the printed or embossed seal of this state is prima facie evidence that the original document has been filed with the Secretary of State. 14-3-128. (a) Any person may apply to the Secretary of State to furnish a certificate of existence for a domestic corporation or a certificate of authorization for a foreign corporation. (b) A certificate of existence or authorization sets forth:
(1) The domestic corporation's corporate name or the foreign corporation's corporate name used in this state;
(2) That the domestic corporation is duly incorporated under the law of this state and the date of its incorporation, or that the foreign corporation is authorized to transact business in this state;
(3) That its most recent annual registration required by Code Section 14-3-1622 has been delivered to the Secretary of State; and
(4) That articles of dissolution have not been filed. (c) Subject to any qualification stated in the certificate, a certificate of existence or authorization issued by the Secretary of State may be relied upon as prima-facie evidence that the domestic or foreign corporation is in existence or is authorized to transact business in this state. 14-3-129. A person who signs a document he knows is false in any material respect with intent that the document be delivered to the Secretary of State for filing shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $500.00.
Part3
14-3-130. The Secretary of State has the power reasonably necessary to perform the duties required of him by this chapter.
Part 4
14-3-140. As used in this chapter, the term: (1) 'Articles of incorporation' or 'articles' includes amended and restated articles of
incorporation and articles of merger. (2) 'Board of directors' or 'board' means the person or persons vested with the
authority to manage the affairs of the corporation, irrespective of the name by which such group is designated, but shall not include any person solely by virtue of powers delegated to him by Code Section 14-3-801.
(3) 'Bylaws' means the code of rules (other than the articles) adopted pursuant to this chapter for the regulation or management of the affairs of the corporation, irrespective of the name or names by which such rules are designated.
(4) 'Class' refers to a group of memberships which have the same rights with respect to voting, dissolution, redemption, and transfer. For the purpose of this Code section, rights shall be considered the same if they are determined by a formula applied uniformly.
(5) 'Conspicuous' means written in such a manner that a reasonable person against whom the writing is to operate should have noticed it. For example, printing in italics or boldface or contrasting color or typing in capitals or underlined is conspicuous.
(6) 'Corporation' means a nonprofit corporation, other than a foreign corporation, organized under or subject to this chapter.
(7) 'Delegate' means a person elected or appointed to vote in a representative assembly for the election of a director or on other matters.
(8) 'Deliver' includes mail.

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(9) 'Distribution' means the payment of a dividend or any part of the income or profit of a corporation to its members, directors, or officers. Payment of indemnification or reasonable compensation, fees, or expenses incurred in the performance of duties on behalf of the corporation is not a distribution.
(10) 'Domestic corporation' means a corporation. (11) 'Effective date of notice' is defined in Code Section 14-3-141. (12) 'Employee' includes an officer but not a director. A director may accept duties that make him also an employee. (13) 'Entity' includes corporation and foreign corporation; business corporation and foreign business corporation; profit and nonprofit unincorporated association; business trust, estate, partnership, trust, two or more persons having a joint or common economic interest; and state, United States, and foreign government. (14) 'Foreign corporation' means a corporation organized under a law other than the law of this state which would be a nonprofit corporation if organized under, or subject to, this chapter. (15) 'Governmental subdivision' includes an authority, county, district, and municipality or any other political subdivision. (16) 'Includes' denotes a partial definition. (17) 'Individual' includes the estate of an incompetent or deceased individual. (18) 'Mail' includes the United States mail. (19) 'Means' denotes an exhaustive definition. (20) 'Member' means (without regard to the name by which a person is designated in the articles or bylaws) any person who is entitled to vote for the election of a director or directors pursuant to a provision of the corporation's articles or bylaws that expressly provides for or contemplates the existence of members. A person is not a member by virtue of any of the following:
(A) Any rights such person has as a delegate; (B) Any rights such person has to designate or confirm a director or directors; or (C) Any rights such person has as a director. (21) 'Nonprofit corporation' means a corporation which may make no distribution to its members, directors, or officers, except as reasonable compensation for services rendered, and except as otherwise provided in this chapter. (22) 'Notice' is defined in Code Section 14-3-141. (23) 'Person' includes an individual and an entity. (24) 'Principal office' means the office (in or out of this state) so designated in the annual registration where the principal executive offices of a domestic or foreign corporation are located.
(25) 'Proceeding' includes civil suit and criminal, administrative, and investigatory action.
(26) 'Record date' means the date established under Article 6 or 7 of this chapter on which a corporation determines the identity of its members for purposes of this chapter. The determinations shall be made as of the close of business on the record date unless another time for doing so is specified when the record date is fixed.
(27) 'Secretary' means the corporate officer to whom the board of directors has delegated responsibility under subsection (b) of Code Section 14-3-840 for custody of the minutes of the meetings of the board of directors and of any members and for authenticating records of the corporation.
(28) 'State,' when referring to a part of the United States, includes a state, commonwealth, the District of Columbia (and their agencies and governmental subdivisions) and a territory and insular possession (and their agencies and governmental subdivisions) of the United States.
(29) 'Superior court' means the superior court of the county in which the corporation's registered office is located; or, if the corporation has no registered office, the county in which the corporation's principal office is located; or, if the corporation has neither a registered office nor a principal office, then the Superior Court of Fulton County.

THURSDAY, FEBRUARY 28, 1991

1457

(30) 'United States' includes district, authority, bureau, commission, department, and any other agency of the United States.
(31) 'Voting power' means the total number of votes entitled to be cast for the election of directors at the time the determination of voting power is made, excluding a vote which is contingent upon the happening of a condition or event that has not occurred at the time. Where a class is entitled to vote as a class for directors, the determination of voting power of the class shall be based on the percentage of the number of directors the class is entitled to elect out of the total number of authorized directors. 14-3-141. (a) Notice under this chapter shall be in writing unless oral notice is reasonable under the circumstances. (b) Notice may be communicated in person; by telephone, telegraph, teletype, or other form of wire or wireless communication; or by mail or private carrier. If these forms of personal notice are likely to prove impracticable in particular cases, notice may in addition be communicated by a newspaper of general circulation in the area where published or by radio, television, or other form of public broadcast communication. (c) Written notice by a domestic or foreign corporation to its members, if in a comprehensible form, is effective when mailed, if mailed with first-class postage prepaid and correctly addressed to the member's address shown in the corporation's current record of members. If the corporation has more than 500 members of record entitled to vote at a meeting, it may utilize a class of mail other than first class if the notice of the meeting is mailed, with adequate postage prepaid, not less than 30 days before the date of the meeting. (d) Written notice to a domestic or foreign corporation (authorized to transact business in this state) may be addressed to its registered agent at its registered office or to the corporation or its secretary at its principal office shown in its most recent annual registration or, in the case of a foreign corporation that has not yet delivered an annual registration, in its application for a certificate of authority. (e) Except as provided in subsection (c) of this Code section or in the articles of incorporation or bylaws, written notice, if in a comprehensible form, is effective at the earliest of the following:
(1) When received or when delivered, properly addressed, to the addressee's last known principal place of business or residence;
(2) Five days after its deposit in the mail, as evidenced by the postmark, if mailed with first-class postage prepaid and correctly addressed; or
(3) On the date shown on the return receipt, if sent by registered or certified mail, return receipt requested, and the receipt is signed by or on behalf of the addressee.
(f) Oral notice is effective when communicated if communicated in a comprehensible manner.
(g) In calculating time periods for notice under this chapter, when a period of time measured in days, weeks, months, years, or other measurement of time is prescribed for the exercise of any privilege or the discharge of any duty, the first day shall not be counted but the last day shall be counted.
(h) If this chapter prescribes notice requirements for particular circumstances, those requirements govern. If articles of incorporation or bylaws prescribe notice requirements, not inconsistent with this Code section or other provisions of this chapter, those requirements govern.

Part 5
14-3-160. (a) If for any reason it is impractical or impossible for any corporation to call or conduct a meeting of its members, delegates, or directors, or otherwise obtain their consent, in the manner prescribed by its articles, bylaws, or this chapter, then upon petition of a director, officer, delegate, member, or the Attorney General, the superior court may order that such a meeting be called or that a written ballot or other form of obtaining the vote of members, delegates, or directors be authorized, in such a manner as the court finds fair and equitable under the circumstances.

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(b) The court shall, in an order issued pursuant to this Code section, provide for a method of notice reasonably designed to give actual notice to all persons who would be entitled to notice of a meeting held pursuant to the articles, bylaws, or this chapter, whether or not the method results in actual notice to all such persons or conforms to the notice requirements that would otherwise apply. In a proceeding under this Code section the court may determine who the members or directors are.
(c) The order issued pursuant to this Code section may dispense with any requirement relating to the holding of or voting at meetings or obtaining votes, including any requirement as to quorums or as to the number or percentage of votes needed for approval, that would otherwise be imposed by the articles, bylaws, or this chapter.
(d) Whenever practical, any order issued pursuant to this Code section shall limit the subject matter of meetings or other forms of consent authorized to items, including amendments to the articles or bylaws, the resolution of which will or may enable the corporation to continue managing its affairs without further resort to this Code section; provided, however, that an order under this Code section may also authorize the obtaining of whatever votes and approvals are necessary for the dissolution, merger, or sale of assets.
(e) Any meeting or other method of obtaining the vote of members, delegates, or directors conducted pursuant to an order issued under this Code section, and that complies with all the provisions of such order, is for all purposes a valid meeting or vote, as the case may be, and shall have the same force and effect as if it complied with every requirement imposed by the articles, bylaws, and this chapter.
Part6
14-3-170. (a) The Attorney General may petition the superior court: (1) To enjoin the proposed unlawful conveyance, transfer, or assignment of assets
of a corporation described in paragraph (2) of subsection (a) of Code Section 14-3-1302 in situations in which the transferee knew of its unlawfulness;
(2) To set aside the unlawful conveyance, transfer, or assignment of assets of a corporation described in paragraph (2) of subsection (a) of Code Section 14-3-1302 in situations in which the transferee knew of its unlawfulness;
(3) To dissolve a corporation that: (A) Obtained its articles of incorporation through fraud; or (B) Has continued to exceed or abuse the authority conferred upon it by law;
or (4) To compel accounting and restitution or other appropriate relief for violation of Code Sections 14-3-830, 14-3-842, 14-3-860 through 14-3-864, or 14-3-1301. (b) In connection with any such proceeding or proposed proceeding, the Attorney General shall have the same power to investigate and issue subpoenas as he has with respect to investigations authorized under Code Section 45-15-17.
Part?
14-3-180. If religious doctrine governing the affairs of a corporation is inconsistent with the provisions of this chapter on the same subject, the religious doctrine shall control to the extent required by the Constitution of the United States or the constitution of this state or both.
ARTICLE 2
14-3-201. One or more persons may act as the incorporator or incorporators of a corporation by delivering articles of incorporation to the Secretary of State for filing.
14-3-202. (a) The articles of incorporation must set forth: (1) A corporate name for the corporation that satisfies the requirements of Code
Section 14-3-401; (2) The street address and county of the corporation's initial registered office and
the name of its initial registered agent at that office; (3) The name and address of each incorporator;

THURSDAY, FEBRUARY 28, 1991

1459

(4) Whether or not the corporation will have members; (5) The mailing address of the initial principal office of the corporation; and (6) A statement that the corporation is organized pursuant to the Georgia Nonprofit Corporation Code. (b) The articles of incorporation may set forth: (1) The purpose or purposes for which the corporation is organized, which may be, either alone or in combination with other purposes, the transaction of any lawful activity; (2) The names and addresses of the individuals who are to serve as the initial directors; (3) Provisions not inconsistent with law regarding:
(A) Managing and regulating the affairs of the corporation; (B) Defining, limiting, and regulating the powers of the corporation, its board of directors, and members (or any class of members); and (C) The characteristics, qualifications, rights, limitations, and obligations attaching to each or any class of members; (4) A provision eliminating or limiting the personal liability of a director to the corporation or its members for monetary damages for breach of duty of care or other duty as a director, provided that no provision shall eliminate or limit the liability of a director: (A) For any appropriation, in violation of his duties, of any business opportunity of the corporation; (B) For acts or omissions which involve intentional misconduct or a knowing violation of law; (C) For the types of liability set forth in Code Sections 14-3-860 through 14-3-864; or (D) For any transaction from which the director received an improper personal benefit, provided that no such provision shall eliminate or limit the liability of a director for any act or omission occurring prior to the date when such provision becomes effective; (5) Any provision that under this chapter is required or permitted to be set forth in the bylaws; and (6) Provisions not inconsistent with law regarding the distribution of assets on dissolution. (c) One or more incorporators named in the articles must sign the articles. (d) The articles of incorporation need not set forth any of the corporate powers enumerated in this chapter. 14-3-202.1. Code Section 14-2-201.1 shall apply equally to the organization of corporations under this chapter, except that the notice to the publisher of the newspaper shall be in substantially the following form:
'NOTICE OF INTENT TO INCORPORATE
Notice is given that articles of incorporation which will incorporate (name of corporation) will be delivered to
the Secretary of State for filing in accordance with the Georgia Nonprofit Corporation Code. The initial registered office of the corporation will be located at __________________________ (address of registered office) and its initial registered agent at such address is __________________________.' 14-3-203. (a) Unless a delayed effective date is specified, the corporate existence begins when the articles of incorporation are filed. (b) The Secretary of State's filing of the articles of incorporation is conclusive proof that the incorporators satisfied all conditions precedent to incorporation except in a proceeding by the state to cancel or revoke the incorporation or administratively dissolve the corporation. 14-3-204. All persons purporting to act as or on behalf of a corporation, knowing there was no incorporation under this chapter, are jointly and severally liable for all liabilities created while so acting.

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14-3-205. (a) After incorporation: (1) If initial directors are named in the articles of incorporation, the initial direc-
tors shall hold an organizational meeting, at the call of a majority of the directors, to complete the organization of the corporation by appointing officers, adopting bylaws, and carrying on any other business brought before the meeting; or
(2) If initial directors are not named in the articles, the incorporator or incorporators shall hold an organizational meeting at the call of a majority of the incorporators:
(A) To elect directors and complete the organization of the corporation; or (B) To elect a board of directors who shall complete the organization of the corporation. (b) Action required or permitted by this chapter to be taken by incorporators at an organizational meeting may be taken without a meeting if the action taken is evidenced by one or more written consents describing the action taken and signed by each incorporator. (c) An organizational meeting may be held in or out of this state or in accordance with Code Section 14-3-821. 14-3-206. (a) The incorporators or board of directors of a corporation shall adopt bylaws for the corporation. (b) The bylaws may contain any provision for regulating and managing the affairs of the corporation that is not inconsistent with law or the articles of incorporation. 14-3-2G7. (a) Unless the articles provide otherwise, the directors of a corporation may adopt, amend, or repeal bylaws to be effective only in an emergency defined in subsection (d) of this Code section. The emergency bylaws, which are subject to amendment or repeal by the members, may provide special procedures necessary for managing the corporation during the emergency, including: (1) How to call a meeting of the board; (2) Quorum requirements for the meeting; and (3) Designation of additional or substitute directors. (b) All provisions of the regular bylaws consistent with the emergency bylaws remain effective during the emergency. The emergency bylaws are not effective after the emergency ends. (c) Corporate action taken in good faith in accordance with the emergency bylaws: (1) Binds the corporation; and (2) May not be used to impose liability on a corporate director, officer, employee, or agent. (d) An emergency exists for purposes of this Code section if a quorum of the corporation's directors cannot readily be assembled because of some catastrophic event.
ARTICLE 3
14-3-301. (a) Every corporation incorporated under this chapter has the purpose of engaging in any lawful activity unless a more limited purpose is set forth in the articles of incorporation.
(b) A corporation engaging in an activity that is subject to regulation under another statute of this state may incorporate under this chapter only if incorporation under this chapter is not prohibited by the other statute. The corporation shall be subject to all limitations of the other statute.
14-3-302. Every corporation has perpetual duration and succession in its corporate name, unless its articles of incorporation adopted on or after April 1, 1969, or in the case of a corporation existing prior to or on April 1, 1969, an amendment thereto adopted on or after April 1, 1969, provides otherwise. Unless its articles of incorporation provide otherwise, every corporation has the same powers as an individual to do all things necessary or convenient to carry out its business and affairs, including without limitation power:
(1) To sue, be sued, complain, and defend in its corporate name; (2) To have a corporate seal, which may be altered at will, and to use it, or a facsimile of it, by impressing or affixing or in any other manner reproducing it;

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(3) To make and amend bylaws, not inconsistent with its articles of incorporation or with the laws of this state, for regulating and managing the affairs of the corporation;
(4) To purchase, receive, lease, or otherwise acquire, own, hold, improve, use, and otherwise deal with real or personal property or any legal or equitable interest in property, wherever located;
(5) To sell, convey, mortgage, pledge, lease, exchange, and otherwise dispose of all or any part of its property;
(6) To purchase, receive, subscribe for, or otherwise acquire, own, hold, vote, use, sell, mortgage, lend, pledge, or otherwise dispose of, and deal in and with shares or other interests in, or obligations of, any entity;
(7) To make contracts and guaranties, incur liabilities, borrow money, issue notes, bonds, and other obligations, and secure any of its obligations by mortgage or pledge of any of its property, franchises, or income;
(8) To lend money, invest and reinvest its funds, and receive and hold real and personal property as security for repayment, except as limited by Code Sections 14-3-860 through 14-3-864;
(9) To be a promoter, fiduciary, shareholder, partner, member, associate, or manager of any partnership, joint venture, trust, or other entity;
(10) To conduct its activities, locate offices, and exercise the powers granted by this chapter within or without this state;
(11) To elect or appoint directors, officers, delegates, employees, and agents of the corporation, define their duties, fix their compensation, and lend them money and credit;
(12) To pay pensions and establish pension plans, pension trusts, and other benefit and incentive plans for any or all of its current or former directors, officers, employ-
ees, and agents; (13) To make donations not inconsistent with law for the public welfare or for char-
itable, religious, scientific, or educational purposes and for other purposes that further
the corporate interest; (14) To impose dues, assessments, admission fees, and transfer fees upon its mem-
bers; (15) To provide insurance for its benefit on the life or physical or mental ability
of any of its directors, officers, or employees or any other person whose death or physical or mental disability might cause financial loss to the corporation; or, pursuant to
any contract obligating the corporation, as part of compensation arrangements, or pursuant to any contract obligating the corporation as guarantor or surety, on the life of the principal obligor, and for these purposes the corporation is deemed to have an
insurable interest in such persons; (16) To establish conditions for admission of members, admit members, and issue
memberships;
(17) To carry on a business; and
(18) To do all things necessary or convenient, not inconsistent with law, to further the activities and affairs of the corporation. 14-3-303. (a) In anticipation of or during an emergency defined in subsection (d) of
this Code section, the board of directors of a corporation may: (1) Modify lines of succession to accommodate the incapacity of any director, offi-
cer, employee, or agent; and (2) Relocate the principal office, designate alternative principal offices or regional
offices, or authorize the officers to do so.
(b) During an emergency defined in subsection (d) of this Code section, unless emergency bylaws provide otherwise:
(1) Notice of a meeting of the board of directors need be given only to those directors it is practicable to reach and may be given in any practicable manner, including by publication and radio; and
(2) One or more officers of the corporation present at a meeting of the board of directors may be deemed to be directors for the meeting, in order of rank and within
the same rank in order of seniority, as necessary to achieve a quorum.

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(c) Corporate action taken in good faith during an emergency under this Code section to further the ordinary affairs of the corporation:
(1) Binds the corporation; and (2) May not be used to impose liability on a corporate director, officer, employee, or agent. (d) An emergency exists for purposes of this Code section if a quorum of the corporation's directors cannot readily be assembled because of some catastrophic event. 14-3-304. (a) Except as provided in subsection (b) of this Code section, the validity of corporate action may not be challenged on the ground that the corporation lacks or lacked power to act. (b) A corporation's power to act may be challenged: (1) In a proceeding by a member against the corporation to enjoin the act; (2) In a proceeding by the corporation, directly, derivatively, or through a receiver, trustee, or other legal representative, against an incumbent or former director, officer, employee, or agent of the corporation; or (3) In a proceeding by the Attorney General under Code Section 14-2-1430. (c) In a member's proceeding under paragraph (1) of subsection (b) of this Code section to enjoin an unauthorized corporate act, the court may enjoin or set aside the act, if equitable and if all affected persons are parties to the proceeding, and may award damages for loss, other than anticipated profits, suffered by the corporation or another party because of enjoining the unauthorized act.
ARTICLE 4
14-3-401. (a) A corporate name: (1) Must contain the word 'corporation,' incorporated,' 'company,' or 'limited,' or
the abbreviation 'Corp.,' 'Inc.,' 'Co.,' or 'Ltd.,' or words or abbreviations of like import in a language other than English;
(2) May not contain language stating or implying that the corporation is organized for a purpose other than that permitted by its articles of incorporation and by Code Section 14-3-301;
(3) May not contain anything which, in the reasonable judgment of the Secretary of State, is obscene; and
(4) Shall not in any instance exceed 80 characters, including spaces and punctuation. (b) Except as authorized by subsections (c) and (d) of this Code section, a corporate name must be distinguishable upon the records of the Secretary of State from:
(1) The corporate name of an incorporated organization, whether for profit or not for profit, incorporated or authorized to transact business in this state;
(2) A corporate name reserved or registered under this chapter or Chapter 2 of this title;
(3) The fictitious name adopted by a foreign corporation authorized to transact business in this state because its real name is unavailable; and
(4) The name of a limited partnership or professional association reserved or filed with the Secretary of State under Chapter 9 of this title. (c) A corporation may apply to the Secretary of State for authorization to use a name that is not distinguishable upon his records from one or more of the names described in subsection (b) of this Code section. The Secretary of State shall authorize use of the name applied for if the other corporation consents to the use in writing and files with the Secretary of State articles of amendment to its articles of incorporation changing its name to a name that is distinguishable upon the records of the Secretary of State from the name of the applying corporation. (d) A corporation may use the name (including the fictitious name) of another domestic or foreign corporation that is used in this staje if the other corporation is incorporated or authorized to transact business in this state and:
(1) The proposed user corporation has merged with the other corporation; (2) The proposed user corporation has been formed by reorganization of the other corporation; or

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(3) The other domestic or foreign corporation has taken the steps required by this chapter to change its name to a name that is distinguishable upon the records of the Secretary of State from the name of the foreign corporation applying to use its former name. (e) This chapter does not control the use of fictitious or trade names. Issuance of a name under this chapter means that the name is distinguishable for filing purposes on the records of the Secretary of State pursuant to subsection (b) of this Code section. Issuance of a corporate name does not affect the commercial availability of the name. 14-3-402. (a) A person may apply to reserve the use of a corporate name, including a fictitious name for a foreign corporation whose corporate name is not available. If the Secretary of State finds that the corporate name applied for is available, he shall reserve the name for the applicant's use for a nonrenewable 90 day period. (b) The owner of a reserved corporate name may transfer the reservation to another person by delivering to the Secretary of State a signed notice of the transfer that states the name and address of the transferee. 14-3-403. (a) A foreign corporation may register its corporate name, or its corporate name with any change required by Code Section 14-3-1506, if the name does not in any instance exceed 80 characters, including spaces and punctuation, and is distinguishable upon the records of the Secretary of State from:
(1) The corporate name of a nonprofit or business corporation incorporated or authorized to do business in this state; and
(2) A corporate name reserved under Code Section 14-3-402 or Code Section 14-2-402 or registered under this Code section, or a limited partnership name reserved or filed under Chapter 9 of this title. (b) A foreign corporation registers its corporate name, or its corporate name with any change required by Code Section 14-3-1506, by delivering to the Secretary of State an application:
(1) Setting forth its corporate name, or its corporate name with any change required by Code Section 14-3-1506, the state or country and date of its incorporation, and a brief description of the nature of the activities in which it is engaged; and
(2) Accompanied by a certificate of existence (or a document of similar import) from the state or country of incorporation. (c) The name is registered for the applicant's exclusive use upon the effective date of the application. (d) A foreign corporation whose registration is effective may renew it for successive years by delivering to the Secretary of State for filing a renewal application which complies with the requirements of subsection (b) of this Code section in accordance with the filing requirements of the Secretary of State. The renewal application renews the registration for the following calendar year. (e) A foreign corporation whose registration is effective may thereafter qualify as a foreign corporation under that name or consent in writing to the use of that name by a corporation thereafter incorporated under this chapter or by another foreign corporation thereafter authorized to transact business in this state. The registration terminates when the domestic corporation is incorporated or the foreign corporation qualifies or consents to the qualification of another foreign corporation under the registered name.
ARTICLE 5 Part 1
14-3-501. Each corporation must continuously maintain in this state: (1) A registered office with the same address as that of the registered agent; and (2) A registered agent, who may be: (A) An individual who resides in this state and whose office is identical with the registered office; (B) A domestic business or nonprofit corporation formed under this chapter or under Chapter 2 of this title whose office is identical with the registered office; or (C) A foreign business or nonprofit corporation authorized to transact business in this state whose office is identical with the registered office.

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14-3-502. (a) A corporation may change its registered office or registered agent by delivering to the Secretary of State for filing an amendment to its annual registration that sets forth:
(1) The name of the corporation; (2) The street address of its current registered office; (3) If the current registered office is to be changed, the street address of the new registered office; (4) The name of its current registered agent; (5) If the current registered agent is to be changed, the name of the new registered agent; and (6) That after the change or changes are made, the street addresses of its registered office and the office of its registered agent will be identical, (b) If the street address of a registered agent's office is changed, the registered agent may change the street address of the registered office of any corporation for which the registered agent is the registered agent by notifying the corporation in writing of the change and by signing (either manually or in facsimile) and delivering to the Secretary of State for filing a statement that complies with the requirements of subsection (a) of this Code section and recites that the corporation has been notified of the change. 14-3-503. (a) A registered agent may resign his agency appointment by signing and delivering to the Secretary of State for filing a statement of resignation. The statement may include a statement that the registered office is also discontinued. (b) On or before the date of the filing of the statement of resignation, the registered agent shall deliver or mail a written notice of the agent's intention to resign to the chief executive officer, chief financial officer, secretary of the corporation, or a person holding a position comparable to any of the foregoing, as named and at the address shown in the annual registration, or in the articles of incorporation if no annual registration has been filed. (c) The agency appointment is terminated, and the registered office discontinued if so provided, on the earlier of the filing by the corporation of an amendment to its annual registration designating a new registered agent and registered office if also discontinued or the thirty-first day after the date on which the statement was filed. 14-3-504. (a) A corporation's registered agent is the corporation's agent for service of process, notice, or demand required or permitted by law to be served on the corporation. (b) If a corporation has no registered agent, or the agent cannot with reasonable diligence be served, the corporation may be served by registered or certified mail, return receipt requested, addressed to the secretary of the corporation at its principal office. Service is perfected under this subsection on the earliest of: (1) The date the corporation receives the mail; (2) The date shown on the return receipt, if signed on behalf of the corporation; or (3) Five days after its deposit in the United States mail, if mailed postage prepaid and correctly addressed. (c) This Code section does not prescribe the only means, or necessarily the required means, of serving a corporation.
Part 2
14-3-510. (a) Venue in proceedings against a corporation shall be determined in accordance with the pertinent constitutional and statutory provisions of this state in effect as of July 1, 1991, or thereafter.
(b) For the purpose of determining venue, each domestic corporation and each foreign corporation authorized to transact business in this state shall be deemed to reside:
(1) For purposes of proceedings generally, in the county where its registered office is maintained, or if the corporation fails to maintain a registered office, it shall be deemed to reside in the county in this state where its last named registered office or principal office, as shown by the records of the Secretary of State, was maintained;

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(2) For purposes of proceedings based on contracts, in that county in which the contract sought to be enforced was made or is to be performed, if it has an office and transacts business in that county, and may be sued;
(3) For purposes of proceedings for damages because of torts, wrong, or injury done, in the county where the cause of action originated, if the corporation has an office and transacts business in that county; and
(4) For purposes of garnishment proceedings, in the county in which is located the corporate office or place of business where the employee who is the defendant in the main action is employed. (c) Any residences established by this Code section shall be in addition to, and not in limitation of, any other residence that any domestic or foreign corporation may have by reason of other laws. (d) Whenever this chapter either requires or permits a proceeding to be brought in the county where the registered office of the corporation is maintained, if the proceeding is against a corporation having a principal office as required under a prior general corporation law, the action or proceeding may be brought in the county where the principal office is located.
ARTICLE 6 Part 1
14-3-601. (a) The articles or bylaws may establish criteria or procedures for admission of members.
(b) No person shall be admitted as a member without his consent. 14-3-602. Except as provided in its articles or bylaws, a corporation may admit members for no consideration or for such consideration as is determined by the board. 14-3-603. A corporation is not required to have members.
Part 2
14-3-610. Members as defined in paragraph (20) of Code Section 14-3-140 shall have no voting rights, other than to elect directors, except as specifically provided in the articles or bylaws. All members shall have the same rights and obligations with respect to any other matters, except as set forth in or authorized by the articles or bylaws. Except for the rights specified in Code Section 14-3-630, members of any corporation existing on July 1, 1991, shall be limited to having the same voting and other rights as before such date, until changed by amendment of its articles of incorporation or bylaws.
14-3-611. A member of a corporation is not, as such, personally liable for the acts, debts, liabilities, or obligations of the corporation.
14-3-612. A member may become liable to the corporation for dues, assessments, or fees; provided, however, that an article or bylaw provision or a resolution adopted by the board authorizing or imposing dues, assessments, or fees does not, of itself, create liability.
14-3-613. (a) No proceeding may be brought by a creditor to reach the liability, if any, of a member to the corporation unless final judgment has been rendered in favor of the creditor against the corporation and execution has been returned unsatisfied in whole or in part or unless such action would be useless.
(b) All creditors of the corporation, with or without reducing their claims to judgment, may intervene in any creditor's proceeding brought under subsection (a) of this Code section to reach and apply unpaid amounts due the corporation. Any or all members who owe amounts to the corporation may be joined in such proceeding.
Part 3
14-3-620. (a) Unless otherwise provided by law, a member may resign from membership at any time, although the articles or bylaws may require reasonable notice before the resignation is effective.
(b) This Code section shall not relieve the resigning member from any obligation for charges incurred, services or benefits actually rendered, dues, assessments, or fees, or

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arising from contract, a condition to ownership of land, an obligation arising out of ownership of land, or otherwise, and this Code section shall not diminish any right of the corporation to enforce any such obligation or obtain damages for its breach.
14-3-621. Unless otherwise expressly provided in a corporation's articles of incorporation or bylaws or, in the case of a corporation in existence before July 1, 1991, by resolution of the directors or members adopted before that date:
(1) No member of a corporation may be expelled or suspended, and no membership or memberships in such corporations may be terminated or suspended except pursuant to a procedure that is fair and reasonable and is carried out in good faith;
(2) A procedure is fair and reasonable when either: (A) The articles or bylaws set forth a procedure that provides: (i) Not less than 15 days' prior written notice of the expulsion, suspension, or termination and the reasons therefor; and (ii) An opportunity for the member to be heard, orally or in writing, not less than five days before the effective date of the expulsion, suspension, or termination by a person or persons authorized to decide that the proposed expulsion, termination, or suspension not take place; or (B) It is fair and reasonable taking into consideration all of the relevant facts
and circumstances; (3) Any written notice given by mail must be given by first-class or certified mail sent to the last address of the member shown on the corporation's records; (4) Any proceeding challenging an expulsion, suspension, or termination, including a proceeding in which defective notice is alleged, must be commenced within one year after the effective date of the expulsion, suspension, or termination; and (5) A member who has been expelled or suspended may be liable to the corporation for dues, assessments, or fees as a result of obligations incurred or commitments made prior to or during expulsion or suspension.
Part 4
14-3-630. (a) A corporation may provide in its articles or bylaws for delegates having some or all of the rights and authority of members.
(b) The articles or bylaws may set forth provisions relating to: (1) The characteristics, qualifications, rights, limitations, and obligations of dele-
gates, including their selection and removal; (2) Calling, noticing, holding, and conducting meetings of delegates; and (3) Carrying on corporate activities during and between meetings of delegates.
ARTICLE 7 Part 1
14-3-701. (a) A corporation with members shall hold a meeting of members annually at a time stated in or fixed in accordance with the bylaws.
(b) A corporation with members may hold regular meetings of members at the times stated in or fixed in accordance with the bylaws.
(c) Annual and regular meetings of members may be held in or out of this state at the place stated in or fixed in accordance with the bylaws. If no place is stated in or fixed in accordance with the bylaws, annual and regular meetings shall be held at the corporation's principal office or other suitable place.
(d) At the annual meeting: (1) The president and chief financial officer shall report on the activities and
financial condition of the corporation; and (2) The members shall consider and act upon such other matters as may be raised
consistent with the notice requirements of Code Sections 14-3-705 and 14-3-706. (e) At regular meetings the members shall consider and act upon such matters as may be raised consistent with the notice requirements of Code Sections 14-3-705 and 14-3-706. (f) The failure to hold an annual or regular meeting at a time stated in or fixed in accordance with a corporation's bylaws does not affect the validity of any corporate action.

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14-3-702. (a) A corporation with members shall hold a special meeting of members: (1) On call of its board or the person or persons authorized to do so by the articles
or bylaws; or (2) Except as otherwise provided in the articles or bylaws, if the holders of at least
5 percent of the voting power of any corporation sign, date, and deliver to any corporate officer one or more written demands for the meeting describing the purpose or purposes for which it is to be held. (b) If not otherwise fixed under Code Section 14-3-703 or Code Section 14-3-707, the record date for determining members entitled to demand a special meeting is the date the first member signs the demand. (c) If a notice for a special meeting demanded under paragraph (2) of subsection (a) of this Code section is not given pursuant to Code Section 14-3-705 within 30 days after the date the written demand or demands are delivered to a corporate officer, regardless of the requirements of subsection (d) of this Code section, a person signing the demand or demands may set the time and place of the meeting and give notice pursuant to Code Section 14-3-705. (d) Special meetings of members may be held in or out of this state at the place stated in or fixed in accordance with the bylaws. If no place is stated or fixed in accordance with the bylaws, special meetings shall be held at the corporation's principal office or other suitable place. (e) Only those matters that are within the purpose or purposes described in the meeting notice required by Code Section 14-3-705 may be conducted at a special meeting of members. 14-3-703. (a) The superior court may summarily order a meeting to be held:
(1) On application of any member or other person entitled to participate in an annual meeting, or, in the case of a corporation described in paragraph (2) of subsection (a) of Code Section 14-3-1302, the Attorney General, if an annual meeting was not held within the earlier of six months after the end of a fiscal year of the corporation or 15 months after its last annual meeting; or
(2) On application of any member or other person entitled to participate in a regular meeting, or, in the case of a corporation described in paragraph (2) of subsection (a) of Code Section 14-3-1302, the Attorney General, if a regular meeting is not held within 40 days after the date it was required to be held; or
(3) On application of a member who signed a demand for a special meeting valid under Code Section 14-3-702, a person or persons entitled to call a special meeting, or, in the case of a corporation described in paragraph (2) of subsection (a) of Code Section 14-3-1302, the Attorney General, if:
(A) Notice of the special meeting was not given within 30 days after the date the demand was delivered to a corporate officer; or
(B) The special meeting was not held in accordance with the notice.
(b) After notice to the corporation, the court may fix the time and place of the meeting, specify a record date for determining members entitled to notice of and to vote at the meeting, prescribe the form and content of the meeting notice, fix the quorum required for specific matters to be considered at the meeting (or direct that the votes represented at the meeting constitute a quorum for action on those matters) and enter other orders necessary to accomplish the purpose or purposes of the meeting.
(c) If the court orders a meeting, it may also order the corporation to pay the member's or other person's costs (including reasonable counsel fees) incurred to obtain the order.
14-3-704. (a) Unless limited or prohibited by the articles or bylaws, or unless this chapter requires a greater number of affirmative votes, action required or permitted by this chapter to be approved by the members may be approved without a meeting of members if the action is approved by members holding at least a majority of the voting power. The action must be evidenced by one or more written consents describing the action taken, signed by those members representing at least a majority of the voting power, and delivered to the corporation for inclusion in the minutes or filing with the corporate records.

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(b) If not otherwise determined under Code Section 14-3-703 or Code Section 14-3-707, the record date for determining members entitled to take action without a meeting is the date the first member signs the consent.
(c) A consent signed under this Code section has the effect of a meeting vote and may be described as such in any document.
(d) Written notice of member approval pursuant to this Code section shall be given to all members who have not signed the written consent. If written notice is required, member approval pursuant to this Code section shall be effective ten days after such written notice is given.
14-3-705. (a) A corporation shall give notice consistent with its bylaws of meetings of members in a fair and reasonable manner.
(b) Any notice that conforms to the requirements of subsection (c) of this Code section is fair and reasonable, but other means of giving notice may also be fair and reasonable when all the circumstances are considered; provided, however, that notice of matters referred to in paragraph (2) of subsection (c) of this Code section must be given as provided in subsection (c) of this Code section.
(c) Notice is fair and reasonable if: (1) The corporation notifies its members of the place, date, and time of each
annual, regular, and special meeting of members no fewer than ten days (or if notice is mailed by other than first-class or registered mail, 30 days) nor more than 60 days before the meeting date;
(2) Notice of an annual or regular meeting includes a description of any matter or matters that must be approved by the members under Code Section 14-3-855, 14-3-863, 14-3-1003, 14-3-1021, 14-3-1103, 14-3-1202, or 14-3-1402; and
(3) Notice of a special meeting includes a description of the matter or matters for which the meeting is called. (d) Unless the bylaws require otherwise, if an annual, regular, or special meeting of members is adjourned to a different date, time, or place, notice need not be given of the new date, time, or place, if the new date, time, or place is announced at the meeting before adjournment. If a new record date for the adjourned meeting is or must be fixed under Code Section 14-3-707, however, notice of the adjourned meeting must be given under this Code section to the members of record as of the new record date. (e) When giving notice of an annual, regular, or special meeting of members, a corporation shall give notice of a matter a member intends to raise at the meeting if:
(1) Requested in writing to do so by a person entitled to call a special meeting; and
(2) The request is received by the secretary or president of the corporation at least ten days before the corporation gives notice of the meeting. 14-3-706. (a) A member may waive any notice required by this chapter, the articles, or bylaws before or after the date and time stated in the notice. The waiver must be in writing, be signed by the member entitled to the notice, and be delivered to the corporation for inclusion in the minutes or filing with the corporate records.
(b) A member's attendance at a meeting:
(1) Waives objection to lack of notice or defective notice of the meeting, unless the member at the beginning of the meeting objects to holding the meeting or transacting business at the meeting; and
(2) Waives objection to consideration of a particular matter at the meeting that is not within the purpose or purposes described in the meeting notice, unless the member objects to considering the matter when it is presented.
14-3-707. (a) The bylaws may fix or provide the manner of fixing the record date to determine the members entitled to notice of a members' meeting, to demand a special meeting to vote, or to take any other action. If the bylaws do not fix or provide for fixing such a record date, the board may fix a future date as such a record date.
(b) A record date fixed under this Code section may not be more than 70 days before the meeting or action requiring a determination of members.
(c) A determination of members entitled to notice of or to vote at a membership meeting is effective for any adjournment of the meeting unless the board fixes a new

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record date, which it must do if the meeting is adjourned to a date more than 120 days after the date fixed for the original meeting.
(d) If a court orders a meeting adjourned to a date more than 120 days after the date fixed for the original meeting, it may provide that the original record date continues in effect or it may fix a new record date.
14-3-708. (a) Unless prohibited or limited by the articles or bylaws, any action that may be taken at any annual, regular, or special meeting of members may be taken without a meeting if the corporation delivers a written ballot to every member entitled to vote on the matter.
(b) A written ballot shall: (1) Set forth each proposed action; and (2) Provide an opportunity to vote for or against each proposed action.
(c) Approval by written ballot pursuant to this Code section shall be valid only when the number of votes cast by ballot equals or exceeds the quorum required to be present at a meeting authorizing the action, and the number of approvals equals or exceeds the number of votes that would be required to approve the matter at a meeting at which the total number of votes cast was the same as the number of votes cast by ballot.
(d) All solicitations for votes by written ballot shall: (1) Indicate the number of responses needed to meet the quorum requirements; (2) State the percentage of approvals necessary to approve each matter other than
election of directors; and (3) Specify the time by which a ballot must be received by the corporation in
order to be counted. (e) Except as otherwise provided in the articles or bylaws, a written ballot may not be revoked.
Part 2
14-3-720. (a) After fixing a record date for a meeting, a corporation shall prepare an alphabetical list of the names of all its members who are entitled to notice of the meeting. The list must show the address of and number of votes each member is entitled to vote at the meeting.
(b) The list of members must be available for inspection by any member for the purpose of communication with other members concerning the meeting, beginning two business days after notice is given of the meeting for which the list was prepared and continuing through the meeting, at the corporation's principal office or at a reasonable place identified in the meeting notice in the city where the meeting will be held. A member, a member's agent, or a member's attorney is entitled on written demand to inspect and, subject to the limitations of subsection (c) of Code Section 14-3-1602 and Code Section 14-3-1605, to copy the list, at a reasonable time and at the member's expense, during the period it is available for inspection.
(c) The corporation shall make the list of members available at the meeting, and any member, a member's agent, or member's attorney is entitled to inspect the list at any time during the meeting or any adjournment.
(d) If the corporation refuses to allow a member, a member's agent, or a member's attorney to inspect the list of members before or at the meeting (or copy the list as permitted by subsection (b) of this Code section), the superior court, on application of the member, may summarily order the inspection or copying at the corporation's expense and may postpone the meeting for which the list was prepared until the inspection or copying is complete.
(e) Refusal or failure to prepare or make available the members' list does not affect the validity of action taken at the meeting.
14-3-721. (a) Unless the articles or bylaws provide otherwise, each member is entitled to one vote on each matter voted on by the members.
(b) Unless the articles or bylaws provide otherwise, if a membership stands of record in the names of two or more persons, their acts with respect to voting shall have the following effect:
(1) If only one votes, such act binds all; and

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(2) If more than one votes, the vote shall be divided on a pro rata basis. 14-3-722. (a) Unless this chapter, the articles, or bylaws provide for a higher or lower quorum, 10 percent of the votes entitled to be cast on a matter must be represented at a meeting of members to constitute a quorum on that matter. (b) A bylaw amendment to decrease the quorum for any member action may be approved by the members or, unless prohibited by the bylaws, by the board. (c) A bylaw amendment to increase the quorum required for any member action must be approved by the members. (d) Unless 20 percent or more of the voting power is present in person or by proxy, the only matters that may be voted upon at an annual or regular meeting of members are those matters that are described in the meeting notice. 14-3-723. (a) Unless this chapter, the articles, or the bylaws require a greater vote or voting by class, if a quorum is present, the affirmative vote of a majority of the votes cast is the act of the members. (b) A bylaw amendment to increase or decrease the vote required for any member action must be approved by the members. 14-3-724. (a) Unless the articles or bylaws prohibit or limit proxy voting, a member may vote in person or by proxy. (b) A member may appoint a proxy to vote or otherwise act for the member by signing an appointment form either personally or by an attorney in fact. (c) An appointment of a proxy is effective when received by the secretary or other officer or agent authorized to tabulate votes. An appointment is valid for 11 months unless a different period is expressly provided in the appointment form. (d) An appointment of a proxy is revocable by the member. (e) The death or incapacity of the member appointing a proxy does not affect the right of the corporation to accept the proxy's authority unless notice of the death or incapacity is received by the secretary or other officer or agent authorized to tabulate votes before the proxy exercises authority under the appointment. (f) Appointment of a proxy is revoked by the person appointing the proxy:
(1) Attending any meeting and voting in person; or (2) Signing and delivering to the secretary or other officer or agent authorized to tabulate proxy votes either a writing stating that the appointment of the proxy is revoked or a subsequent appointment form. (g) Subject to Code Section 14-3-727 and any express limitation on the proxy's authority appearing on the face of the appointment form, a corporation is entitled to accept the proxy's vote or other action as that of the member making the appointment. 14-3-725. (a) Unless otherwise provided in the articles, directors are elected by a majority of the votes cast by the members entitled to vote in the election at a meeting at which a quorum is present.
(b) If the articles or bylaws provide for cumulative voting by members, members may so vote, by multiplying the number of votes the members are entitled to cast by the number of directors for whom they are entitled to vote, and cast the product for a single candidate or distribute the product among two or more candidates.
(c) Cumulative voting is not authorized at a particular meeting unless:
(1) The meeting notice or statement accompanying the notice states that cumulative voting will take place; or
(2) A member gives notice during the meeting and before the vote is taken of the member's intent to cumulate votes, and if one member gives this notice all other members participating in the election are entitled to cumulate their votes without giving further notice.
(d) A director elected by cumulative voting may be removed by the members without cause if the requirements of Code Section 14-3-808 are met, unless the votes cast against removal or not consenting in writing to such removal would be sufficient to elect such director if voted cumulatively at an election at which the same total number of votes were cast (or, if such action is taken by written ballot, all memberships entitled to vote were voted) and the entire number of directors authorized at the time of the director's most recent election were then being elected.

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(e) Members may not cumulatively vote if the directors and members are identical. 14-3-726. A corporation may provide in its articles or bylaws for election of directors by members or delegates:
(1) On the basis of chapter or other organizational unit; (2) By region or other geographic unit; (3) By preferential voting; or (4) By any other reasonable method. 14-3-727. (a) If the name signed on a vote, consent, waiver, or proxy appointment corresponds to the name of a member, the corporation if acting in good faith is entitled to accept the vote, consent, waiver, or proxy appointment and give it effect as the act of the member. (b) If the name signed on a vote, consent, waiver, or proxy appointment does not correspond to the record name of a member, the corporation if acting in good faith is nevertheless entitled to accept the vote, consent, waiver, or proxy appointment and give it effect as the act of the member if: (1) The member is an entity and the name signed purports to be that of an officer or agent of the entity; (2) The name signed purports to be that of an attorney in fact of the member and, if the corporation requests, evidence acceptable to the corporation of the signatory's authority to sign for the member has been presented with respect to the vote, consent, waiver, or proxy appointment; (3) Two or more persons hold the membership as cotenants or fiduciaries and the name signed purports to be the name of at least one of the coholders and the person signing appears to be acting on behalf of all the coholders; (4) The name signed purports to be that of an administrator, executor, guardian, or conservator representing the member and, if the corporation requests, evidence of fiduciary status acceptable to the corporation has been presented with respect to the vote, consent, waiver, or proxy appointment; or (5) The name signed purports to be that of a receiver or trustee in bankruptcy of the member, and, if the corporation requests, evidence of this status acceptable to the corporation has been presented with respect to the vote, consent, waiver, or proxy appointment. (c) The corporation is entitled to reject a vote, consent, waiver, or proxy appointment if the secretary or other officer or agent authorized to tabulate votes, acting in good faith, has reasonable basis for doubt about the validity of the signature on it or about the signatory's authority to sign for the member. (d) The corporation and its officer or agent who accept or reject a vote, consent, waiver, or proxy appointment in good faith and in accordance with the standards of this Code section are not liable in damages to the member for the consequences of the acceptance or rejection. (e) Corporate action based on the acceptance or rejection of a vote, consent, waiver, or proxy appointment under this Code section is valid unless a court of competent jurisdiction determines otherwise.
PartS
14-3-730. (a) Two or more members may provide for the manner in which they will vote by signing an agreement for that purpose. Such agreements may be valid for a period of up to 20 years. For corporations described in paragraph (2) of subsection (a) of Code Section 14-3-1302, such agreements must have a reasonable purpose not inconsistent with the corporation's public or charitable purposes.
(b) A voting agreement created under this Code section is specifically enforceable.
Part 4
14-3-740. As used in this part, the term: (1) 'Derivative proceeding' means a civil suit in the right of a domestic corporation
or, to the extent provided in Code Section 14-3-747, in the right of a foreign corporation.

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(2) 'Member' includes those who are members under Code Section 14-3-140, as well as any person who is entitled to some portion of the corporation's property upon dissolution, and any person or class of persons specifically designated in the corporation's bylaws or articles of incorporation as having standing to bring a derivative proceeding. 14-3-741. A derivative proceeding may be brought either by any director or by any member or members having 5 percent or more of the voting power or by 50 members, whichever is less. A director or members may not commence or maintain a derivative proceeding unless the director or members:
(1) Was a director or were members of the corporation at the time of the act or omission complained of (or became a member through transfer by operation of law from one who was a member at that time); or is a director or are members at the time the proceeding is commenced; and
(2) Fairly and adequately represents the interests of the corporation in enforcing the right of the corporation. 14-3-742. (a) No derivative proceeding may be commenced until:
(1) A written demand has been made upon the corporation to take suitable action; and
(2) Ninety days have expired from the date the demand was made unless the complainant has earlier been notified that the demand has been rejected by the corporation or unless irreparable injury to the corporation would result by waiting for the expiration of the 90 day period. (b) In the case of corporations described in subsection (a) of Code Section 14-3-1302, the complainant shall deliver a copy of the demand to the Attorney General within ten days of making the demand on the corporation.
14-3-743. If the corporation commences an inquiry into the allegations made in the demand or complaint, the court may stay any derivative proceeding for such period as the court deems appropriate.
14-3-744. (a) The court may dismiss a derivative proceeding if, on motion by the corporation, the court finds that one of the groups specified in subsection (b) of this Code section has made a determination in good faith after conducting a reasonable investigation upon which its conclusions are based that the maintenance of the derivative suit is not in the best interests of the corporation. The corporation shall have the burden of proving the independence and good faith of the group making the determination and the reasonableness of the investigation.
(b) The determination in subsection (a) of this Code section shall be made by: (1) A majority vote of independent directors present at a meeting of the board of
directors if the independent directors constitute a quorum;
(2) A majority vote of a committee consisting of two or more independent directors appointed by a majority vote of independent directors present at a meeting of the board of directors, whether or not such independent directors constitute a quorum; or
(3) A panel of one or more independent persons appointed by the court upon motion by the corporation. (c) None of the following shall by itself cause a director to be considered not independent for purposes of subsection (b) of this Code section:
(1) The nomination or election of the director by directors who are not independent;
(2) The naming of the director as a defendant in the derivative proceeding; or (3) The fact that the director approved the action being challenged in the derivative proceeding so long as the director did not receive a personal benefit as a result of the action.
14-3-745. A derivative proceeding may not be discontinued or settled without the court's approval. If the court determines that a proposed discontinuance or settlement
will substantially affect the interests of the corporation's members or a class of members, the court shall direct that notice be given to the members affected.
14-3-746. On termination of the derivative proceeding the court may:

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(1) Order the corporation to pay the plaintiffs reasonable expenses (including attorneys' fees) incurred in the proceeding if it finds that the proceeding has resulted in a substantial benefit to the corporation; or
(2) Order the plaintiff to pay any defendant's reasonable expenses (including attorneys' fees) incurred in defending the proceeding if it finds that the proceeding was commenced or maintained without reasonable cause or for an improper purpose. 14-3-747. In any derivative proceeding in the right of a foreign corporation, the matters covered by this part shall be governed by the laws of the jurisdiction of incorporation of the foreign corporation except for Code Sections 14-3-743 and 14-3-745 and paragraph (2) of Code Section 14-3-746.
ARTICLE 8 Part 1
14-3-801. (a) Each corporation must have a board of directors. (b) Except as provided in this chapter or subsection (c) of this Code section, 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. (c) No limitation upon the authority of the directors, whether contained in the articles of incorporation or bylaws, shall be effective against persons, other than members and directors, who are without actual knowledge of the limitation. (d) The articles may authorize a person or persons to exercise some or all of the powers which would otherwise be exercised by a board. To the extent so authorized any such person or persons shall have the duties and responsibilities of the directors, and the directors shall be relieved to that extent from such duties and responsibilities. 14-3-802. Directors shall be natural persons who are 18 years of age or older but need not be residents of this state nor members of the corporation unless the articles so require. The articles or bylaws may prescribe other qualifications for directors. 14-3-803. (a) A board of directors must consist of one or more natural persons, with the number specified in or fixed in accordance with the articles or bylaws. (b) The articles or bylaws may authorize the members of the board of directors to fix or change the number of directors or may establish a variable range for the size of the board of directors by fixing a minimum and maximum number of directors. If the variable range is established, the number of directors may be fixed or changed from time to time, within the minimum and maximum, by the members, or if the articles or bylaws so provide, by the board of directors. 14-3-804. (a) If the corporation has members, all the directors (except the initial directors) shall be elected at the first annual meeting of members, and at each annual meeting thereafter, unless the articles or bylaws provide some other time or method of election, or provide that some or all of the directors are appointed by some other person or designated. (b) If the corporation does not have members, all the directors (except the initial directors) shall be elected, appointed, or designated as provided in the articles or bylaws. If no method of designation or appointment is set forth in the articles or bylaws, the directors (other than the initial directors) shall be elected by the board. 14-3-805. (a) The terms of the initial directors of a corporation expire at the first meeting of members or directors for the election of directors or for such other period as may be specified in the articles of incorporation or bylaws. The articles or bylaws may specify the terms of directors. In the absence of any term specified in the articles or bylaws, the term of each director other than initial directors shall be one year. Directors may be elected for successive terms. (b) A decrease in the number of directors or term of office does not shorten an incumbent director's term. (c) A director elected to fill a vacancy shall be elected for the unexpired term of the director's predecessor in office. (d) Despite the expiration of a director's term, the director continues to serve until the director's successor is elected, designated, or appointed and qualifies, or until there is a decrease in the number of directors.

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14-3-806. The articles or bylaws may provide for staggering the terms of directors by dividing the total number of directors into groups. The terms of office of the several groups need not be uniform.
14-3-807. (a) A director may resign at any time by delivering written notice to the board of directors, its presiding officer, or to the president or secretary, or in such other manner as the articles or bylaws may provide.
(b) A resignation is effective when the notice is delivered unless the notice specifies a later effective date.
14-3-808. Unless the corporation's articles or bylaws provide otherwise: (1) The members may remove, with or without cause, one or more directors elected
by them; (2) If a director is elected by a class, chapter, or other organizational unit or by
region or other geographic grouping, the director may be removed only by the members of that class, chapter, unit, or grouping;
(3) Except as provided in paragraph (9) of this Code section, a director may be removed under paragraph (1) or (2) of this Code section only if the number of votes cast to remove the director would be sufficient to elect the director at a meeting to elect directors;
(4) If cumulative voting is authorized, a director may not be removed if the number of votes, or if the director was elected by a class, chapter, unit, or grouping of members, the director may not be removed if the number of votes of that class, chapter, unit, or grouping, sufficient to elect the director under cumulative voting is voted against the director's removal;
(5) A director elected by members may be removed by the members only at a meeting called for the purpose of removing the director and the meeting notice must state that the purpose, or one of the purposes, of the meeting is removal of the director;
(6) In computing whether a director is protected from removal under paragraphs (2) through (4) of this Code section, it should be assumed that the votes against removal are cast in an election for the number of directors of the class to which the director to be removed belonged on the date of that director's election;
(7) An entire board of directors may be removed under paragraphs (1) through (5) of this Code section;
(8) A director elected by the board may be removed with or without cause by the vote of two-thirds of the directors then in office; provided, however, that a director elected by the board to fill the vacancy of a director elected by the members may be removed without cause by the members, but not the board; and
(9) If, at the beginning of a director's term on the board, the articles or bylaws provide that the director may be removed for missing a specified number of board meetings, the board may remove the director for failing to attend the specified number of meetings. The director may be removed only if a majority of the directors then in office vote for the removal. 14-3-809. (a) A designated director may be removed by an amendment to the articles or bylaws deleting or changing the designation.
(b) Except as otherwise provided in the articles or bylaws:
(1) An appointed director may be removed without cause by the person appointing the director;
(2) The person removing the director shall do so by giving written notice of the removal to the director and either the presiding officer of the board or the corporation's president or secretary; and
(3) A removal is effective when the notice is effective unless the notice specifies a future effective date.
14-3-810. (a) The superior court may remove any director of the corporation from office in a proceeding commenced either by the corporation, its members holding at least 10 percent of the voting power of any class, or, in the case of a corporation described in paragraph (2) of subsection (a) of Code Section 14-3-1302, the Attorney General, if the court finds that:

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(1) The director engaged in fraudulent or dishonest conduct, or gross abuse of authority or discretion, with respect to the corporation, or a final judgment has been entered finding that the director has violated a duty set forth in Code Section 14-3-830 or 14-3-831, or the director has been subjected to sanction for participation in a 'director's conflicting interest transaction' as defined in paragraph (2) of Code Section 14-3-860; and
(2) Removal is in the best interest of the corporation.
(b) The court that removes a director may bar the director from serving on the board for a period prescribed by the court.
(c) If members or the Attorney General commence a proceeding under subsection (a) of this Code section, the corporation shall be made a party defendant.
14-3-811. (a) Unless the articles or bylaws provide otherwise, and except as provided in subsections (b) and (c) of this Code section, if a vacancy occurs on a board of directors, including a vacancy resulting from an increase in the number of directors:
(1) The members, if any, may fill the vacancy, if the vacant office was held by a director elected by a class, chapter, or other organizational unit or by region or other geographic grouping, only members of the class, chapter, unit, or grouping are entitled to vote to fill the vacancy if it is filled by the members;
(2) The board of directors may fill the vacancy; or (3) If the directors remaining in office constitute fewer than a quorum of the
board, they may fill the vacancy by the affirmative vote of a majority of all the direc-
tors remaining in office. (b) Unless the articles or bylaws provide otherwise, if a vacant office was held by an appointed director, only the person who appointed the director may fill the vacancy.
(c) If a vacant office was held by a designated director, the vacancy shall be filled as provided in the articles or bylaws. In the absence of an applicable article or bylaw
provision, the vacancy may not be filled by the board. (d) A vacancy that will occur at a specific later date (by reason of a resignation
effective at a later date under subsection (b) of Code Section 14-3-807 or otherwise) may be filled before the vacancy occurs but the new director may not take office until the
vacancy occurs. 14-3-812. Unless the articles or bylaws provide otherwise, a board of directors may
fix the compensation of directors.
14-3-813. (a) If the directors of a corporation are deadlocked in the management of the corporate affairs and the members are unable to break the deadlock and if injury
to the corporation is being suffered or is threatened by reason thereof, the superior court may, notwithstanding any provisions of the articles of incorporation or bylaws of the corporation to the contrary and whether or not an action is pending for an involuntary
dissolution of the corporation, appoint a provisional director pursuant to this Code section.
(b) Action for such appointment may be filed by one-half of the directors or by members holding not less than one-third of all the votes entitled to be cast in an election of directors. Notice of such action shall be served upon the directors, other than
those who have filed the action, and upon the corporation in the manner provided by law for service of a summons and complaint, and a hearing shall be held not less than
ten days after such service is effected. At such hearing all interested persons shall be given an opportunity to be heard.
(c) The provisional director shall be an impartial person who is neither a member nor a creditor of the corporation nor related by consanguinity or affinity within the
third degree, as computed according to the civil law, to any of the other directors of the corporation or to any judge of the court by which he is appointed. The provisional direc-
tor shall have all the rights and powers of a director and shall be entitled to notice of the meetings of the board of directors and to vote at such meetings until he is removed
by order of the court or by vote or written consent of a majority of the directors or of members holding a majority of the votes entitled to be cast in an election of directors.
He shall be entitled to receive such compensation as may be agreed upon between him and the corporation; and, in the absence of such agreement, he shall be entitled to such
compensation as shall be fixed by the court.

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Part 2
14-3-820. (a) A board of directors may hold regular or special meetings in or out of this state.
(b) Unless the articles or bylaws provide otherwise, a board may permit any or all directors to participate in a regular or special meeting by, or conduct the meeting through the use of, any means of communication by which all directors participating may simultaneously hear each other during the meeting. A director participating in a meeting by this means is deemed to be present in person at the meeting.
14-3-821. (a) Unless the articles or bylaws provide otherwise, action required or permitted by this chapter to be taken at a board of directors' meeting may be taken without a meeting if the action is taken in accordance with subsection (b) of this Code Section.
(b) Action taken without a meeting shall be taken by all members of the board, unless the articles or bylaws specifically permit such action to be taken by less than all, but not less than a majority of the board. The action must be evidenced by one or more written consents describing the action taken, signed by no fewer than the required number of directors, and delivered to the corporation for inclusion in the minutes for filing with the corporate records reflecting the action taken.
(c) Action taken under this Code section is effective when the last director signs the consent, unless the consent specifies a different effective date.
(d) A consent signed under this Code section has the effect of a meeting vote and may be described as such in any document.
14-3-822. (a) Unless the articles or bylaws provide otherwise, regular meetings of the board may be held without notice of the date, time, place, and purpose of the meet-
ing. (b) Unless the articles or bylaws provide otherwise, special meetings of the board
must be preceded by at least two days' notice to each director of the date, time, and place, but not the purpose, of the meeting.
14-3-823. (a) A director may waive any notice required by this chapter, the articles of incorporation, or bylaws before or after the date and time stated in the notice. Except as provided by subsection (b) of this Code section, the waiver must be in writing, signed by the director entitled to the notice, and delivered to the corporation for inclusion in the minutes or filing with the corporate records.
(b) A director's attendance at or participation in a meeting waives any required notice to him of the meeting unless the director at the beginning of the meeting (or promptly upon his arrival) objects to holding the meeting or transacting business at the meeting and does not thereafter vote for or assent to action taken at the meeting.
14-3-824. (a) Except as otherwise provided in this chapter, the articles, or the bylaws, a quorum of a board of directors consists of:
(1) A majority of the fixed number of directors if the corporation has a fixed board size; or
(2) A majority of the number of directors prescribed or, if no number is prescribed, the number in office immediately before the meeting begins, if the corporation has a variable-range size board. (b) The articles or bylaws may authorize a quorum of a board of directors to consist of no fewer than one-third of the fixed or prescribed number of directors determined under subsection (a) of this Code section. (c) If a quorum is present when a vote is taken, the affirmative vote of a majority of directors present is the act of the board of directors unless this chapter, the articles, or the bylaws require the vote of a greater number of directors. (d) A director who is present at a meeting of the board of directors or a committee of the board of directors when corporate action is taken is deemed to have assented to the action taken unless:
(1) The director objects at the beginning of the meeting (or promptly upon arrival) to holding it or transacting business at the meeting;
(2) The director's dissent or abstention from the action taken is entered in the minutes of the meeting; or

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(3) The director delivers written notice of the director's dissent or abstention to the presiding officer of the meeting before its adjournment or to the corporation immediately after adjournment of the meeting. The right of dissent or abstention is not available to a director who votes in favor of the action taken. 14-3-825. (a) Unless the articles or bylaws provide otherwise, a board of directors may create one or more committees of the board and appoint members of the board to serve on them. Each committee shall have one or more directors, who serve at the pleasure of the board. (b) If authorized by the articles or bylaws, the board or, if there are members entitled to elect directors, the members may appoint individuals who are not currently members of the board, but who formerly were members of the board of the corporation, as voting members of committees of the board. All provisions of this article applicable to directors shall apply equally to such individuals. (c) Code Sections 14-3-820 through 14-3-824, which govern meetings, action without meetings, notice and waiver of notice, and quorum and voting requirements of the board, apply to committees and their members as well. (d) To the extent specified by the board of directors or in the articles or bylaws, each committee of the board may exercise the board's authority under Code Section 14-3-801. (e) A committee may not, however:
(1) Authorize distributions; (2) Approve or recommend to members dissolution, merger, or the sale, pledge, or transfer of all or substantially all of the corporation's assets; (3) Elect, appoint, or remove directors or fill vacancies on the board or on any of its committees; or (4) Adopt, amend, or repeal the articles or bylaws. (f) The creation of, delegation of authority to, or action by a committee does not alone constitute compliance by a director with the standards of conduct described in Code Section 14-3-830.
Part3
14-3-830. Unless a different standard is prescribed by law: (1) A director shall discharge his or her duties as a director, including his or her
duties as a member of a committee: (A) In a manner the director believes in good faith to be in the best interests
of the corporation; and (B) With the care an ordinarily prudent person in a like position would exercise
under similar circumstances; (2) In discharging his or her duties, a director is entitled to rely on information, opinions, reports, or statements, including financial statements and other financial data, if prepared or presented by:
(A) One or more officers or employees of the corporation whom the director reasonably believes to be reliable and competent in the matters presented;
(B) Legal counsel, public accountants, or other persons as to matters the director reasonably believes are within the person's professional or expert competence;
(C) A committee of the board of which the director is not a member, as to matters within its jurisdiction, if the director reasonably believes the committee merits confidence; or
(D) Religious authorities, ministers, priests, rabbis, or other persons whose positions or duties in the corporation the director believes justify reliance and confidence and whom the director believes to be reliable and competent in the matters presented; (3) In the instances described in paragraph (2) of this Code section, a director is not entitled to rely if he has knowledge concerning the matter in question that makes reliance otherwise permitted by paragraph (2) of this Code section unwarranted;

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(4) A director is not liable to the corporation, any member, or any other person for any action taken or not taken as a director if the director acted in compliance with this Code section; and
(5) A director shall not be deemed to be a trustee with respect to the corporation or with respect to any property held or administered by the corporation, including, without limit, property that may be subject to restrictions imposed by the donor or transferor of such property. 14-3-831. (a) Unless a director complies with the applicable standards of conduct described in Code Section 14-3-830, a director who votes for or assents to a distribution made in violation of this chapter is personally liable to the corporation for the amount of the distribution that exceeds what could have been distributed without violating this chapter. (b) A director held liable for an unlawful distribution under subsection (a) of this Code section is entitled to contribution:
(1) From every other director who voted for or assented to the distribution without complying with the applicable standards of conduct described in Code Section 14-3-830; and
(2) From each person who received an unlawful distribution for the amount of the distribution whether or not the person receiving the distribution knew it was made in violation of this chapter.
Part 4
14-3-840. (a) A corporation has the officers described in its articles or bylaws or appointed by the board of directors in accordance with the articles or bylaws.
(b) A duly appointed officer may appoint one or more officers or assistant officers if authorized by the articles or bylaws or the board of directors.
(c) The articles, bylaws, or the board shall delegate to one of the officers responsibility for preparing minutes of the directors' and members' meetings and for authenticating records of the corporation.
(d) Unless otherwise provided in the articles or bylaws, the same individual may simultaneously hold more than one office in a corporation.
(e) The officers of a corporation may be designated by such titles as may be provided in the articles or the bylaws; and in such case any document required or permitted by any law of this state to be signed by the president, secretary, or any other named officer of a corporation may be signed by such officer as may be stated in such document to correspond to the officer so required or permitted to sign.
14-3-841. Each officer has the authority and shall perform the duties set forth in the articles or bylaws or, to the extent consistent with the articles or bylaws, the duties and authority prescribed by the board or by direction of an officer authorized by the board to prescribe the duties and authority of other officers.
14-3-842. Unless a different standard is prescribed by law: (1) An officer with discretionary authority shall discharge his duties under that
authority: (A) In a manner he believes in good faith to be in the best interests of the cor-
poration; and (B) With the care an ordinarily prudent person in a like position would exercise
under similar circumstances; (2) In discharging his duties an officer is entitled to rely on information, opinions, reports, or statements, including financial statements and other financial data, if prepared or presented by:
(A) One or more officers or employees of the corporation whom the officer reasonably believes to be reliable and competent in the matters presented; or
(B) Legal counsel, public accountants, or other persons as to matters the officer reasonably believes are within the person's professional or expert competence; (3) In the instances described in paragraph (2) of this Code section, an officer is not entitled to rely if he has knowledge concerning the matter in question that makes reliance otherwise permitted by paragraph (2) of this Code section unwarranted; and

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(4) An officer is not liable to the corporation, any member, or other person for any action taken or not taken as an officer, if the officer performed the duties of his office in compliance with this Code section. 14-3-843. (a) An officer may resign at any time by delivering notice to the corporation. A resignation is effective when the notice is effective unless the notice specifies a future effective date. If a resignation is made effective at a future date and the corporation accepts the future effective date, its board of directors may fill the pending vacancy before the effective date if the board provides that the successor does not take office until the effective date. (b) A board may remove any officer at any time with or without cause. (c) Unless otherwise provided in the articles or bylaws, any vacancies in the corporation's officers may be filled by the board. 14-3-844. (a) The appointment of an officer does not itself create contract rights. (b) An officer's removal does not affect the officer's contract rights, if any, with the corporation. An officer's resignation does not affect the corporation's contract rights, if any, with the officer. 14-3-845. Any contract or other instrument in writing executed or entered into between a corporation and any other person is not invalidated as to the corporation by any lack of authority of the signing officers in the absence of actual knowledge on the part of the other person that the signing officers had no authority to execute the contract or other instrument if it is signed by any two officers in category 1 below or by one officer in category 1 below and one officer in category 2 below. Categories shall be as follows:
(1) Category 1 shall consist of the presiding officer of the board and the president; and
(2) Category 2 shall consist of a vice president, the secretary, the treasurer, and the executive director. The absence of the signature of such persons from a document shall not itself impair the validity of the document or of any action taken in pursuance thereof or in reliance thereon. 14-3-846. (a) With respect to any contract, conveyance, or similar document executed by or on behalf of a domestic or foreign corporation, the presence of the corporate seal, or a facsimile thereof, attested by the secretary or assistant secretary of the corporation, or other officer to whom the bylaws or the directors have delegated the responsibility for authenticating records of the corporation, shall attest:
(1) That the corporate seal or facsimile thereof affixed to the document is in fact the seal of the corporation or a true facsimile thereof, as the case may be;
(2) That any officer of the corporation executing the document does in fact occupy the official position indicated, that one in such position is duly authorized to execute such document on behalf of the corporation, and that the signature of such officer subscribed thereto is genuine; and
(3) That the execution of the document on behalf of the corporation has been duly authorized. (b) When the seal of a corporation or the facsimile thereof is affixed to any document and is attested by the secretary or assistant secretary of a corporation, or other officer to whom the bylaws or the directors have delegated the responsibility for authenticating records of the corporation, a third party without knowledge or reason to know to the contrary may rely on such document as being what it purports to be. (c) The seal of the corporation may be affixed to any document executed by the corporation, but the absence of the seal shall not itself impair the validity of the document or of any action taken in pursuance thereof or in reliance thereon.
PartS
14-3-850. As used in this part, the term: (1) 'Corporation' includes any domestic or foreign predecessor entity of a corpora-
tion in a merger or other transaction in which the predecessor's existence ceased upon consummation of the transaction.

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(2) 'Director' means an individual who is or was a director of a corporation or an individual who, while a director of a corporation, is or was serving at the corporation's request as a director, officer, partner, trustee, employee, or agent of another foreign or domestic business or nonprofit corporation, partnership, joint venture, trust, employee benefit plan, or other enterprise. A director is considered to be serving an employee benefit plan at the corporation's request if the director's duties to the corporation also impose duties on, or otherwise involve services by, the director to the plan or to participants in or beneficiaries of the plan. 'Director' includes, unless the context requires otherwise, the estate or personal representative of a director.
(3) 'Expenses' include counsel fees.
(4) 'Liability' means the obligation to pay a judgment, settlement, penalty, fine (including an excise tax assessed with respect to an employee benefit plan), or reasonable expenses actually incurred with respect to a proceeding.
(5) 'Party' includes an individual who was, is, or is threatened to be made a named defendant or respondent in a proceeding.
(6) 'Proceeding' means any threatened, pending, or completed action, suit, or proceeding whether civil, criminal, administrative, or investigative and whether formal or
informal. 14-3-851. (a) Except as provided in subsection (d) or (e) of this Code section, a cor-
poration may indemnify or obligate itself to indemnify an individual made a party to a proceeding because the individual is or was a director against liability incurred in the proceeding if the individual acted in a manner he believed in good faith to be in or not
opposed to the best interests of the corporation and, in the case of any criminal proceeding, the individual had no reasonable cause to believe the individual conduct was unlaw-
ful. (b) A director's conduct with respect to an employee benefit plan for a purpose the
director believed in good faith to be in the interests of the participants in and beneficiaries of the plan is conduct that satisfies the requirements of subsection (a) of this Code
section. (c) The termination of a proceeding by judgment, order, settlement, or conviction or
upon a plea of nolo contendere or its equivalent is not, of itself, determinative that the director did not meet the standard of conduct described in this Code section.
(d) A corporation may not indemnify a director under this Code section: (1) In connection with a proceeding by or in the right of the corporation in which
the director was adjudged liable to the corporation; or
(2) In connection with any other proceeding in which the director was adjudged liable on the basis that personal benefit was improperly received by the director. (e) Indemnification permitted under this Code section in connection with a proceed-
ing by or in the right of the corporation is limited to reasonable expenses incurred in connection with the proceeding.
14-3-852. Unless limited by its articles of incorporation, to the extent that a director has been successful, on the merits or otherwise, in the defense of any proceeding to
which the director was a party, or in the defense of any claim, issue, or matter therein, because the director is or was a director of the corporation, the corporation shall indemnify the director against reasonable expenses incurred by the director in connection
therewith. 14-3-853. (a) A corporation may pay for or reimburse the reasonable expenses
incurred by a director who is a party to a proceeding in advance of final disposition of the proceeding if:
(1) The director furnishes the corporation a written affirmation of the director's good faith belief that the director has met the standard of conduct described in sub-
section (a) of Code Section 14-3-851; and (2) The director furnishes the corporation a written undertaking, executed person-
ally or on the director's behalf, to repay the advance if it is ultimately determined that the director is not entitled to indemnification under this part,
(b) The undertaking required by paragraph (2) of subsection (a) must be an unlimited general obligation of the director but need not be secured and may be accepted without reference to financial ability to make repayment.

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14-3-854. Unless a corporation's articles of incorporation provide otherwise, a director of the corporation who is a party to a proceeding may apply for indemnification or advances of expenses to the court conducting the proceeding or to another court of competent jurisdiction. On receipt of an application, the court, after giving any notice the court considers necessary, may order indemnification or advances for expenses in the amount it considers proper if it determines:
(1) The director is entitled to mandatory indemnification under Code Section 14-3-852, in which case the court shall also order the corporation to pay the director's reasonable expenses incurred to obtain court-ordered indemnification;
(2) The director is fairly and reasonably entitled to indemnification in view of all the relevant circumstances, whether or not the director met the standard of conduct set forth in subsection (a) of Code Section 14-3-851 or was adjudged liable as described in subsection (d) of Code Section 14-3-851, but if the director was adjudged so liable, indemnification is limited to reasonable expenses incurred, unless the articles or bylaws provide otherwise; or
(3) In the case of advances for expenses, the director is entitled, pursuant to the articles of incorporation, bylaws, or any applicable resolution or agreement to payment or reimbursement of the director's reasonable expenses incurred as a party to a proceeding in advance of final disposition of the proceeding. 14-3-855. (a) A corporation may not indemnify a director under Code Section 14-3-851 unless authorized thereunder and a determination has been made in the specific case that indemnification of the director is permissible in the circumstances because the director has met the standard of conduct set forth in subsection (a) of Code Section 14-3-851. (b) The determination shall be made:
(1) By the board of directors by majority vote of a quorum consisting of directors not at the time parties to the proceeding;
(2) If a quorum cannot be obtained under paragraph (1) of this subsection, by majority vote of a committee duly designated by the board of directors (in which designation directors who are parties may participate), consisting solely of two or more directors not at the time parties to the proceeding;
(3) By special legal counsel: (A) Selected by the board of directors or its committee in the manner prescribed
in paragraph (1) or (2) of this subsection; or (B) If a quorum of the board cannot be obtained under paragraph (1) of this
subsection and a committee cannot be designated under paragraph (2) of this subsection, selected by majority vote of the full board, in which selection directors who are parties may participate; or
(4) By the members, but directors who are at the time parties to the proceeding may not vote as members on the determination.
(c) Authorization of indemnification or an obligation to indemnify and evaluation as to reasonableness of expenses shall be made in the same manner as the determination that indemnification is permissible, except that if the determination is made by special legal counsel, authorization of indemnification and evaluation as to reasonableness of expenses shall be made by those entitled under paragraph (3) of subsection (b) of this Code section to select counsel.
14-3-856. Unless a corporation's articles of incorporation provide otherwise:
(1) An officer of the corporation who is not a director is entitled to mandatory indemnification under Code Section 14-3-852 and is entitled to apply for court-ordered indemnification under Code Section 14-3-854, in each case to the same extent as a director; and
(2) A corporation may also indemnify and advance expenses to an officer, employee, or agent who is not a director to the extent, consistent with public policy, that may be provided by its articles of incorporation, bylaws, general or specific action of its board of directors, or contract.
14-3-857. A corporation may purchase and maintain insurance on behalf of an individual who is or was a director, officer, employee, or agent of the corporation or who,

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while a director, officer, employee, or agent of the corporation, is or was serving at the request of the corporation as a director, officer, partner, trustee, employee, or agent of another foreign or domestic business or nonprofit corporation, partnership, joint venture, trust, employee benefit plan, or other enterprise against liability asserted against or incurred by the individual in that capacity or arising from the individual's status as a director, officer, employee, or agent, whether or not the corporation would have power to indemnify the individual against the same liability under Code Section 14-3-851 or 14-3-852.
14-3-858. (a) A provision treating a corporation's indemnification of or advance for expenses to directors that is contained in its articles of incorporation, bylaws, a resolution of its members or board of directors, or in a contract or otherwise is valid only if and to the extent the provision is consistent with this part. Any such provision existing on the date this part becomes effective shall be valid to the extent it does not provide for broader indemnification than is allowed under this part. If articles of incorporation limit indemnification or advance for expenses, indemnification and advance for expenses are valid only to the extent consistent with the articles.
(b) This part does not limit a corporation's power to pay or reimburse expenses incurred by a director in connection with appearing as a witness in a proceeding at a time when the director has not been made a named defendant or respondent to the proceeding.
(c) The provisions of this part may be incorporated by reference into a corporation's articles of incorporation, bylaws, or a resolution of its members or board of directors. In such case, any such provision shall subsequently be deemed amended to conform with any amendments to this part, unless such provision otherwise expressly provides.
Part 6
14-3-860. As used in this part, the term: (1) 'Conflicting interest' with respect to a corporation means the interest a director
of the corporation has respecting a transaction effected or proposed to be effected by the corporation (or by a subsidiary of the corporation or any other entity in which the corporation has a controlling interest) if:
(A) Whether or not the transaction is brought before the board of directors of the corporation for action, to the knowledge of the director at the time of commitment the director or a related person is a party to the transaction or has a beneficial financial interest in or so closely linked to the transaction and of such financial significance to the director or a related person that it would reasonably be expected to exert an influence on the director's judgment if the director were called upon to vote on the transaction; or
(B) The transaction is brought (or is of such character and significance to the corporation that it would in the normal course be brought) before the board of directors of the corporation for action, and to the knowledge of the director at the time of commitment any of the following persons is either a party to the transaction or has a beneficial financial interest so closely linked to the transaction and of such financial significance to that person that it would reasonably be expected to exert an influence on the director's judgment if the director were called upon to vote on the transaction: (i) an entity (other than the corporation) of which the director is a director, general partner, agent, or employee; (ii) a person that controls one or more of the entities specified in division (i) of this subparagraph or an entity that is controlled by, or is under common control with, one or more of the entities specified in division (i) of this subparagraph; or (iii) an individual who is a general partner, principal, or employer of the director. (2) 'Director's conflicting interest transaction' with respect to a corporation means a transaction effected or proposed to be effected by the corporation (or by a subsidiary of the corporation or any other entity in which the corporation has a controlling interest) respecting which a director of the corporation has a conflicting interest. (3) 'Related person' of a director means:

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(A) The spouse (or a parent or sibling thereof) of the director or a child, grandchild, sibling, parent (or spouse of any thereof), or an individual having the same home as the director, or a trust or estate of which an individual specified in this subparagraph is a substantial beneficiary; or
(B) A trust, estate, incompetent, conservatee, or minor of which the director is a fiduciary. (4) 'Required disclosure' means disclosure by the director who has a conflicting interest of (A) the existence and nature of the director's conflicting interest, and (B) all facts known to the director respecting the subject matter of the transaction that an ordinarily prudent person would reasonably believe to be material to a judgment as to whether or not to proceed with the transaction. (5) 'Time of commitment' respecting a transaction means the time when the transaction is consummated or, if made pursuant to contract, the time when the corporation (or its subsidiary or the entity in which it has a controlling interest) becomes contractually obligated so that its unilateral withdrawal from the transaction would entail significant loss, liability, or other damage. 14-3-861. (a) A transaction effected or proposed to be effected by a corporation (or
by a subsidiary of the corporation or by any other entity in which the corporation has a controlling interest) that is not a director's conflicting interest transaction may not be
enjoined, set aside, or give rise to an award of damages or other sanctions, in an action under the laws of this state by a member or by or in the right of the corporation or any other person who otherwise has standing, on the ground of an interest in the trans-
action of a director or any person with whom or which he has a personal, economic, or
other association. (b) A director's conflicting interest transaction may not be enjoined, set aside, or give
rise to an award of damages or other sanctions, in an action under the laws of this state by a member or by or in the right of the corporation or any other person who otherwise
has standing, on the ground of an interest in the transaction of the director or any person with whom or which he has a personal, economic, or other association, if:
(1) Directors' action respecting the transaction was at any time taken in compliance with Code Section 14-3-862;
(2) Members' action respecting the transaction was at any time taken in compli-
ance with Code Section 14-3-863;
(3) Action by the superior court respecting the transaction was at any time taken in compliance with Code Section 14-3-864; or
(4) The transaction, judged in the circumstances at the time of commitment, is established to have been fair to the corporation. 14-3-862. (a) Directors' action respecting a transaction is effective for purposes of
paragraph (1) of subsection (b) of Code Section 14-3-861 if the transaction received the affirmative vote of a majority (but not less than two) of those qualified directors on the
board of directors or on a duly empowered committee thereof who voted on the transaction after either required disclosure to them (to the extent the information was not known by them) or compliance with subsection (b) of this Code section.
(b) If a director has a conflicting interest respecting a transaction, but neither he nor a related person of the director specified in subparagraph (A) of paragraph (3) of Code
Section 14-3-860 is a party thereto, and if the director has a duty under law or professional canon, or a duty of confidentiality to another person, respecting information relat-
ing to the transaction such that the director cannot, consistent with that duty, make the disclosure contemplated by subparagraph (B) of paragraph (4) of Code Section 14-3-860,
then disclosure is sufficient for purposes of subsection (a) of this Code section if the director:
(1) Discloses to the directors voting on the transaction the existence and nature of his conflicting interest and informs them of the character of and limitations imposed
by that duty prior to their vote on the transaction; and (2) Plays no part, directly or indirectly, in their deliberations or vote.
(c) A majority (but not less than two) of all the qualified directors on the board of directors, or on the committee, constitutes a quorum for purposes of action that com-
plies with this Code section. Directors' action that otherwise complies with this Code

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section is not affected by the presence or vote of a director who is not a qualified director.
(d) For purposes of this Code section, 'qualified director' means, with respect to a director's conflicting interest transaction, any director who does not have either (1) a conflicting interest respecting the transaction or (2) a familial, financial, professional, or employment relationship with a second director who does have a conflicting interest respecting the transaction, which relationship would, in the circumstances, reasonably be expected to exert an influence on the first director's judgment when voting on the transaction.
14-3-863. (a) Members' action respecting a transaction is effective for purposes of paragraph (2) of subsection (b) of Code Section 14-3-861 if a majority of the votes entitled to be cast by all qualified members were cast in favor of the transaction after (1) notice to members describing the director's conflicting interest transaction, (2) provision of the information referred to in subsection (d) of this Code section, and (3) required disclosure to the members who voted on the transaction (to the extent the information
was not known by them). (b) For purposes of this Code section, 'qualified members' means any members enti-
tled to vote with respect to a director's conflicting interest transaction except the director and members that, to the knowledge, before the vote, of the secretary (or other
officer or agent of the corporation authorized to tabulate votes) are a related person of the director.
(c) A majority of the votes entitled to be cast by all qualified members constitutes
a quorum for purposes of action that complies with this Code section. Subject to the provisions of subsection (d) of this Code section, members' action that otherwise com-
plies with this Code section is not affected by the presence of, or the voting by, members that are not qualified members.
(d) For purposes of compliance with subsection (a) of this Code section, a director
who has a conflicting interest respecting the transaction shall, before the members' vote, inform the secretary (or other officer or agent of the corporation authorized to tabulate votes) of the identity of all members that to the knowledge of the director are related
persons of the director. (e) If a members' vote does not comply with subsection (a) of this Code section
solely because of a failure of a director to comply with subsection (d) of this Code section, and if the director establishes that this failure did not determine and was not
intended by him to influence the outcome of the vote, the court may, with or without further proceedings respecting paragraph (3) of subsection (b) of Code Section 14-3-861, take such action respecting the transaction and the director, and give such effect, if any,
to the members' vote, as it considers appropriate in the circumstances. 14-3-864. In a case involving a corporation described in paragraph (2) of subsection
(a) of Code Section 14-3-1302, a transaction that was not the subject of either directors' action under Code Section 14-3-862 or members' action under Code Section 14-3-863 is
effective for purposes of paragraph (3) subsection (b) of Code Section 14-3-861 if the
transaction is approved by the superior court, in an action in which the Attorney General is joined as a party.
14-3-865. (a) As used in this Code section, the term: (1) 'Officer' means a person who is not a director and who is holding an office
described in the bylaws of the corporation or appointed by the board of directors in accordance with the bylaws of the corporation.
(2) 'Officer's conflicting interest transaction' means any transaction, other than a
director's conflicting interest transaction as defined in paragraph (2) of Code Section 14-3-860, between a corporation (or a subsidiary of the corporation or any other entity
in which the corporation has a controlling interest) and one or more of its officers or between a corporation and a related person of an officer.
(3) 'Related person' of an officer shall have the same meaning with respect to an officer that this term has with respect to a director in paragraph (3) of Code Section 14-3-860.
(4) 'Required disclosure' with respect to an officer shall have the same meaning as this term has with respect to a director in paragraph (4) of Code Section 14-3-860.

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(5) 'Time of commitment" shall have the same meaning as in paragraph (5) of Code Section 14-3-860. (b) No officer's conflicting interest transaction shall be void or voidable solely because the officer is present at or participates in the meeting of the board of directors or committee thereof which authorizes the contract or transaction. (c) An officer's conflicting interest transaction may not be enjoined, set aside, or give rise to an award of damages or other sanctions, in an action by a member or by or in the right of the corporation, on the ground of an interest in the transaction of the officer or any person with whom or which he has a personal, economic, or other association, if:
(1) The transaction was approved by the board of directors after required disclosure;
(2) The transaction was approved by the members after required disclosure; (3) The action was approved by the superior court in an action to which the Attorney General was a party; or (4) The transaction, judged in the circumstances at the time of commitment, is established to have been fair to the corporation.
ARTICLE 9 RESERVED
ARTICLE 10 Part 1
14-3-1001. A corporation may amend its articles of incorporation at any time to add or change a provision that is required or permitted in the articles or to delete a provision not required in the articles. Whether a provision is required or permitted in the articles is determined as of the effective date of the amendment.
14-3-1002. If a corporation has no members or no members entitled to vote thereon, its incorporators until directors have been chosen and thereafter its board of directors may adopt one or more amendments to the corporation's articles subject to any approval required pursuant to Code Sections 14-3-1030 and 14-3-1041.
14-3-1003. If the articles or bylaws require a vote of the members: (1) Unless the articles provide otherwise, a corporation's board of directors may
adopt one or more of the following amendments to the corporation's articles without member action:
(A) To extend the duration of the corporation if it was incorporated at a time when limited duration was required by law;
(B) To delete the names and addresses of the initial directors; (C) To delete the name and address of the initial registered agent or registered office, if an annual registration is on file with the Secretary of State; (D) To change the corporate name; or (E) To make any other change expressly permitted by this chapter to be made without member action; (2) If there are members required to vote thereon, to adopt an amendment to a corporation's articles: (A) The board of directors must recommend the amendment to the members unless the board of directors elects, because of a conflict of interest or other special circumstances, to make no recommendation and communicates the basis for its election to the members with the amendment; (B) Unless this chapter, the articles, the bylaws, the members (acting pursuant to paragraph (3) of this Code section), or the board of directors (acting pursuant to paragraph (4) of this Code section) require a greater vote or voting by class, the members entitled to vote on the amendment must approve the amendment by twothirds of the votes cast or a majority of the voting power, whichever is less; and (C) Any person or persons whose approval is required by a provision of the articles or bylaws authorized by Code Section 14-3-1030 or 14-3-1041 must approve the amendment in writing;

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(3) The members may condition the amendment's adoption on any basis; (4) The board may condition its submission of the proposed amendment on any basis; (5) The corporation shall give notice to its members of the proposed membership meeting in writing in accordance with Code Section 14-3-705. The notice must state that the purpose, or one of the purposes, of the meeting is to consider the proposed amendment and contain or be accompanied by a copy or summary of the amendment; and (6) If the amendment is submitted to the members for approval by written consent or written ballot, the material soliciting the approval shall contain or be accompanied by a copy or summary of the amendment. 14-3-1004. If the articles or bylaws provide for voting by classes of members, then unless the articles or bylaws provide otherwise: (1) The members of a class are entitled to vote as a class on a proposed amendment to the articles if the amendment would change the rights of that class as to voting in a different manner than such amendment would affect another class or members of another class; (2) If a class is to be divided into two or more classes as a result of an amendment to the articles, the amendment must be approved by the members of each class that would be created by the amendment; and (3) If a class vote is required to approve an amendment to the articles, the amendment must be approved by the members of the class by two-thirds of the votes cast by the class or a majority of the voting power of the class, whichever is less. 14-3-1005. A corporation amending its articles shall deliver to the Secretary of State for filing articles of amendment setting forth: (1) The name of the corporation; (2) The text of each amendment adopted; (3) The date of each amendment's adoption; (4) If approval of members was not required, a statement to that effect and a statement that the amendment was approved by a sufficient vote of the board of directors or incorporators; (5) If approval by members was required, a statement that the amendment was duly approved by the members in accordance with the provisions of Code Section 14-3-1003; and (6) If approval of the amendment by some person or persons other than the members, the board, or the incorporators is required pursuant to Code Section 14-3-1030 or 14-3-1041, a statement that the approval was obtained. 14-3-1005.1. (a) Together with any articles of amendment which change the name of the corporation, the corporation shall deliver to the Secretary of State a certificate executed by an officer or director of such corporation, or any person undertaking such request on behalf of the corporation, verifying that the request for publication of a notice of intent to file articles of amendment to change the name of the corporation and payment therefor have been made as required by subsection (b) of this Code section. (b) Prior to filing any articles of amendment which change the name of the corporation, the corporation shall mail or deliver to the publisher of a newspaper which is the official organ of the county where the registered office of the corporation is located or which is the newspaper of general circulation published within such county whose most recently published annual statement of ownership and circulation reflects a minimum of 60 percent paid circulation a request to publish a notice in substantially the following form:
'NOTICE OF CHANGE OF CORPORATE NAME
'Notice is given that articles of amendment which will change the name of ___________________________ (present corporate name) to ___________________________ (proposed corporate name) will be delivered to the Secretary of State for filing in accordance with the Georgia Nonprofit Corporation Code. The registered office of the corporation is located at __________________________ (address of registered office).'

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The request for publication of the notice shall be accompanied by a check, draft, or money order in the amount of $40.00 in payment for the cost of publication. The notice shall be published once a week for two consecutive weeks commencing within ten days after receipt of the notice by the newspaper. Failure on the part of the corporation to mail or deliver the notice or payment therefor or failure on the part of the newspaper to publish the notice in compliance with this subsection shall not invalidate the articles of amendment or the change of the name of the corporation.
14-3-1006. (a) A corporation's board of directors may restate its articles of incorporation at any time with or without approval by members or any other person.
(b) The restatement may include one or more amendments to the articles. If the restatement includes an amendment requiring approval by the members or any other person, it must be adopted as provided in Code Section 14-3-1003, 14-3-1030, or 14-3-1041.
(c) If the board seeks to have the restatement approved by the members at a membership meeting, the corporation shall notify each of its members of the proposed membership meeting in writing in accordance with Code Section 14-3-705. The notice must also state that the purpose, or one of the purposes, of the meeting is to consider the proposed restatement and contain or be accompanied by a copy or summary of the restatement that identifies any amendments or other change it would make in the articles.
(d) If the board seeks to have the restatement approved by the members by written consent or written ballot, the material soliciting the approval shall contain or be accompanied by a copy or summary of the restatement that identifies any amendments or other change it would make in the articles.
(e) A corporation restating its articles shall deliver to the Secretary of State for filing articles of restatement setting forth the name of the corporation and the text of the restated articles of incorporation together with a certificate setting forth:
(1) Whether the restatement contains an amendment to the articles requiring approval by the members or any other person other than the board of directors and, if it does not, that the board of directors adopted the restatement; or
(2) If the restatement contains an amendment to the articles requiring approval by the members, the information required by Code Section 14-3-1005; and
(3) If the restatement contains an amendment to the articles requiring approval by a person whose approval is required pursuant to Code Sections 14-3-1030 and 14-3-1041, a statement that such approval was obtained. (f) Duly adopted restated articles of incorporation supersede the original articles of incorporation and all amendments to them. (g) The Secretary of State may certify restated articles of incorporation, as the articles of incorporation currently in effect, without including the certificate information required by subsection (e) of this Code section. 14-3-1007. (a) A corporation's articles may be amended without board approval or approval by the members or approval required pursuant to Code Section 14-3-1030 or 14-3-1041 to carry out a plan of reorganization ordered or decreed by a court of competent jurisdiction under federal statute if the articles after amendment contain only provisions required or permitted by Code Section 14-3-202. (b) The individual or individuals designated by the court shall deliver to the Secretary of State articles of amendment setting forth:
(1) The name of the corporation;
(2) The text of each amendment approved by the court;
(3) The date of the court's order or decree approving the articles of amendment;
(4) The title of the reorganization proceeding in which the order or decree was entered; and
(5) A statement that the court had jurisdiction of the proceeding under federal statute.
(c) This Code section does not apply after entry of a final decree in the reorganization proceeding even though the court retains jurisdiction of the proceeding for limited purposes unrelated to consummation of the reorganization plan.

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14-3-1008. An amendment to the articles of incorporation does not affect a cause of action existing against or in favor of the corporation, a proceeding to which the corporation is a party, any requirement or limitation imposed upon the corporation or any property held by it by virtue of any trust upon which such property is held by the corporation, or the existing rights of persons other than members of the corporation. An amendment changing a corporation's name does not abate a proceeding brought by or against the corporation in its former name.
Part 2
14-3-1020. If a corporation has no members or no members entitled to vote thereon, its incorporators until the organizational meeting of directors and thereafter its board of directors may adopt one or more amendments to the corporation's bylaws subject to any approval required pursuant to Code Sections 14-3-1030 and 14-3-1041.
14-3-1021. (a) To adopt an amendment to a corporation's bylaws if there are members required to vote thereon:
(1) The board of directors must recommend the amendment to the members unless the board of directors elects, because of a conflict of interest or other special circumstances, to make no recommendation and communicates the basis for its election to the members with the amendment;
(2) Unless this chapter, the articles, the bylaws, the members (acting pursuant to subsection (b) of this Code section), or the board of directors (acting pursuant to subsection (c) of this Code section) require a greater vote or voting by class, the members entitled to vote on the amendment must approve the amendment by two-thirds of the votes cast or a majority of the voting power, whichever is less; and
(3) Any person or persons whose approval is required by a provision of the articles or bylaws authorized by Code Section 14-3-1030 or 14-3-1041 must approve the amendment in writing. (b) The members may condition the amendment's adoption on any basis. (c) The board may condition its submission of the proposed amendment on any basis. (d) The corporation shall give notice to its members of the proposed membership meeting in writing in accordance with Code Section 14-3-705. The notice must also state that the purpose, or one of the purposes, of the meeting is to consider the proposed amendment and contain or be accompanied by a copy or summary of the amendment. (e) If the amendment is submitted to the members for approval by written consent or written ballot, the material soliciting the approval shall contain or be accompanied by a copy or summary of the amendment. 14-3-1022. If the articles or bylaws provide for voting by classes of members, then unless the articles or bylaws provide otherwise:
(1) The members of a class are entitled to vote as a class on a proposed amendment to the bylaws if the amendment would change the rights of that class as to voting in a different manner than such amendment would affect another class or members of another class.
(2) If a class is to be divided into two or more classes as a result of an amendment to the bylaws, the amendment must be approved by the members of each class that would be created by the amendment; and
(3) If a class vote is required to approve an amendment to the bylaws, the amendment must be approved by the members of the class by two-thirds of the votes cast by the class or a majority of the voting power of the class, whichever is less.
Part3
14-3-1030. The articles or the bylaws may require an amendment to the articles or bylaws to be approved in writing by a specified person or persons other than the board. Such an article or bylaw provision may only be amended with the approval in writing of such person or persons.

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Part 4
14-3-1040. A corporation organized under this chapter may amend its articles of incorporation to provide that the corporation shall operate as a for profit business corporation.
14-3-1041. (a) A corporation described in paragraph (2) of subsection (a) of Code Section 14-3-1302 may amend its articles of incorporation as provided in Code Section 14-3-1040 only:
(1) Upon the prior approval of the superior court in a proceeding in which the Attorney General has been given notice; or
(2) If on or before the effective date of the amendment: (A) Assets with a value equal to the greater of the fair market value of the net
tangible and intangible assets (including goodwill) of the corporation, or the fair market value of the corporation if it were to be operated as a business concern, are transferred or conveyed to one or more persons who would have received its assets under subsection (b) of Code Section 14-3-1403 had it dissolved;
(B) It shall return, transfer, or convey any assets held by it upon condition requiring return, transfer, or conveyance, which condition occurs by reason of the amendment, in accordance with such condition; and
(C) The amendment is approved by a majority of the directors of the corporation who are not and will not become shareholders in, or officers, employees, agents, or consultants of the corporation following the effective date of the amendment. (b) At least 30 days before the filing of any amendment described in Code Section 14-3-1040 by a corporation described in subsection (a) of this Code section, notice of the proposed amendment shall be delivered to the Attorney General. (c) Without the prior written consent of the superior court in a proceeding of which the Attorney General has been given notice, no member of a corporation described in subsection (a) of this Code section may receive or keep anything as a result of an amendment described in Code Section 14-3-1040. The court shall approve the transaction if it is in the public interest. 14-3-1042. From and after the effective date of any amendment described in Code Section 14-3-1040, the corporation shall be subject to and governed by the provisions of Chapter 2 of this title, the 'Georgia Business Corporation Code.'
ARTICLE 11
14-3-1101. (a) Subject to the limitations set forth in Code Section 14-3-1102, one or more nonprofit corporations may merge into a business or nonprofit corporation if the plan of merger is approved as provided in Code Section 14-3-1103.
(b) The plan of merger must set forth: (1) The name of each corporation planning to merge and the name of the surviving
corporation into which each plans to merge; (2) The terms and conditions of the planned merger; and (3) The manner and basis, if any, of converting the memberships of each corpora-
tion into memberships of the surviving corporation. (c) The plan of merger may set forth:
(1) Any amendments to the articles of incorporation or bylaws of the surviving corporation to be effected by the planned merger; and
(2) Other provisions relating to the planned merger. 14-3-1102. (a) Without the prior approval of the superior court in a proceeding of which the Attorney General has been given written notice, a corporation described in paragraph (2) of subsection (a) of Code Section 14-3-1302 may merge with a domestic or foreign corporation or business corporation, provided that:
(1) The corporation which is the surviving corporation is a corporation described in paragraph (2) of subsection (a) in Code Section 14-3-1302 after the merger; or
(2) (A) On or prior to the effective date of the merger, assets with a value equal to the greater of the fair market value of the net tangible and intangible assets (including good will) of the corporation or the fair market value of the corporation

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if it were to be operated as a business concern are transferred or conveyed to one or more persons who would have received its assets under subsection (b) of Code Section 14-3-1403 had it dissolved;
(B) It shall return, transfer, or convey any assets held by it upon condition requiring return, transfer, or conveyance, which condition occurs by reason of the merger, in accordance with such condition; and
(C) The merger is approved by a majority of directors of the corporation who are not and will not become members or shareholders in or officers, employees, agents, or consultants of the surviving corporation. (b) At least 30 days before consummation of any merger of a corporation pursuant to paragraph (2) of subsection (a) of this Code section, notice, including a copy of the proposed plan of merger, must be delivered to the Attorney General. (c) Without the prior approval of the superior court in a proceeding in which the Attorney General has been given notice, no member of a corporation described in paragraph (2) of subsection (a) of Code Section 14-3-1302 may receive or keep anything as a result of a merger other than membership in the surviving corporation. The court shall approve the transaction if it is in the public interest. 14-3-1103. (a) Unless this chapter, the articles, the bylaws, or the board of directors or members (acting pursuant to subsection (c) of this Code section) require a greater vote or voting by class, a plan of merger to be adopted must be approved: (1) By the board; (2) By the members, if any, by two-thirds of the votes cast or a majority of the voting power, whichever is less; and
(3) In writing by any person or persons whose approval is required by a provision of the articles authorized by Code Section 14-3-1030 for an amendment to the articles or bylaws.
(b) If the corporation does not have members, the merger must be approved by a majority of the directors in office at the time the merger is approved. In addition, the corporation shall provide notice of any directors' meeting at which such approval is to be obtained in accordance with subsection (b) of Code Section 14-3-822. The notice must also state that the purpose, or one of the purposes, of the meeting is to consider the proposed merger.
(c) The board may condition its submission of the proposed merger, and the members may condition their approval of the merger, on receipt of a higher percentage of affirmative votes or on any other basis.
(d) If the board seeks to have the plan approved by the members at a membership meeting, the corporation shall give notice to its members of the proposed membership meeting in accordance with Code Section 14-3-705. The notice must also state that the purpose, or one of the purposes, of the meeting is to consider the plan of merger and contain or be accompanied by a copy or summary of the plan. The copy or summary of the plan for members of the surviving corporation shall include any provision that, if contained in a proposed amendment to the articles of incorporation or bylaws, would entitle members to vote on the provision. The copy or summary of the plan for members of the disappearing corporation shall include a copy or summary of the articles and bylaws that will be in effect immediately after the merger takes effect.
(e) If the board seeks to have the plan approved by the members by written consent or written ballot, the material soliciting the approval shall contain or be accompanied by a copy or summary of the plan. The copy or summary of the plan for members of the surviving corporation shall include any provision that, if contained in a proposed amendment to the articles of incorporation or bylaws, would entitle members to vote on the provision. The copy or summary of the plan for members of the disappearing corporation shall include a copy or summary of the articles and bylaws that will be in effect immediately after the merger takes effect.
(f) Voting by a class of members is required on a plan of merger if the plan contains a provision that, if contained in a proposed amendment to articles of incorporation or bylaws, would entitle the class of members to vote as a class on the proposed amendment under Code Section 14-3-1004 or 14-3-1022. The plan is approved by a class of

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members by two-thirds of the votes cast by the class or a majority of the voting power of the class, whichever is less.
(g) After a merger is adopted, and at any time before articles of merger are filed, the planned merger may be abandoned (subject to any contractual rights) without further action by members or other persons who approved the plan in accordance with the procedure set forth in the plan of merger or, if none is set forth, in the manner determined by the board of directors.
14-3-1104. (a) After a plan of merger is approved by the board of directors, and, if required by Code Section 14-3-1103, by the members and any other persons, the surviving or acquiring corporation shall deliver to the Secretary of State articles of merger setting forth:
(1) The plan of merger; (2) If approval of members was not required, a statement to that effect and a statement that the plan was approved by a sufficient vote of the board of directors; (3) If approval by members was required:
(A) The designation, number of memberships outstanding, number of votes entitled to be cast by each class entitled to vote separately on the plan, and number of votes of each class indisputably voting on the plan; and
(B) Either the total number of votes cast for and against the plan by each class entitled to vote separately on the plan or the total number of undisputed votes cast for the plan by each class and a statement that the number cast for the plan by each class was sufficient for approval by that class; (4) If approval of the plan by some person or persons other than the members or the board is required pursuant to paragraph (3) of subsection (a) of Code Section 14-3-1103, a statement that the approval was obtained; and (5) The merging corporation shall deliver the articles of merger to the Secretary of State for filing in substantially the same manner as provided in Code Section 14-2-1105 and shall comply with the provisions of Code Section 14-2-1105.1, except that the notice to the publisher of the newspaper shall be in substantially the following form:
'NOTICE OF MERGER
Notice is given that articles or a certificate of merger by and between (name and state of incorporation of each
of the constituent corporations) will be delivered to the Secretary of State for filing in accordance with the Georgia Nonprofit Corporation Code. The name of the surviving corporation in the merger will be __________________________, a corporation incorporated in the State of _______________. The registered office of such corporation (is) (will be) located at __________________________ (address of registered office) and its registered (agent) (agents) at such address (is) (are) __________________________ (name or names of agent or agents).' (b) In lieu of filing articles of merger that set forth the plan of merger, the surviving or acquiring corporation may file a certificate of merger which sets forth: (1) The name and state of incorporation of each corporation which is merging and the name of the surviving corporation into which each other corporation is merging; (2) Any amendments to the articles of incorporation of the surviving corporation; (3) That the executed plan of merger is on file at the principal place of business of the surviving corporation, stating the address thereof; (4) That a copy of the plan of merger will be furnished by the surviving corporation, on request and without cost, to any shareholder of any corporation that is a party to the merger; (5) If shareholder approval was not required, a statement to that effect; and (6) If approval of the shareholders of one or more corporations party to the merger was required, a statement that the merger was duly approved by the shareholders. (c) Unless a delayed effective date is specified, a merger takes effect when the articles or certificate of merger is filed.

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14-3-1105. When a merger takes effect: (1) Every other corporation party to the merger merges into the surviving corpora-
tion and the separate existence of every corporation except the surviving corporation ceases;
(2) The title to all real estate and other property owned by each corporation party to the merger is vested in the surviving corporation without reversion or impairment subject to any and all conditions to which the property was subject prior to the merger;
(3) The surviving corporation has all liabilities and obligations of each corporation party to the merger;
(4) A proceeding pending against any corporation party to the merger may be continued as if the merger did not occur or the surviving corporation may be substituted in the proceeding for the corporation whose existence ceased; and
(5) The articles of incorporation and bylaws of the surviving corporation are amended to the extent provided in the plan of merger. 14-3-1106. (a) Except as provided in Code Section 14-3-1102, one or more foreign business or nonprofit corporations may merge with one or more domestic nonprofit corporations if:
(1) The merger is permitted by the law of the state or country under whose law each foreign corporation is incorporated and each foreign corporation complies with that law in effecting the merger;
(2) The foreign corporation complies with Code Section 14-3-1104 if it is the surviving corporation of the merger; and
(3) Each domestic nonprofit corporation complies with the applicable provisions of Code Sections 14-3-1101 through 14-3-1103 and, if it is the surviving corporation of the merger, with Code Section 14-3-1104. (b) Upon the merger taking effect, the surviving corporation, if it does not have a registered agent in this state, shall be deemed to have appointed the Secretary of State as its registered agent for service of process in a proceeding to enforce any obligation of a domestic corporation party to the merger, until such time as it appoints a registered agent in this state. 14-3-1107. Any bequest, devise, gift, grant, or promise contained in a will or other instrument of donation, subscription, or conveyance, that is made to a constituent corporation and that takes effect or remains payable after the merger, inures to the surviving corporation unless the will or other instrument otherwise specifically provides.
ARTICLE 12
14-3-1201. Unless otherwise provided by this chapter, the articles, or bylaws, a corporation may on the terms and conditions, for the consideration determined by the board of directors, and without the approval of the members or any other person:
(1) Sell, lease, exchange, or otherwise dispose of all, or substantially all, of its property in the usual and regular course of its activities; or
(2) Mortgage, pledge, dedicate to the repayment of indebtedness (whether with or without recourse), or otherwise encumber any or all of its property whether or not in the usual and regular course of its activities. 14-3-1202. (a) A corporation may sell, lease, exchange, or otherwise dispose of all, or substantially all, of its property (with or without the good will) other than in the usual and regular course of its activities on the terms and conditions and for the consideration determined by the corporation's board if the proposed transaction is authorized by subsection (b) of this Code section. (b) Unless this chapter, the articles, the bylaws, or the board of directors or members (acting pursuant to subsection (d) of this Code section) require a greater vote or voting by class, the proposed transaction to be authorized must be approved:
(1) By the board; (2) By the members by two-thirds of the votes cast or a majority of the voting power, whichever is less; and

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(3) In writing by any person or persons whose approval is required by a provision of the articles authorized by Code Section 14-3-1030 for an amendment to the articles or bylaws. (c) If the corporation does not have members, the transaction must be approved by a vote of a majority of the directors in office at the time the transaction is approved. In addition, the corporation shall provide notice of any directors' meeting at which such approval is to be obtained in accordance with subsection (b) of Code Section 14-3-822. The notice must also state that the purpose, or one of the purposes, of the meeting is to consider the sale, lease, exchange, or other disposition of all, or substantially all, of the property or assets of the corporation and contain or be accompanied by a copy or summary of a description of the transaction. (d) The board may condition its submission of the proposed transaction, and the members may condition their approval of the transaction, on receipt of a higher percentage of affirmative votes or on any other basis. (e) If the corporation seeks to have the transaction approved by the members at a membership meeting, the corporation shall give notice to its members of the proposed membership meeting in accordance with Code Section 14-3-705. The notice must also state that the purpose, or one of the purposes, of the meeting is to consider the sale, lease, exchange, or other disposition of all, or substantially all, of the property or assets of the corporation and contain or be accompanied by a copy or summary of a description of the transaction. (f) If the board needs to have the transaction approved by the members by written consent or written ballot, the material soliciting the approval shall contain or be accompanied by a copy or summary of a description of the transaction. (g) A corporation described in paragraph (2) of subsection (a) of Code Section 14-3-1302 must give written notice to the Attorney General 30 days before it sells, leases, exchanges, or otherwise disposes of all, or substantially all, of its property if the transaction is not in the usual and regular course of its activities, unless said transaction is with another corporation described in paragraph (2) of subsection (a) of Code Section 14-3-1302. (h) After a sale, lease, exchange, or other disposition of property is authorized, the transaction may be abandoned, subject to any contractual rights, without further action by the members or any other person who approved the transaction in accordance with the procedure set forth in the resolution proposing the transaction or, if none is set forth, in the manner determined by the board of directors.
ARTICLE 13
14-3-1301. Except as provided in Code Section 14-3-1302 and Article 14 of this chapter, a corporation shall not make any distributions.
14-3-1302. (a) A corporation may make distributions to the following: (1) Organizations (whether or not incorporated) that are organized and operated
for the same or similar purposes as the distributing corporation; (2) Organizations (whether or not incorporated) that are organized and operated
exclusively for religious, charitable, scientific, testing for public safety, literary, or educational purposes, or to foster national or international sports competition, or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual; or
(3) A state or possession of the United States, or any political subdivision of any of the foregoing, or the United States or the District of Columbia, (b) Except for corporations described in paragraph (2) of subsection (a) of this Code section, a corporation may repurchase a membership for the consideration that the member paid for his membership if, after the purchase is completed:
(1) The corporation would be able to pay its debts as they become due in the normal course of business; and
(2) The corporation's total assets would at least equal the sum of its liabilities.

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ARTICLE 14 Part 1
14-3-1401. A majority of the incorporators or initial directors of a corporation that has not admitted members entitled to vote on dissolution, has not commenced activities, and has no net assets may dissolve the corporation by delivering to the Secretary of State for filing articles of dissolution that set forth:
(1) The name of the corporation; (2) The date of its incorporation; (3) That:
(A) The corporation has not admitted members entitled to vote on dissolution; (B) The corporation has not commenced activities; or (C) The corporation has no net assets. (4) That no debt of the corporation remains unpaid; and (5) That a majority of the incorporators or initial directors authorized the dissolution. 14-3-1402. (a) A corporation's board of directors may propose dissolution for submission to the members, if there are members entitled to vote thereon. (1) For a proposal to dissolve to be adopted: (A) The board of directors must recommend dissolution to the members unless the board of directors elects, because of a conflict of interest or other special circumstances, to make no recommendation and communicates the basis for its determination to the members; and (B) The members entitled to vote must approve the proposal to dissolve as provided in subsection (e) of this Code section. (2) The board of directors may condition its submission of the proposal for dissolution on any basis. (3) The corporation shall notify each member entitled to vote of the proposed members' meeting in accordance with Code Section 14-3-705. The notice must also state that the purpose, or one of the purposes, of the meeting is to consider dissolving the corporation. (4) Unless the articles of incorporation, the bylaws, or the board of directors (acting pursuant to paragraph (2) of this subsection) requires a greater vote or vote by classes, the proposal to dissolve to be adopted must be approved by a majority of all the votes entitled to be cast on that proposal. (5) If the board seeks to have dissolution approved by the members by written consent or written ballot, the material soliciting the approval shall contain or be accompanied by a copy or summary of the plan of dissolution. (b) Unless the articles of incorporation or bylaws requires a greater vote, if the corporation does not have members entitled to vote on dissolution, dissolution must be approved by a vote of a majority of the directors in office at the time the transaction is approved. In addition, the corporation shall provide notice of any directors' meeting at which such approval is to be obtained in accordance with Code Section 14-3-822. The notice must also state that the purpose, or one of the purposes, of the meeting is to consider dissolution of the corporation and contain or be accompanied by a copy or summary of the plan of dissolution.
(c) The plan of dissolution shall conform to the requirements of Code Section 14-3-1403 and shall indicate to whom the assets owned or held by the corporation will be distributed after all creditors have been paid.
14-3-1403. (a) A plan of dissolution providing for the distribution of assets shall be adopted by a corporation in the process of dissolution.
(b) The plan of dissolution shall provide for distribution of assets as follows:
(1) All liabilities and obligations of the corporation shall be paid and discharged, or adequate provisions shall be made therefor;
(2) Assets held by the corporation upon condition requiring return, transfer, or conveyance, which condition occurs by reason of the dissolution, shall be returned, transferred, or conveyed in accordance with such requirements;

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(3) Assets received and held by the corporation subject to limitations permitting their use only for charitable, religious, eleemosynary, benevolent, educational, or similar purposes, but not held upon a condition requiring return, transfer, or conveyance by reason of the dissolution, shall be transferred or conveyed to one or more domestic or foreign corporations, trusts, societies, or organizations engaged in activities substantially similar to those of the dissolving corporation;
(4) Other assets, if any, shall be distributed in accordance with the articles of incorporation and bylaws to the extent that the articles of incorporation or bylaws determine the distributive rights of members, or any class or classes of members, or provide for distribution to others; and
(5) Any remaining assets may be distributed to such persons, trusts, societies, organizations, or domestic or foreign corporations as may be provided in the plan of dissolution. (c) A corporation described in paragraph (2) of subsection (a) of Code Section 14-3-1302 shall comply with the following additional requirements:
(1) It shall give the Attorney General written notice of its intent to dissolve at or before the time it delivers articles of dissolution to the Secretary of State;
(2) It shall not transfer or convey any assets as part of the dissolution process until 30 days after it has given the written notice to the Attorney General required by paragraph (1) of this subsection; and
(3) When all or substantially all of the assets of the corporation have been transferred or conveyed, it shall deliver to the Attorney General a list showing those (other than creditors) to whom the assets were transferred or conveyed. The list shall indicate the address of each person (other than creditors) who received assets and indicate what assets each received. 14-3-1404. Upon approval of a proposal for dissolution pursuant to Code Section 14-3-1402, the corporation shall begin dissolution by delivering to the Secretary of State for filing a notice of intent to dissolve setting forth:
(1) The name of the corporation; (2) The date dissolution was authorized; and (3) If member approval was required for dissolution, a statement that dissolution was duly approved by the members in accordance with subsection (a) of Code Section 14-3-1402. 14-3-1404.1. (a) Together with the notice of intent to dissolve provided for in Code Section 14-3-1404, the corporation shall deliver to the Secretary of State a certificate executed by an officer or director of such corporation, or any person undertaking such request on behalf of the corporation, verifying that the request for publication of a notice of intent to voluntarily dissolve the corporation and payment therefor have been made as required by subsection (b) of this Code section. (b) Prior to filing the notice of intent to dissolve provided for in Code Section 14-3-1404, the corporation shall mail or deliver to the publisher of a newspaper which is the official organ of the county where the registered office of the corporation is located or which is a newspaper of general circulation published within such county whose most recently published annual statement of ownership and circulation reflects a minimum of 60 percent paid circulation a request to publish a notice in substantially the following form:
'NOTICE OF INTENT TO VOLUNTARILY DISSOLVE A CORPORATION
Notice is given that a notice of intent to dissolve (name of corporation), a Georgia nonprofit
corporation with its registered office at (address of registered office), will be delivered to the Secretary of State for filing in accordance with the Georgia Nonprofit Corporation Code.' The notice may also include the information specified in Code Section 14-3-1408. The request for publication of the notice shall be accompanied by a check, draft, or money order in the amount of $40.00 in payment of the cost of publication. The notice shall

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be published once a week for two consecutive weeks commencing within ten days after receipt of the notice by the newspaper. Failure on the part of the corporation to mail or deliver the notice or payment therefor or failure on the part of the newspaper to publish the notice in compliance with this subsection shall not invalidate the dissolution of the corporation.
14-3-1405. (a) A corporation may revoke its dissolution proceedings at any time prior to the filing of articles of dissolution.
(b) Revocation of dissolution proceedings must be authorized in the same manner as the dissolution was authorized unless that authorization permitted revocation by action by the board of directors alone, in which event the board of directors may revoke the dissolution without member action.
(c) After the revocation of dissolution proceedings is authorized, the corporation may revoke the dissolution proceedings by delivering to the Secretary of State for filing a notice of revocation of intent to dissolve, together with a copy of its notice of intent to dissolve, that sets forth:
(1) The name of the corporation;
(2) The date that the revocation of dissolution proceedings was authorized; (3) If the corporation's board of directors or incorporators revoked the dissolution proceedings, a statement to that effect;
(4) If the corporation's board of directors revoked the dissolution proceedings authorized by the members, a statement that revocation was permitted by action by the board of directors alone pursuant to that authorization; and
(5) If member action was required to revoke the dissolution proceedings, the information required by paragraph (3) of Code Section 14-3-1404. (d) Revocation of dissolution proceedings is effective when a notice of revocation of
intent to dissolve is filed.
(e) When the revocation of dissolution proceedings is effective, it relates back to and takes effect as of the effective date of the filing of the notice of intent to dissolve and the corporation resumes carrying on its business as if dissolution proceedings had never
occurred. 14-3-1406. A corporation that has filed a notice of intent to dissolve continues its
corporate existence but may not carry on any business except that appropriate to wind up and liquidate its business and affairs, including:
(1) Collecting its assets; (2) Disposing of its properties that will not be distributed in kind in accordance with the plan of dissolution;
(3) Discharging or making provision for discharging its liabilities;
(4) Distributing its remaining property among its members in accordance with the plan of dissolution; and
(5) Doing every other act necessary to wind up and liquidate its business and affairs.
14-3-1407. (a) A corporation that has filed a notice of intent to dissolve may dis-
pose of the known claims against it by following the procedure described in this Code section.
(b) The corporation in dissolution shall notify its known claimants in writing of the dissolution proceedings at any time after the filing of the notice of intent to dissolve. The written notice must:
(1) Describe information that must be included in a claim; (2) Provide a mailing address where a claim may be sent;
(3) State the deadline, which may not be less than six months from the effective date of the written notice, by which the dissolved corporation must receive the claim;
(4) State that the claim will be barred if not received by the deadline; and (5) State that the corporation will give notice of acceptance or rejection of all
claims that are received in timely fashion within six months of the deadline for receipt of claims.
(c) A claim against a corporation in dissolution is barred: (1) If a claimant who was given written notice under subsection (b) of this Code
section does not deliver the claim to the dissolved corporation by the deadline; or

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(2) If a claimant whose claim was rejected by the dissolved corporation does not commence a proceeding to enforce the claim within one year from the effective date of the rejection notice. (d) For purposes of this Code section, the term 'claim' does not include a contingent liability or a claim based on an event occurring after the filing of the notice of intent to dissolve. 14-3-1408. (a) A corporation that has filed a notice of intent to dissolve may include in the notice of its intent to dissolve published under Code Section 14-3-1404.1 a request that persons with claims against the corporation present them in accordance with subsection (b) of this Code section.
(b) The request must: (1) Describe the information that must be included in a claim and provide a mail-
ing address where the claim may be sent; and (2) State that, except for claims that are contingent at the time of the filing of the
notice of intent to dissolve or that arise after the filing of the notice of intent to dissolve, a claim against the corporation not otherwise barred will be barred unless a proceeding to enforce the claim is commenced within two years after publication of the notice. (c) If a corporation that has filed a notice of intent to dissolve publishes a newspaper
notice containing the information specified in subsection (b) of this Code section, all claims not otherwise barred will be barred unless the claimant commences a proceeding to enforce the claim against the dissolved corporation within two years after the publica-
tion date of the newspaper notice except: (1) Claims that are contingent at the time of the filing of the notice of intent to
dissolve; and (2) Claims that arise after the filing of the notice of intent to dissolve.
(d) If a corporation in dissolution publishes a newspaper notice containing the infor-
mation specified in subsection (b) of this Code section, a claim against the corporation not otherwise barred of a claimant whose claim is contingent or based on an event
occurring after the filing of the notice of intent to dissolve is barred against the corporation, its members, officers, directors, and distributees unless the claimant commences a proceeding to enforce the claim against the dissolved corporation within two years after
the date of filing of articles of dissolution or five years after the date of publication in
accordance with subsection (b) of this Code section, whichever is later. (e) Subject to the provisions of this Code section, a claim against a corporation in
dissolution or against a dissolved corporation may be enforced under this Code section:
(1) Against the corporation, to the extent of its undistributed assets; or (2) If the assets have been distributed in liquidation, against a distributee of the
corporation to the extent of his pro rata share of the claim or the corporate assets distributed to him in liquidation, whichever is less, but a distributee's total liability for
all claims under this Code section may not exceed the total amount of assets distributed to him.
14-3-1409. (a) If a notice of intent to dissolve under Code Section 14-3-1404 has not been revoked, when all known debts, liabilities, and obligations of the corporation have
been paid and discharged, or adequate provision made therefor, the corporation may dissolve by delivering to the Secretary of State for filing articles of dissolution setting forth:
(1) The name of the corporation;
(2) The date on which a notice of intent to dissolve was filed and a statement that it has not been revoked;
(3) A statement that all known debts, liabilities, and obligations of the corporation
have been paid and discharged, or that adequate provision has been made therefor; (4) A statement that all remaining property and assets of the corporation have
been distributed in accordance with the plan of dissolution, or that such property and
assets have been deposited with the Department of Administrative Services as provided in Code Section 14-3-1440;
(5) A statement that there are no actions pending against the corporation in any court, or that adequate provision has been made for the satisfaction of any judgment,
order, or decree which may be entered against it in any pending action; and

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(6) A statement that, if required, it notified the Attorney General of its intent to dissolve. (b) Upon filing of articles of dissolution the corporation shall cease to exist, except for the purpose of actions or other proceedings, which may be brought against the corporation by service upon any of its last executive officers named in its last annual registration, and except for such actions as the members, directors, and officers take to protect any remedy, right, or claim on behalf of the corporation, or to defend, compromise, or settle any claim against the corporation, all of which may proceed in the corporate name. (c) Deeds or other transfer instruments requiring execution after the dissolution of a corporation may be signed by any two of the last officers or directors of the corporation and shall operate to convey the interest of the corporation in the real estate or other property described. 14-3-1410. (a) A corporation that has been dissolved by the expiration of its period of duration but which has continued in business notwithstanding the expiration may revive its corporate existence by amending its articles of incorporation at any time during a period of ten years immediately following the expiration date fixed by the articles of incorporation, so as to extend its period of duration. (b) If a corporation whose period of duration has expired has failed to revive its corporate existence within ten years of the expiration date fixed by its articles of incorporation as provided in subsection (a) of this Code section, the corporation may thereafter revive its corporate existence by amending its articles of incorporation so as to extend its period of duration at any time during the period beginning ten years and ending 20 years immediately following the expiration date fixed by its articles of incorporation and filing with the Secretary of State an affidavit attested by one or more of its officers or directors, stating as follows:
(1) That the corporation has continued in business, notwithstanding the expiration of its period of duration, at all times since the expiration date fixed by its articles of incorporation; and
(2) That the revival will not injure the corporation's members, creditors, or the public. (c) As of the effective date of the amendment of articles of incorporation pursuant to subsection (a) or (b) of this Code section, the corporate existence shall be deemed to have continued without interruption from the former expiration date. If, during the period between expiration and revival, the name of the corporation has been assumed, reserved, or registered by any other person or corporation, the revived corporation shall not engage in business until it has amended its articles of incorporation to change its

Part 2
14-3-1420. The Secretary of State may commence a proceeding under Code Section 14-3-1421 to dissolve a corporation administratively if:
(1) The state revenue commissioner has certified to the Secretary of State that the corporation has failed to file a license or occupation tax return and that a period of one year has expired since the last day permitted for timely filing without the filing and payment of all required license and occupation taxes and penalties by the corporation; provided, however, that dissolution proceedings shall be stayed so long as the corporation is contesting, in good faith, in any appropriate proceeding, the alleged grounds for dissolution;
(2) The corporation does not deliver its annual registration to the Secretary of State, together with all required fees and penalties, within 60 days after it is due;
(3) The corporation is without a registered agent or registered office in this state for 60 days or more; or
(4) The corporation does not notify the Secretary of State within 60 days that its registered agent or registered office has been changed, that its registered agent has resigned, or that its registered office has been discontinued.

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14-3-1421. (a) If the Secretary of State determines that one or more grounds exist under Code Section 14-3-1420 for dissolving a corporation, he shall provide the corporation with written notice of his determination by mailing a copy of the notice, first-class mail, to the corporation at the last known address of its principal office or to the registered agent.
(b) If the corporation does not correct each ground for dissolution or demonstrate to the reasonable satisfaction of the Secretary of State that each ground determined by the Secretary of State does not exist within 60 days after notice is provided to the corporation, the Secretary of State shall administratively dissolve the corporation by signing a certificate of dissolution that recites the ground or grounds for dissolution and its effective date. The Secretary of State shall file the original of the certificate.
(c) A corporation administratively dissolved continues its corporate existence but may not carry on any business except that necessary to wind up and liquidate its business and affairs under Code Section 14-3-1406. Winding up the business of a corporation that has been administratively dissolved may include the corporation's proceeding, at any time after the effective date of the administrative dissolution, (1) in accordance with Code Section 14-3-1407 to notify known claimants, and (2) to mail or deliver, with accompanying payment of the cost of publication, a notice containing the information specified in subsection (b) of Code Section 14-3-1408 for publication. Upon such notice, claims against the administratively dissolved corporation will be limited as specified in Code Sections 14-3-1407 and 14-3-1408, respectively.
(d) The administrative dissolution of a corporation does not terminate the authority of its registered agent.
14-3-1422. (a) A corporation administratively dissolved under Code Section 14-3-1421 may apply to the Secretary of State for reinstatement within two years after the effective date of dissolution. The application must:
(1) Recite the name of the corporation and the effective date of its administrative dissolution;
(2) State that the ground or grounds for dissolution either did not exist or have been eliminated;
(3) State that the corporation's name satisfies the requirements of Code Section 14-3-401;
(4) Contain a statement by the corporation reciting that all taxes owed by the corporation have been paid; and
(5) Be accompanied by an amount equal to the total annual registration fees and penalties that would have been payable during the periods between dissolution and reinstatement, plus the fee required for the application for reinstatement, and any other fees and penalties payable for earlier periods.
(b) If the Secretary of State determines that the application contains the information required by subsection (a) of this Code section and that the information is correct, he shall prepare a certificate of reinstatement that recites his determination and the effective date of reinstatement, file the original of the certificate, and serve a copy on the corporation under Code Section 14-3-504.
(c) When the reinstatement is effective, it relates back to and takes effect as of the effective date of the administrative dissolution and the corporation resumes carrying on its business as if the administrative dissolution had never occurred.
14-3-1423. (a) If the Secretary of State denies a corporation's application for reinstatement following administrative dissolution, he shall serve the corporation under Code Section 14-3-504 with a written notice that explains the reason or reasons for denial.
(b) The corporation may appeal the denial of reinstatement to the superior court of the county where the corporation's registered office is or was located within 30 days after service of the notice of denial is perfected. The corporation appeals by petitioning the court to set aside the dissolution and attaching to the petition copies of the Secretary of State's certificate of dissolution, the corporation's application for reinstatement, and the Secretary of State's notice of denial.
(c) The court's final decision may be appealed as in other civil proceedings.

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Parts
14-3-1430. The superior court may dissolve a corporation: (1) In a proceeding by the Attorney General if it is established that: (A) The corporation obtained its articles of incorporation through fraud; or (B) The corporation has continued to exceed or abuse the authority conferred upon it by law; (2) In a proceeding by a member if it is established that: (A) The directors are deadlocked in the management of the corporate affairs, the members are unable to break the deadlock, and irreparable injury to the corporation is threatened or being suffered or the business and affairs of the corporation can no longer be conducted to the advantage of the members generally, because of the deadlock; (B) The directors or those in control of the corporation have acted, are acting, or will act in a manner that is illegal or fraudulent in connection with the operation or management of the business and affairs of the corporation; (C) The members are deadlocked in voting power and have failed, for a period that includes at least two consecutive annual meeting dates, to elect successors to directors whose terms have expired or would have expired; or (D) The corporate assets are being misapplied or wasted; (3) In a proceeding by a creditor if it is established that: (A) The creditor's claim has been reduced to judgment, the execution on the judgment has been returned unsatisfied, and the corporation is insolvent; or (B) The corporation has admitted in writing that the creditor's claim is due and owing and the corporation is insolvent; or (4) In a proceeding by the corporation to have its voluntary dissolution continued
under court supervision; provided, however, that all of the actions described in paragraphs (1) through (3) of this Code section shall be stayed so long as the corporation is contesting, in good faith, in any appropriate proceeding, the alleged grounds for dissolution.
14-3-1431. (a) Venue for a proceeding by the Attorney General to dissolve a corporation and for a proceeding brought by any other party named in Code Section 14-3-1430 lies in the county where a corporation's registered office is or was last located.
(b) It is not necessary to make members or directors parties to a proceeding to dissolve a corporation unless relief is sought against them individually.
(c) A court in a proceeding brought to dissolve a corporation may issue injunctions, appoint a receiver or custodian pendente lite with all powers and duties the court directs, take other action required to preserve the corporate assets wherever located, and carry on the business of the corporation until a full hearing can be held.
14-3-1432. (a) A court in a judicial proceeding brought to dissolve a corporation may appoint one or more receivers to wind up and liquidate, or one or more custodians to manage, the business and affairs of the corporation. The court shall hold a hearing, after notifying all parties to the proceeding and any interested persons designated by the court, before appointing a receiver or custodian. The court appointing a receiver or custodian has exclusive jurisdiction over the corporation and all its property wherever located.
(b) The court may appoint an individual or a domestic or foreign corporation (authorized to transact business in this state) as a receiver or custodian. The court may require the receiver or custodian to post bond, with or without sureties, in an amount the court directs.
(c) The court shall describe the powers and duties of the receiver or custodian in its appointing order, which may be amended from time to time. Among other powers:
(1) The receiver:
(A) May dispose of all or any part of the assets of the corporation wherever located, at a public or private sale, if authorized by the court; and
(B) May sue and defend in his own name as receiver of the corporation in all courts of this state; or

THURSDAY, FEBRUARY 28, 1991

1501

(2) The custodian may exercise all of the powers of the corporation, through or in place of its board of directors or officers, to the extent necessary to manage the affairs of the corporation in the best interests of its members and creditors. (d) The court, during a receivership, may redesignate the receiver a custodian and, during a custodianship, may redesignate the custodian a receiver, if doing so is in the best interests of the corporation, its members, and creditors. (e) The court from time to time during the receivership or custodianship may order compensation paid and expense disbursements or reimbursements made to the receiver or custodian and his attorney from the assets of the corporation or proceeds from the sale of the assets. 14-3-1433. (a) If after a hearing the court determines that one or more grounds for judicial dissolution described in Code Section 14-3-1430 exist, it may enter a decree ordering the corporation dissolved, and the clerk of the court shall deliver a certified copy of the decree to the Secretary of State, who shall file it, with the same effect as a notice of intent to dissolve. (b) After entering the order of dissolution, the court shall direct the winding up and liquidation of the corporation's business and affairs in accordance with Code Section 14-3-1406. Winding up the business of a corporation judicially dissolved may include the corporation's proceeding, after the date of the order of dissolution, (1) in accordance with Code Section 14-3-1407 to notify known claimants, and (2) to mail or deliver, with accompanying payment of the cost of publication, a notice containing the information specified in subsection (b) of Code Section 14-3-1408 for publication. Upon such notice, claims against the dissolved corporation will be limited as specified in Code Sections 14-3-1407 and 14-3-1408 respectively. (c) When the costs and expenses of dissolution proceedings and all debts, obligations, and liabilities of the corporation have been paid and discharged or provided for and all of its remaining assets distributed to its members or provided for or such assets have been deposited with the Department of Administrative Services as provided in Code Section 14-3-1440, the court shall enter a decree of dissolution, and upon filing of the decree with the Secretary of State, it shall have the same effect as articles of dissolution.
Part 4
14-3-1440. Assets of a dissolved corporation that should be transferred to a creditor, claimant, or member of the corporation who cannot be found or who is not competent to receive them shall be reduced to cash and deposited with the Department of Administrative Services for safekeeping. When the creditor, claimant, or member furnishes satisfactory proof of entitlement to the amount deposited, the Department of Administrative Services shall pay him or his representative that amount. After the Department of Administrative Services has held the unclaimed cash for six months, the Department of Administrative Services shall pay such cash to the Board of Regents of the University System of Georgia, to be held without liability for profit or interest until a claim for such cash shall be filed with the Department of Administrative Services by the parties entitled thereto. No such claim shall be made more than six years after such cash is deposited with the Department of Administrative Services.
ARTICLE 15 Part 1
14-3-1501. (a) A foreign corporation may not transact business in this state until it obtains a certificate of authority from the Secretary of State.
(b) The following activities, among others, do not constitute transacting business within the meaning of subsection (a) of this Code section:
(1) Maintaining or defending any action or any administrative or arbitration proceeding or effecting the settlement thereof or the settlement of claims or disputes;
(2) Holding meetings of its directors or members or carrying on other activities concerning its internal affairs;
(3) Maintaining bank accounts, share accounts in savings and loan associations, custodian or agency arrangements with a bank or trust company, or stock or bond brokerage accounts;

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(4) Maintaining offices or agencies for the transfer, exchange, and registration of memberships or securities or maintaining trustees or depositaries with respect to those securities;
(5) Effecting sales through independent contractors; (6) Soliciting or procuring orders, whether by mail or through employees or agents or otherwise, where the orders require acceptance without this state before becoming binding contracts and where the contracts do not involve any local performance other than delivery and installation; (7) Making loans or creating or acquiring evidences of debt, mortgages, or liens on real or personal property, or recording same; (8) Securing or collecting debts or enforcing any rights in property securing the same; (9) Owning, without more, real or personal property;
(10) Conducting an isolated transaction not in the course of a number of repeated transactions of a like nature;
(11) Effecting transactions in interstate or foreign commerce; (12) Serving as trustee, executor, administrator, or guardian, or in like fiduciary capacity, where permitted so to serve by the laws of this state; or (13) Owning and controlling a subsidiary corporation incorporated in or transacting business within this state. (c) The list of activities in subsection (b) of this Code section is not exhaustive. (d) This chapter shall not be deemed to establish a standard for activities which may subject a foreign corporation to taxation or to service of process under any of the laws of this state. 14-3-1502. (a) A foreign corporation transacting business in this state without a certificate of authority may not maintain a proceeding in any court in this state until it
obtains a certificate of authority. (b) The successor to a foreign corporation that transacted business in this state with-
out a certificate of authority and the assignee of a cause of action arising out of that
business may not maintain a proceeding based on that cause of action in any court in this state unless before the commencement of the proceeding the foreign corporation or
its successor obtains a certificate of authority. (c) Notwithstanding subsections (a) and (b) of this Code section, the failure of a for-
eign corporation to obtain a certificate of authority does not impair the validity of its corporate acts or prevent it from defending any proceeding in this state.
14-3-1503. (a) A foreign corporation may apply for a certificate of authority to transact business in this state by delivering an application to the Secretary of State for filing. The application must set forth:
(1) The name of the foreign corporation or, if its name is unavailable for use in
this state, a corporate name that satisfies the requirements of Code Section 14-3-1506; (2) The name of the state or country under whose law it is incorporated;
(3) Its date of incorporation and period of duration; (4) The mailing address of its principal office; (5) The address of its registered office in this state and the name of its registered
agent at that office; and (6) The names and usual business addresses of its current directors and officers.
(b) The foreign corporation shall deliver with the completed application a certificate of existence (or a document of similar import) duly authenticated by the secretary of state or other official having custody of corporate records in the state or country under
whose law it is incorporated. 14-3-1504. (a) A foreign corporation authorized to transact business in this state
must obtain an amended certificate of authority from the Secretary of State if it changes:
(1) Its corporate name; (2) The period of its duration; or
(3) The state or country of its incorporation. (b) The requirements of Code Section 14-3-1503 for obtaining an original certificate
of authority apply to obtaining an amended certificate under this Code section.

THURSDAY, FEBRUARY 28, 1991

1503

14-3-1505. (a) A certificate of authority authorizes the foreign corporation to which it is issued to transact business in this state subject, however, to the right of the state to revoke the certificate as provided in this chapter.
(b) A foreign corporation with a valid certificate of authority has the same but no greater rights under this chapter and has the same but no greater privileges under this chapter as, and except as otherwise provided by this chapter is subject to the same duties, restrictions, penalties, and liabilities now or later imposed on, a domestic corporation of like character.
(c) This chapter does not authorize this state to regulate the organization or internal affairs of a foreign corporation authorized to transact business in this state.
14-3-1506. (a) If the corporate name of a foreign corporation does not satisfy the requirements of Code Section 14-3-401 the foreign corporation to obtain or maintain a certificate of authority to transact business in this state:
(1) May add the word 'corporation,' 'incorporated,' 'company,' or 'limited,' or the abbreviation 'corp.,' 'inc.,' 'co.,' or 'ltd.,' or the name of its state of incorporation to its corporate name for use in this state; or
(2) May use a fictitious or trade name to transact business in this state if its real name is unavailable and it delivers to the Secretary of State for filing a copy of the resolution of its board of directors, certified by its secretary, adopting the fictitious
or trade name. (b) Except as authorized by subsections (c) and (d) of this Code section, a corporate name (including a fictitious name) of a foreign corporation must be distinguishable upon the records of the Secretary of State from:
(1) The corporate name of a corporation, whether for profit or not for profit, incorporated or authorized to transact business in this state;
(2) A corporate name reserved or registered under this chapter or Chapter 2 of this
title; (3) The fictitious name adopted by a foreign corporation authorized to transact
business in this state because its real name is unavailable; and (4) The name of a limited partnership or professional association reserved or filed
with the Secretary of State under this title. (c) A foreign corporation may apply to the Secretary of State for authorization to use in this state the name of another corporation (incorporated or authorized to transact business in this state) that is not distinguishable upon his records from the name applied for. The Secretary of State shall authorize use of the name applied for if the other corporation files with the Secretary of State articles of amendment to its articles of incorporation changing its name to a name that is distinguishable upon the records of the Secretary of State from the name of the applying corporation. (d) A foreign corporation may use the name (including the fictitious name) of another domestic or foreign corporation whether for profit or not for profit that is used in this state if the other corporation is incorporated or authorized to transact business in this state and:
(1) The foreign corporation has merged with the other corporation;
(2) The foreign corporation has been formed by reorganization of the other corporation; or
(3) The other domestic or foreign corporation has taken the steps required by this chapter to change its name to a name that is distinguishable upon the records of the Secretary of State from the name of the foreign corporation applying to use its former name.
(e) If a foreign corporation authorized to transact business in this state changes its corporate name to one that does not satisfy the requirements of Code Section 14-3-401, it may not transact business in this state under the changed name until it adopts a name satisfying the requirements of Code Section 14-3-401 and obtains an amended certificate of authority under Code Section 14-3-1504.
14-3-1507. Each foreign corporation authorized to transact business in this state must continuously maintain in this state:
(1) A registered office that may be the same as any of its places of business; and

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(2) A registered agent, who may be:
(A) An individual who resides in this state and whose business office is identical with the registered office;
(B) A domestic corporation or domestic business corporation whose business office is identical with the registered office; or
(C) A foreign corporation or foreign business corporation authorized to transact business in this state whose business office is identical with the registered office.
14-3-1508. (a) A foreign corporation authorized to transact business in this state may change its registered office or registered agent by delivering to the Secretary of State for filing an amendment to its annual registration that sets forth:
(1) Its name;
(2) The street address of its current registered office;
(3) If the current registered office is to be changed, the street address of its new registered office;
(4) The name of its current registered agent; and (5) That after the change or changes are made, the street addresses of its registered office and the business office of its registered agent will be identical,
(b) If a registered agent changes the street address of his business office, he may change the street address of the registered office of any foreign corporation for which he is the registered agent by notifying the corporation in writing of the change and signing (either manually or in facsimile) and delivering to the Secretary of State for filing an amendment to the annual registration that complies with the requirements of subsection (a) of this Code section.
14-3-1509. (a) The registered agent of a foreign corporation may resign his agency appointment by signing and delivering to the Secretary of State for filing a statement of resignation. The statement may include a statement that the registered office is also discontinued.
(b) On or before the date of filing of the statement of resignation, the registered agent shall deliver or mail a written notice of the agent's intention to resign to the chief executive officer, chief financial officer, or secretary of the corporation, or a person holding a position comparable to any of the foregoing, as named, and at the address shown in the annual registration, or in the articles of incorporation if no annual registration has been filed, on or before the date of filing of the statement.
(c) The agency appointment is terminated, and the registered office discontinued if so provided, on the thirty-first day after the date on which the statement was filed.
14-3-1510. (a) The registered agent of a foreign corporation authorized to transact business in this state is the corporation's agent for service of any process, notice, or demand required or permitted by law to be served on the foreign corporation.
(b) If a foreign corporation has no registered agent or its registered agent cannot with reasonable diligence be served, the corporation may be served by registered or certified mail, return receipt requested, addressed to the chief executive officer, chief financial officer, or secretary of the foreign corporation, or a person holding a position comparable to any of the foregoing, at its principal office shown in the later of its application for a certificate of authority or its most recent annual registration. Any party that serves a foreign corporation in accordance with this subsection shall also serve a copy of the process upon the Secretary of State.
(c) Service is perfected under subsection (b) of this Code section at the earliest of: (1) The date the foreign corporation receives the mail;
(2) The date shown on the return receipt, if signed on behalf of the foreign corporation; or
(3) Five days after its deposit in the United States mail, as evidenced by the postmark, if mailed postpaid and correctly addressed.
(d) This Code section does not prescribe the only means, or necessarily the required means, of serving a foreign corporation.
(e) For service in a proceeding to enforce any obligation of a domestic corporation
party to a merger, see subsection (b) of Code Section 14-3-1106.

THURSDAY, FEBRUARY 28, 1991

1505

Part 2
14-3-1520. (a) A foreign corporation authorized to transact business in this state may not withdraw from this state until it obtains a certificate of withdrawal from the Secretary of State.
(b) A foreign corporation authorized to transact business in this state may apply for a certificate of withdrawal by delivering an application to the Secretary of State for filing. The application must set forth:
(1) The name of the foreign corporation and the name of the state or country under whose law it is incorporated;
(2) That it is not transacting business in this state and that it surrenders its authority to transact business in this state;
(3) That it revokes the authority of its registered agent to accept service on its behalf and appoints the Secretary of State as its agent for service of process in any proceeding based on a cause of action arising during the time it was authorized to transact business in this state;
(4) A mailing address to which a copy of any process served on the Secretary of State under paragraph (3) of this subsection may be mailed under subsection (c) of this Code section; and
(5) A commitment to notify the Secretary of State in the future of any change in its mailing address. (c) After the withdrawal of the corporation is effective, service of process on the Secretary of State under this Code section is service on the foreign corporation. Any party that serves process upon the Secretary of State in accordance with this subsection shall also mail a copy of the process to the chief executive officer, chief financial officer, or the secretary of the foreign corporation, or a person holding a comparable position, at the mailing address set forth under subsection (b) of this Code section.
Part 3
14-3-1530. The Secretary of State may commence a proceeding under Code Section 14-3-1531 to revoke the certificate of authority of a foreign corporation authorized to transact business in this state if:
(1) The foreign corporation does not deliver its annual registration to the Secretary of State within 60 days after it is due;
(2) The foreign corporation does not pay within 60 days after they are due any fees, taxes, or penalties imposed by this chapter or other law;
(3) The foreign corporation is without a registered agent or registered office in this state for 60 days or more;
(4) The foreign corporation does not inform the Secretary of State under Code Section 14-3-1508 or 14-3-1509 that its registered agent or registered office has changed, that its registered agent has resigned, or that its registered office has been discontinued within 60 days of the change, resignation, or discontinuance;
(5) An incorporator, director, officer, or agent of the foreign corporation signed a document he knew was false in any material respect with intent that the document be delivered to the Secretary of State for filing; or
(6) The Secretary of State receives a duly authenticated certificate from the secretary of state or other official having custody of corporate records in the state or country under whose law the foreign corporation is incorporated stating that it has been dissolved or disappeared as the result of a merger. 14-3-1531. (a) If the Secretary of State determines that one or more grounds exist under Code Section 14-3-1530 for revocation of a certificate of authority, he shall provide the foreign corporation with written notice of his determination by mailing a copy of the notice, by first-class mail, to the foreign corporation at the last known address of its principal office or to the registered agent. (b) If the foreign corporation does not correct each ground for revocation or demonstrate to the reasonable satisfaction of the Secretary of State that each ground determined by the Secretary of State does not exist within 60 days after notice is provided

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to the corporation, the Secretary of State may revoke the foreign corporation's certificate of authority by signing a certificate of revocation that recites the ground or grounds for revocation and its effective date.
(c) The authority of a foreign corporation to transact business in this state ceases on the date shown on the certificate revoking its certificate of authority.
(d) The Secretary of State's revocation of a foreign corporation's certificate of authority appoints the Secretary of State as the foreign corporation's agent for service of process in any proceeding based on a cause of action which arose during the time the foreign corporation was authorized to transact business in this state. Service of process on the Secretary of State under this subsection is service on the foreign corporation. Any party that serves process upon the Secretary of State shall also mail a copy of the process to the chief executive officer, chief financial officer, or the secretary of the foreign corporation, or a person holding a comparable position, at its principal office shown in its most recent annual registration or in any subsequent communication received by the Secretary of State from the corporation stating the current mailing address of its principal office, or, if none is on file, in its application for a certificate of authority.
(e) Revocation of a foreign corporation's certificate of authority does not terminate the authority of the registered agent of the corporation.
14-3-1532. (a) A foreign corporation may appeal the Secretary of State's revocation of its certificate of authority to the Superior Court of Fulton County within 30 days after service of the certificate of revocation is perfected under Code Section 14-3-1510. The foreign corporation appeals by petitioning the court to set aside the revocation and attaching to the petition copies of its certificate of authority and the Secretary of State's certificate of revocation.
(b) The court may summarily order the Secretary of State to reinstate the certificate of authority or may take any other action the court considers appropriate.
(c) The court's final decision may be appealed as in other civil proceedings.
Part 4
14-3-1540. (a) A foreign corporation which prior to April 1, 1969, has domesticated in this state under the procedure available prior to that date and which is a domesticated foreign corporation on that date shall have perpetual duration as a domesticated foreign corporation of this state unless its existence is terminated in its jurisdiction of incorporation or its domesticated status is dissolved in accordance with the provisions of this chapter relating to involuntary dissolution or until such time as it withdraws from this state in the manner provided in this chapter. Such domesticated foreign corporations and the members thereof shall have all the rights, privileges, and immunities and be subject to all the duties, liabilities, and disabilities applicable to similar corporations organized under the laws of this state and applicable to the members thereof, except as may be provided with respect to such domesticated foreign corporations by any of the laws of this state existing on April 1, 1969, or coming into existence thereafter.
(b) Whenever the term 'foreign corporation authorized to transact business in this state' is used in this chapter, it shall be deemed to include domesticated foreign corporations, except where the context or this chapter otherwise requires.
ARTICLE 16 Part 1
14-3-1601. (a) A corporation shall keep as permanent records minutes of all meetings of its members and board of directors, executed consents evidencing all actions taken by the members or board of directors without a meeting, a record of all actions taken by a committee of the board of directors in place of the board of directors on behalf of the corporation, and waivers of notice of all meetings of the board of directors and its committees.
(b) A corporation shall maintain appropriate accounting records. (c) A corporation or its agent shall maintain a record of its members in a form that permits preparation of a list of the name and address of all members, in alphabetical order by class, showing the number of votes each member is entitled to cast.

THURSDAY, FEBRUARY 28, 1991

1507

(d) A corporation shall maintain its records in written form or in another form capable of conversion into written form within a reasonable time.
14-3-1602. (a) A corporation shall keep a copy of the following records: (1) Its articles or restated articles of incorporation and all amendments to them
currently in effect; (2) Its bylaws or restated bylaws and all amendments to them currently in effect; (3) Resolutions adopted by either its members or board of directors increasing or
decreasing the number of directors or the classification of directors, or relating to the characteristics, qualifications, rights, limitations, and obligations of members or any class or category of members;
(4) Resolutions adopted by either its members or board of directors relating to the characteristics, qualifications, rights, limitations, and obligations of members or any class or category of members;
(5) The minutes of all meetings of members and records of all actions approved by the members for the past three years;
(6) All written communications to members generally within the past three years, including the financial statements furnished for the past three years under Code Section 14-3-1620;
(7) A list of the names and business or home addresses of its current directors and officers; and
(8) Its most recent annual report delivered to the Secretary of State under Code Section 14-3-1622. (b) A member is entitled to inspect and copy, at a reasonable time and location specified by the corporation, any of the records of the corporation described in subsection (a) of this Code section if the member gives the corporation written notice or a written demand at least five business days before the date on which the member wishes to inspect and copy. (c) A member is entitled to inspect and copy, at a reasonable time and reasonable location specified by the corporation, any of the following records of the corporation if the member meets the requirements of subsection (d) of this Code section and gives the corporation written notice at least five business days before the date on which the member wishes to inspect and copy:
(1) Excerpts from minutes of any meeting of the board of directors, records of any action of a committee of the board of directors while acting in place of the board of directors on behalf of the corporation, minutes of any meeting of the members, and records of action taken by the members or the board of directors without a meeting, to the extent not subject to inspection under subsection (a) of this Code section;
(2) Accounting records of the corporation; and (3) Subject to Code Section 14-3-1605, the membership list. (d) A member may inspect and copy the records identified in subsection (c) of this Code section only if: (1) The member's demand is made in good faith and for a proper purpose that is reasonably relevant to the member's legitimate interest as a member; (2) The member describes with reasonable particularity the purpose and the records the member desires to inspect; (3) The records are directly connected with this purpose; and (4) The records are to be used only for the stated purpose.
(e) This Code section does not affect:
(1) The right of a member to inspect records under Code Section 14-3-720 or, if the member is in litigation with the corporation, to the same extent as any other litigant; or
(2) The power of a court, independently of this chapter, to compel the production of corporate records for examination.
14-3-1603. (a) A member's agent or attorney has the same inspection and copying rights as the member the agent or attorney represents.
(b) The right to copy records under Code Section 14-3-1602 includes, if reasonable, the right to receive copies made by photographic, xerographic, or other means.

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JOURNAL OF THE HOUSE,

(c) The corporation may impose a reasonable charge, covering the costs of labor and material, for copies of any documents provided to the member. The charge may not exceed the estimated cost of production or reproduction of the records.
(d) A corporation shall convert into written form without charge any record not in written form, upon written request of a person entitled to inspect it.
(e) The corporation may comply with a member's demand to inspect the record of members under paragraph (3) of subsection (c) of Code Section 14-3-1602 by providing the member with a list of its members that was compiled no earlier than the date of the member's demand.
14-3-1604. (a) If a corporation does not allow a member who complies with subsection (b) Code Section 14-3-1602 to inspect and copy any records required by that subsection to be available for inspection, the superior court may summarily order inspection and copying of the records demanded at the corporation's expense upon application of the member.
(b) If a corporation does not within a reasonable time allow a member to inspect and copy any other record, the member who complies with subsections (b) and (c) of Code Section 14-3-1602 may apply to the superior court for an order to permit inspection and copying of the records demanded. The court shall dispose of an application under this subsection on an expedited basis.
(c) If the court orders inspection and copying of the records demanded, it shall also order the corporation to pay the member's costs (including reasonable attorneys' fees) incurred to obtain the order unless the corporation proves that it refused inspection in good faith because it had a reasonable basis for doubt about the right of the member to inspect the records demanded.
(d) If the court orders inspection and copying of the records demanded, it may impose reasonable restrictions on the use or distribution of the records by the demanding member.
14-3-1605. Without consent of the board, a membership list or any part thereof may not be obtained or used by any person for any purpose unrelated to a member's interest as a member. Without limiting the generality of the foregoing, without the consent of the board a membership list or any part thereof may not be:
(1) Used to solicit money or property unless such money or property will be used solely to solicit the votes of the members in an election to be held by the corporation;
(2) Used for any commercial purpose; or (3) Sold to or purchased by any person.
Part 2
14-3-1620. (a) A corporation upon written demand from a member shall furnish that member its latest prepared annual financial statements, which may be consolidated or combined statements of the corporation and one or more of its subsidiaries or affiliates, in reasonable detail as appropriate, that include a balance sheet as of the end of the fiscal year and statement of operations for that year. If financial statements are prepared for the corporation on the basis of generally accepted accounting principles, the annual financial statements must also be prepared on that basis.
(b) If annual financial statements are reported upon by a public accountant, the accountant's report must accompany them. If not, the statements must be accompanied by the statement of the president or the person responsible for the corporation's financial accounting records:
(1) Stating the president's or other person's reasonable belief as to whether the statements were prepared on the basis of generally accepted accounting principles and, if not, describing the basis of preparation; and
(2) Describing any respects in which the statements were not prepared on a basis of accounting consistent with the statements prepared for the preceding year. 14-3-1621. If a corporation indemnifies or advances expenses to a director under Code Section 14-3-851, 14-3-852, 14-3-853, or 14-3-854 in connection with a proceeding by or in the right of the corporation, the corporation shall report the indemnification

THURSDAY, FEBRUARY 28, 1991

1509

or advance in writing to the members with or before the notice of the next meeting of members.
14-3-1622. (a) Each domestic corporation and each foreign corporation authorized to transact business in this state shall deliver to the Secretary of State for filing an annual registration that sets forth:
(1) The name of the corporation and the state or country under whose law it is incorporated;
(2) The street address and county of its registered office and the name of its registered agent at that office in this state;
(3) The mailing address of its principal office, if any; and (4) The names and respective addresses of its chief executive officer, chief financial officer, and secretary, or individuals holding similar positions. (b) Information in the annual registration must be current as of the date the annual registration is executed on behalf of the corporation. (c) The first annual registration must be delivered to the Secretary of State between January 1 and April 1, or such other date as the Secretary of State may specify by rules or regulations, of the year following the calendar year in which a domestic corporation was incorporated or a foreign corporation was authorized to transact business. Subsequent annual registrations must be delivered to the Secretary of State between January 1 and April 1, or such other date as the Secretary of State may specify by rules or regulations, of the following calendar years. (d) If an annual registration does not contain the information required by this Code section, the Secretary of State shall promptly notify the reporting domestic or foreign corporation in writing and return the report to it for correction. If the report is corrected to contain the information required by this Code section and delivered to the Secretary of State within 30 days after the effective date of notice, it is deemed to be timely filed.
ARTICLE 17
14-3-1701. (a) Subject to the limitations of subsection (b) of this Code section, this chapter shall apply:
(1) To all nonprofit corporations, existing on or formed after July 1, 1991, including nonprofit corporations organized under any prior general corporation law of this state or under Chapter 3 of Title 14 of the Official Code of Georgia Annotated in effect prior to July 1, 1991, that is repealed by this chapter;
(2) To all nonprofit corporations created by special Act of the General Assembly as to which power has been reserved to withdraw the franchise;
(3) To any nonprofit corporation, organization, or association, to the extent that the former general corporation law of this state or any of its provisions or this chapter or any of its provisions specifically have been or shall be made applicable to such corporation, organization, or association; and
(4) To any corporation organized under any statute of this state or if it were originally created by special Act of the General Assembly without reservation of power to withdraw the franchise, if under any prior general corporation law of this state applicable to nonprofit corporations such corporation either has amended its charter or has been a party to a merger or a consolidation, and also to any such corporation which after July 1, 1991, in an amendment to its articles of incorporation or restatement of the articles of incorporation or in a merger or a consolidation, elects to be subject to this chapter. Any such corporation shall have all the rights, privileges, franchises, immunities, and powers and shall be subject to all the duties, liabilities, and disabilities of a corporation to which this chapter applies as well as of the statute or special Act by which such corporation was originally created; but in the event of a conflict between such statute or special Act and this chapter, such statute or special Act shall govern, (b) This chapter shall not apply:

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JOURNAL OF THE HOUSE,

(1) To corporations organized under a statute of this state other than either this chapter or any prior general corporation law, except to the extent that the former general corporation law of this state applicable to nonprofit corporations or any of its provisions or this chapter or any of its provisions specifically have been or shall be made applicable to such corporations;
(2) To any corporation originally created by special Act of the General Assembly as to which power has not been reserved to withdraw the franchise, except as otherwise provided in subsection (a) of this Code section;
(3) To any corporation originally created by special Act of the General Assembly as to which power has been reserved to withdraw the franchise, if the purpose of the corporation would require its organization to take place under a statute other than this chapter, if it were being organized after July 1, 1991, except to the extent that the former general corporation law of this state or any of its provisions or this chapter or any of its provisions specifically have been or shall be made applicable to corporations organized for that purpose;
(4) To any public authority created by special Act of the General Assembly, except to the extent that the former general corporation law of this state or any of its provisions or this chapter or any of its provisions specifically have been or shall be made applicable to such public authority; or
(5) To corporations of any class to the extent that such class is specifically exempted from this chapter or any of its provisions.
(c) This chapter shall not impair the existence of any nonprofit corporation existing on July 1, 1991. Subject to Code Section 14-3-610, any such existing corporation to which this chapter is applicable and its members, directors, and officers shall have the same rights and be subject to the same limitations, restrictions, liabilities, and penalties as a corporation formed under this chapter and its members, directors, and officers.
(d) If the articles of incorporation, charter, or bylaws of a corporation in existence on July 1, 1991, contain any provisions that were not authorized or permitted by the prior general corporation law of this state but which are authorized or permitted by this chapter, the provisions of the articles of incorporation, charter, or bylaws shall be valid on and from that date, and action may be taken on and from that date in reliance on those provisions.
(e) This chapter shall apply to commerce with foreign nations and among the several states only insofar as the application may be permitted under the Constitution and laws of the United States.
14-3-1702. A foreign corporation transacting business in this state on or after July 1, 1991, is subject to this chapter. A foreign corporation that is authorized to transact business or conduct affairs in this state on July 1, 1991, is not required to obtain a new certificate of authority.
14-3-1703. (a) Except as provided in subsection (b) of this Code section, the repeal of a statute by this chapter does not affect:
(1) The operation of the statute or any action taken under it before its repeal;
(2) Any ratification, right, remedy, privilege, obligation, or liability acquired, accrued, or incurred under the statute before its repeal, except as provided in Code
Section 14-3-1408; but the same, as well as actions that are pending on July 1, 1991,
may be asserted, enforced, prosecuted, or defended as if the prior statute has not been
repealed;
(3) Any violation of the statute, or any penalty, forfeiture, or punishment incurred
because of the violation, before its repeal;
(4) Transactions validly entered into before July 1, 1991, and the rights, duties,
and interests flowing from them shall remain valid thereafter and may be terminated,
completed, consummated, or enforced as required or permitted by any statute
repealed by this chapter as though the repeal had not occurred;
(5) Any proceeding, reorganization, or dissolution commenced under the statute
before its repeal, and the proceeding, reorganization, or dissolution may be completed
in accordance with the statute as if it had not been repealed; or

THURSDAY, FEBRUARY 28, 1991

1511

(6) Any meeting of members or directors or action by written consent noticed or any action taken before its repeal as a result of a meeting of members or directors or action by written consent, (b) If a penalty or punishment imposed for violation of a statute repealed by this chapter is reduced by this chapter, the penalty or punishment if not already imposed shall be imposed in accordance with this chapter."
Section 2. Said title is further amended by striking Code Section 14-5-40, relating to the applicability of Chapter 3 of Title 14, and inserting in lieu thereof a new Code Section 14-5-40 to read as follows:
"14-5-40. Chapter 3 of this title shall be fully applicable to all nonprofit corporations organized for religious, fraternal, or educational purposes, including incorporated churches, religious and fraternal societies, schools, academies, colleges, or universities which are 'nonprofit corporations' as that term is defined in paragraph {&) (21) of Code Section 14-3-2 14-3-140."
Section 3. This Act shall become effective on July 1, 1991.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

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, by substitute, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken
Alford
Y Atkins Y Baker Y Balkcom Y Barfoot
Bargeron Y Barnett,B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong
Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell
Canty Y Carrell Y Carter Y Chafm Y Chambless Y Cheeks Y Childers Y Clark,E
Y Clark.H

Y Clark,L Y Coker Y Coleman Y Colwell Y Connell
Y Culbreth Y Cummings.B Y Cummings.M Y Davis,G Y Davis.M
Dixon.H
Y Dixon,S Y Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover
Y Hamilton Y Hammond
Hanner Y Harris.B Y Harris,J Y Heard Y Henson

Y Herbert Y Hightower Y Holland Y Holmes Y Howard
Y Hudson Y Irwin
Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston
Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee
Long
Lord
Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey Y McKinney.B
McKinney.C Y Meadows Y Merritt Y Milam
Y Mills

Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock
Y Padgett Y Parham Y Parrish
Y Patten Y Pelote Y Perry
Y Pettit Y Pinholster
Pinkston
YPoag
Porter
Poston Y Powell,A Y Powell.C Y Purcell Y Randall
YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L

Y Smith.P Y Smith.T Y Smith,W
Smyre YSnow
Y Stancil.F Y Stancil.S
Stanley Y Stephens
Y Streat Y Taylor Y Teper Y Thomas.C Y Thornas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert
Townsend Turnquest Y Twiggs Y Valenti Y Vaughan Walker.J Y Walker.L Y Wall Y Ware Y Watson
Y Watts Y White Y Wilder Y Williams.B Y Williams,J Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 158, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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JOURNAL OF THE HOUSE,

HB 707. By Representatives Balkcom of the 140th, McKelvey of the 15th, Moultrie of the 93rd and Meadows of the 91st:
A bill to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions applicable to the "Georgia Boat Safety Act," so as to define a certain term; to repeal certain provisions relating to a penalty for late renewal of boat registrations.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 106, nays 5.
The Bill, having received the requisite constitutional majority, was passed.

The following Resolutions of the House favorably reported by the Committee on Rules, were read and adopted:

HR 381. By Representatives Long of the 142nd, Royal of the 144th, Titus of the 143rd and Patten of the 149th:
A resolution commending Trooper First Class Henry W. "Hank" Fielding, Jr., and inviting him to appear before the House of Representatives.

HB 383. By Representative Ray of the 98th:
A resolution commending the Fifth Annual Georgia Peach Festival and inviting a representative of the festival to appear before the House; and for other purposes.

Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
HB 550. By Representatives Smyre of the 92nd, Oliver of the 53rd, McKelvey of the 15th and Martin of the 26th:
A bill to amend Part 1 of Article 6 of Chapter 9 of Title 34, relating to the payment of compensation for medical attention, so as to authorize the assessment of a penalty against an employer for the failure to pay medical benefits within a certain time period.
The following Committee substitute was read and adopted:
A BILL
To amend Part 1 of Article 6 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the payment of compensation for medical attention, so as to authorize the assessment of a penalty against an employer for the failure to pay medical benefits within a certain time period; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 1 of Article 6 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the payment of compensation for medical attention, is amended by striking Code Section 34-9-200, relating to compensation for medical care, artificial members, and other treatment and supplies, in its entirety and inserting in its place a new Code Section 34-9-200 to read as follows:

THURSDAY, FEBRUARY 28, 1991

1513

"34-9-200. (a) The employer shall furnish the employee entitled to benefits under this chapter such medical, surgical, and hospital care and other treatment, items, and services which are prescribed by a licensed physician, including medical and surgical supplies, artificial members, and prosthetic devices and aids damaged or destroyed in a compensable accident, which in the judgment of the State Board of Workers' Compensation shall be reasonably required and appear likely to effect a cure, give relief, or restore the employee to suitable employment.
(b) Where the employer is obligated to furnish medical, surgical, and hospital care and other treatment, items, and services as provided in subsection (a) of this Code section, payment for such services shall be made not later than 60 days after receipt of charges by the employer, provided that such charges are submitted properly by the employee or the provider of treatment or services on appropriate forms prescribed by the board with all supporting office notes, consultation reports, hospital records, admission and discharge summaries, and other supporting narrative as required by rules of the board. If the employer fails to make payments for medical benefits required by subsection (a) of this Code section within 60 days following receipt of properly submitted charges with supporting narrative, the administrative law judge or the board, in his or its discretion, shall be authorized to assess a penalty of 20 percent of the amount of such charges for medical benefits and to direct the payment of the penalty to the provider of the treatment or services.
{b} (c) Upon the request of an employee or an employer, the board may in its judgment, after giving notice in writing of the request to all interested parties and allowing any interested party ten days from the date of said notice to file in writing its objections to the request, order a change of physician or treatment and designate other treatment or another physician; and, in such case, the expenses shall be borne by the employer upon the same terms and conditions as provided in subsection (a) of this Code section.
{e) (d) The refusal of the employee without reasonable cause to accept either medical, surgical, or hospital care or other treatment, as provided by this Code section, when ordered by the board, shall entitle the board in its discretion to suspend or reduce the compensation otherwise payable to such employee unless in the opinion of the board the circumstances justify the refusal, as determined in the manner provided under Code Section 34-9-100. The board may require recommendations from a panel of specialists in determining whether or not suspension or reduction of compensation is justified.
{d} (e) If an emergency arises and the employer fails to provide the medical or other care as specified in this Code section, or if other compelling reasons force the employee to seek temporary care, the employee is authorized to seek such temporary care as may be necessary. The employer shall pay the reasonable costs of the temporary care if ordered by the board."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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, by substitute, the roll call was ordered and the vote was as follows:

Abernathy N Adams Y Aiken Y Alford Y Atkins
Baker Y Balkcom N Barfoot Y Bargeron
Y Barnett,B Y Barnett,M N Bates Y Beatty Y Benefield

Y Birdsong N Blitch Y Bordeaux Y Bostick
Y Branch N Breedlove
Y Brooks Y Brown N Brush YBuck Y Buckner
Byrd Y Campbell
Canty

N Carrell N Carter
Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.H N Clark.L Y Coker Y Coleman N Colwell
Connell Y Culbreth

Cummings,B Cummings.M Y Davis.G N Davis.M Dixon.H
Y Dixon.S Dobbs
Y Dover Dunn Edwards
N Elliott Felton
Y Fennel N FIoyd.J.M

N Floyd.J.W Y Flynt
N Godbee N Golden Y Goodwin Y Green Y Greene Y Griffin
Groover Y Hamilton Y Hammond
Manner Y Harris.B Y Harris.J

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JOURNAL OF THE HOUSE,

Y Heard Y Henson Y Herbert Y Hightower
N Holland Y Holmes Y Howard N Hudson N Irwin Y Jackson
Jamieson Jenkins Y Jones Y Kilgore YKing
N Kingston Y Klein YLadd
Lane,D Y Lane,R Y Langford Y Lawrence

Lawson YLee
Long Lord Y Lucas Lupton NMann Martin Y McCoy Y McKelvey McKinney.B McKinney.C N Meadows Y Merritt N Milam Y Mills Y Mobley
N Moody Y Morsberger N Moultrie N Mueller N Oliver.C

Y Oliver.M YOrr Y Orrock Y Padgett Y Farham Y Parrish N Patten Y Pelote N Perry
Pettit N Pinholster
Pinkston YPoag
Porter
Poston N Powell,A Y Powe!l,C N Purcell Y Randall YRay N Reaves Y Redding

Ricketson Y Royal Y Selman Y Sherrill
Simpson Y Sinkfield
Skipper N Smith.L Y Smith,P
Smith.T Y Smith.W Y Smyre YSnow
Y Stancil.F Y Stancil.S Y Stanley Y Stephens N Streat Y Taylor
Teper Thomas.C Y Thomas.M

Y Thomas.N Y Thurmond N Titus Y Tolbert
Townsend Turnquest Twiggs Y Valenti Y Vaughan Walker,J Y Walker.L Y Wall Y Ware
Watson Y Watts Y White N Wilder Y Williams.B
Williams.J Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 102, nays 37.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Colwell of the 4th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 550.

HB 474. By Representatives Orrock of the 30th, Morsberger of the 62nd, Redding of the 50th and Selman of the 32nd:
A bill to amend Chapter 28 of Title 43 of the Official Code of Georgia Annotated, relating to the licensing of occupational therapists, so as to change definitions, to authorize the State Board of Occupational Therapy to contract for examination services; to modify licensure and examination requirements.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 28 of Title 43 of the Official Code of Georgia Annotated, relating to the licensing of occupational therapists, so as to change definitions, to authorize the State Board of Occupational Therapy to contract for examination services; to modify licensure and examination requirements; to provide for limited permits and the use of certain letters; to provide for use of physical agent modalities and requirements and rules relating thereto; to provide for the imposition of a fine; to modify license renewal procedures; to modify exceptions for operation of the chapter; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 28 of Title 43 of the Official Code of Georgia Annotated, relating to the licensing of occupational therapists, is amended by striking paragraph (5) of Code Section 43-28-3, relating to definitions, in its entirety and inserting in lieu thereof a new paragraph (5) to read as follows:
"(5) 'Occupational therapy" includes but is not limited to the following: (A) Evaluation and treatment of individuals whose abilities to cope with the tasks
of living are threatened or impaired by developmental deficiencies, the aging process, learning disabilities, poverty and cultural differences, physical injury or disease, psychological and social disabilities, or anticipated dysfunction. The treatment utilizes

THURSDAY, FEBRUARY 28, 1991

1515

taak-oricntcd task oriented activities to prevent or correct physical^ cognitive, or emotional deficiencies or to minimize the disabling effect of these deficiencies in the life of the individual;
(B) Such evaluation techniques as assessment of sensory motor abilities, assessment of the development of self-care activities and capacity for independence, assessment of the physical capacity for prevocational and work tasks, assessment of play and leisure performance, and appraisal of living areas for the handicapped; and
(C) Specific occupational therapy techniques, such as activity analysis, activities of daily living skills, the fabrication and application of splinting splints and adaptive devices, sensory motor activities, the use of specifically designed manual and creative activities, guidance in the selection and use of adaptive equipment, specific exercises and physical agent modalities to enhance physical functional performance, work capacities, and treatment techniques for physical capabilities far werk- activities and cognitive retraining. Such techniques are applied in the treatment of individual patients or clients, in groups2 or through social systems."
Section 2. Said chapter is further amended by striking paragraphs (7) and (8) of Code Section 43-28-3, relating to definitions, and inserting in lieu thereof new paragraphs to read as follows:
"(7) 'Occupational therapy assistant' means a person licensed to assist the occupational therapist in the practice of occupational therapy under the supervision of or with the consultation of the licensed occupational therapist and whose license is in good standing.
(8) 'Person' means a natural person only, not a legal entity. (9) 'Physical agent modalities' means treatment techniques which utilize heat, light, sound, cold, electricity, or mechanical devices and also means electrical therapeutic modalities which induce heat or electrical current beneath the skin, including but not limited to therapeutic ultrasound, galvanism, microwave, diathermy, and electromuscular stimulation, and also means hydrotherapy."
Section 3. Said chapter is further amended by striking subsection (b) of Code Section 43-28-7, relating to the general powers and duties of the State Board of Occupational Therapy, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The board shall have the responsibility of evaluating the qualifications and supervising the examinations providing for the examination of applicants for licensure under this chapter and shall assist the joint-secretary in carrying out this chapter. The joint-secretary shall have the authority to contract with an outside agency for services providing for the supervision and administration of the examination as needed."
Section 4. Said chapter is further amended by adding after Code Section 43-28-8 a new Code section to read as follows:
"43-28-8.1. (a) No person shall utilize occupational therapy techniques involving physical agent modalities unless such person:
(1) Is licensed according to this chapter; and (2) Has utilized such modalities before July 1, 1991, furnishes to the board prior to July 1, 1992, sufficient proof of such prior use, and demonstrates to the board competence in the use of such modalities determined by the board to have been so used prior to July 1, 1991; or (3) Has successfully completed a minimum of 90 hours of instruction or training approved by the board which covers the following subjects:
(A) Principles of physics related to specific properties of light, water, temperature, sound, or electricity, as indicated by selected modality;
(B) Physiological, neurophysiological, and electrophysiological, as indicated, changes which occur as a result of the application of the selected modality;
(C) The response of normal and abnormal tissue to the application of the modality;
(D) Indications and contraindications related to the selection and application of the modality;

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(E) Guidelines for treatment or administration of the modality within the philosophical framework of occupational therapy;
(F) Guidelines for educating the patient including instructing the patient to the process and possible outcomes of treatment, including risks and benefits;
(G) Safety rules and precautions related to the selected modality; (H) Methods for documenting the effectiveness of immediate and long-term effects of treatment; and (I) Characteristics of the equipment including safe operation, adjustment, and care of the equipment. (b) The board shall promulgate rules and regulations specifically pertaining to the use of physical agent modalities by a person licensed under this chapter."
Section 5. Said chapter is further amended by striking paragraph (2) of subsection (a) of Code Section 43-28-9, relating to the qualifications of license applicants, in its entirety and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) Has successfully completed the academic requirements of an educational program in occupational therapy recognized by the board, with concentration in biological or physical science, psychology, and sociology and with education in selected manual skills. For an occupational therapist, such a program shall be accredited by the American Occupational Therapy Association in collaboration with the American Medical Association. For an occupational therapy assistant, such a program shall be approved by the American Occupational Therapy Association^ Other comparable educational programs such as those approved by the World Federation of Occupational Therapists may be recognized by the board upon evaluation of detailed program and course content;"
Section 6. Said chapter is further amended by striking Code Section 43-28-10, relating to examinations generally, in its entirety and inserting in lieu thereof a new Code Section 43-28-10 to read as follows:
"43-28-10. (a) A person applying for licensure shall demonstrate his eligibility in accordance with the requirements of Code Section 43-28-9 and shall make application for examination upon a form and in such a manner as the board shall prescribe. Such application shall be accompanied by the fee prescribed by the board. A person who fails an examination may make reapplication for reexamination accompanied by the prescribed fee.
(b) Each applicant for licensure under this chapter shall be examined by the board in written examination to test his knowledge of the basic and clinical sciences relating to occupational therapy and occupational therapy theory and practice, including the applicant's professional skills and judgment in the utilization of occupational therapy techniques and methods and such other subjects as the board may deem useful to determine the applicant's fitness to practice. The board shall establish the standards for acceptable performance by the applicant.
(c) Examinations shall be given at least twice a year and the joint-secretary shall give reasonable public notice ef such examinations in accordance with his rates and reg-
vidual applicants for the examination ef the time and pktee ef their administration. (d) Applicants may obtain their examination scores and may review their papers in
accordance with such rules and regulations as the board may establish."
Section 7. Said chapter is further amended by striking Code Section 43-28-11, relating to the waiver of examination and reciprocity, in its entirety and inserting in lieu thereof a new Code Section 43-28-11 to read as follows:
"43-28-11. te) T-he board shall waive the examination and grant a license te any person certified prior to duly T; J.yb, ds 8ft oecupfl11onfti tnefflpist registered \\J i *\) or ds ft certiiled occupstionfli mopflpy ftssistsnt \\j\) i. n) Dy tfte AHiencftR trcctipdt'tottfti
perse se certified after tJly 4j 1076, if the board considers the requirements (or certification te be equivalent te the requirements for licensure in this chapter.
{te} The board may waive the examination and grant a license to any applicant who shall present proof of current licensure as an occupational therapist or an occupational

THURSDAY, FEBRUARY 28, 1991

1517

therapy assistant in another state, the District of Columbia, or territory of the United States, which requires standards for licensure considered by the board to be equivalent to the requirements for licensure of this chapter.
{) 3%e beard sfeaH waive th education and experience requirements tot liccnaurc i paragraphs {2} and {3} ef Code Section 43-28-0 fef applicants for liccnaufc whe present evidence %o tne DOflFd tnot tttey nsve Deen eng&ged m tne prsctice of occupQtionfti oftepftpy OR flnd prior to tiuiy xy iu <o. teucn prooi of QCtufli prftctice sncui oe presented to the oofifd HS 8ucn ft in&nme? tts rt nifty prescri DC oy re^u1fition. lo outsin tne oen.eii'c ef this waiver, aa applicant shall file an application fe* examination ne late* tha one
frnm -Tnlv 4-- 1 *Y7fi "
Section 8. Said chapter is further amended by striking Code Section 43-28-12, relating to the issuance of licenses, in its entirety and inserting in lieu thereof a new Code Section 43-28-12 to read as follows:
"43-28-12. (a) The board shall issue a license to any person who meets the requirements of this chapter upon payment of the license fee prescribed.
(b) The board shall issue a limited permit to persons who have completed the education and experience requirements of this chapter. This permit shall allow the person to practice occupational therapy under the supervision of an occupational therapist who holds a current license in this state and shall be valid until the date on which the results of the next qualifying examination have been made public. This limited permit shall not be renewed if the applicant has failed the examination.
(c) The board may issue a limited permit to persons who have successfully completed a certification examination approved by the board. This permit shall allow the person to practice occupational therapy for a period not to exceed 90 days under the supervision of an occupational therapist who holds a current license in this state.
{e} (d) Any person who is issued a license as an occupational therapist under the terms of this chapter may use the words 'occupational therapist registered,' 'licensed occupational therapist,' or 'occupational therapist,' or he may use the letters 'O.T.R.,' 'L.O.T.,' er '(XT./ or 'O.T.R./L.' in connection with his name or place of business to denote registration under this chapter.
{d} (e) Any person who is issued a license as an occupational therapy assistant under the terms of this chapter may use the words 'occupational therapy assistant,' 'licensed occupational therapy assistant,' or 'certified occupational therapy assistant' or may use the letters 'O.T.A.,' 'L.O.T.A.,' er 'C.O.T.A./ or 'C.O.T.A./L.' in connection with his name or place of business."
Section 9. Said chapter is further amended by striking Code Section 43-28-13, relating to the disciplining of licenses, in its entirety and inserting in lieu thereof a new Code Section 43-28-13 to read as follows:
"43-28-13. (a) The board shall, after notice and opportunity for hearing, have the power to deny or refuse to renew, suspend, or revoke the license of, or impose a fine or probationary conditions upon, any licensee who has been guilty of unprofessional conduct which has endangered or is likely to endanger the health, welfare, or safety of the public. Such unprofessional conduct includes:
(1) Obtaining or attempting to obtain a license by fraud, misrepresentation, or concealment of material facts;
(2) Being guilty of unprofessional conduct as defined by the rules and regulations established by the board; or
(3) Being convicted of a crime other than minor offenses defined as 'minor misdemeanors,' 'violations,' or 'offenses' in any court if the acts for which he was convicted are found by the board to have a direct bearing on whether he should be entrusted to serve the public in the capacity of an occupational therapist or occupational therapy assistant. (b) Such denial, refusal to renew, suspension, revocation, or imposition of a fine or probationary conditions upon a license licensee may be ordered by the board in a decision made after a hearing in the manner provided by the rules and regulations adopted by the board. One year from the date of revocation of a license, application may be

1518

JOURNAL OF THE HOUSE,

made to the board for reinstatement. The board shall have the discretion to accept or reject an application for reinstatement and may, but shall not be required to, hold a hearing to consider such reinstatement."
Section 10. Said chapter is further amended by striking Code Section 43-28-14, relating to the renewal of licenses, in its entirety and inserting in lieu thereof a new Code Section 43-28-14 to read as follows:
manner prescribed by the rates and regulations ef the joint-secretary upon th payment
Or ft fCnCWfll ICC* 1116 OOflPQ IBfty 861 ft PCQU1PCQ HUIHD6F 0r COHt1HUID^ CQUCftLlOtl tttlltS
ef krte renewal feer Any license which has net been restored within five years following its expiration may not DC renewed, restored, or reissued tncrcaitcr. 1 ne nolder of sucn a canceled license may apply tor and oDtain ft valid license only upon compliance witn aH relevant requirements fer issuance ef a aew license. All licenses shall expire biennially. Each person licensed under this chapter is responsible for renewing his license before the expiration date. Application for renewal shall be completed in the manner prescribed in the rules and regulations of the joint-secretary and shall include the payment of a renewal fee. The board may set and require a specific number of continuing education hours for license renewal.
(b) The board may provide for late renewal of a license upon payment of a late renewal fee, proof of continuing education as set by the board, and completion of an appropriate form. Any license which is not renewed during the specified renewal period will be revoked for failure to renew. The holder of such a canceled license may apply for and obtain a valid license only upon compliance with all relevant requirements for reinstatement.
{b) (c) A suspended license is subject to expiration and may be renewed as provided in this Code section, but such renewal shall not entitle the licensee, while the license remains suspended and until it is reinstated, to engage in the licensed activity or in other conduct or activity in violation of the order or judgment by which the license was suspended. If a license revoked on disciplinary grounds is reinstated, the licensee, as a condition of reinstatement, shall pay the renewal fee and any late fee that may be applicable."
Section 11. Said chapter is further amended by striking Code Section 43-28-15, relating to exceptions, in its entirety and inserting in lieu thereof a new Code Section 43-28-15 to read as follows:
"43-28-15. Nothing in this chapter shall be construed as preventing or restricting the practice, services, or activities of:
(1) Any person licensed under any other law of the state, including but not limited to physicians, and persons working under the supervision of physicians, nurses, clinical psychologists, speech pathologists and audiologists, dentists, and physical therapists, from engaging in the profession or occupation for which he is licensed;
(2) Any person employed as an occupational therapist or an occupational therapy assistant by the government of the United States if such a person provides occupational therapy solely under the direction or control of the organization by which he is employed;
(3) Any person pursuing a course of study leading to a degree or certificate in occupational therapy in an educational program which is approved by the American Occupational Therapy Association in collaboration with the American Medical Association and if such person is designated by a title which clearly indicates his status as a student or trainee;
(4) Any person fulfilling the supervised field work experience requirements of Code Section 43-28-9 if such activities and services constitute a part of the experience necessary to meet the requirement of that Code section;
(5) Any person enrolled in a course of study designed to develop advanced occupational therapy skills when the occupational therapy activities are required as part of an educational program sponsored by an educational institution approved by the

THURSDAY, FEBRUARY 28, 1991

1519

board and conducted under the supervision of an occupational therapist licensed under this chapter. If such person provides occupational therapy services outside the scope of the educational program, he shall then be required to be licensed in accordance with this chapter;
46) (6) Any person performing occupational therapy services as a consultant in association with an occupational therapist licensed ander this chapter occupational therapist or occupational therapy assistant licensed or certified by an agency recognized by the board providing consultation, as defined by rule, related to direct patient care if such services are performed for not more than 30 days in a calendar year; or
46) (7) Any person employed as an occupational therapy aide and working under the direct supervision of an occupational therapist licensed in this statef or
W--Recreational therapists."
Section 12. All laws and parts of laws in conflict with this Act are repealed.

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, by substitute, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett,M
Y Bates Y Beatty Y Benefield Y Birdsong
Blitch Y Bordeaux
Y Bostick Y Branch Y Breedlove
Y Brooks Y Brown Y Brush
YBuck Y Buckner
YByrd Y Campbell
Canty Y Carrel! Y Carter Y Chafin Y Chambless
Y Cheeks Y Childers
Y Clark,E Y Clark,H

Y Clark,L
Y Coker Y Coleman
Y Colwell
Y Connell
Y Culbreth
Y Cummings.B Cummings,M
Y Davis.G Y Davis,M Y Diion.H
Dixon,S
Y Dobbs
Y Dover Dunn
Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W YFlynt Y Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin
Groover
Y Hamilton
Y Hammond
Y Banner
Y Harris.B
Y Harris,J
Y Heard
Y Henson

Y Herbert
Y Hightower
Y Holland
Y Holmes
Y Howard
Y Hudson
Ylrwin
Y Jackson
Jamieson Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson YLee Long YLord
Lucas Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney,B McKinney.C Y Meadows Y Merritt YMilam Mills

Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr YOrrock
Y Padgett Y Parham Y Parrish
Y Patten Y Pelote Y Perry
Pettit Y Pinholster
Pinks ton YPoag
Porter Poston Y PowelLA Y Powell.C Y Purcell Y Randall YRay Y Reaves Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L

Y Smith.P Y Smith.T Y Smith,W
Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus
Tolbert
Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J
Walker.L Y Wall
Ware Y Watson Y Watts Y White Y Wilder Y Williams.B Y Williams,J Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 155, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:

1520

JOURNAL OF THE HOUSE,

The Senate has adopted by the requisite constitutional majority the following Resolution of the Senate

SR 247. By Senators Deal of the 49th and Garner of the 30th: A resolution relative to adjournment.

The following Resolution of the Senate was read:

SR 247. By Senators Deal of the 49th and Garner of the 30th

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, March 1, 1991, and shall reconvene on Tuesday, March 5, 1991.
BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hour for convening the Senate on March 5 may be as ordered by the Senate; and the hour for convening the House on March 5 may be as ordered by the House.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett,B
Y Barnett,M Y Bates Y Beatty Y Benefield Y Birdsong
Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd
Campbell Y Canty Y Carrell Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.H

Y Clark.L Coker
Y Coleman Y Colwell
Y Connell Y Culbreth Y Cummings,B
Y Cummings.M Y Davis.G Y Davis.M Y Dixon.H
Dixon.S Y Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris.J
Y Heard Y Henson

Y Herbert Y Hightower Y Holland
Y Holmes Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane,D Y Lane.R Y Langford Y Lawrence Y Lawson YLee
Long YLord
Lucas Lupton Y Mann
Y Martin Y McCoy Y McKelvey Y McKinney.B Y McKinney.C
Meadows Y Merritt
Milam
Y Mills

Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Y Oliver.C Oliver.M
YOrr Orrock Padgett
Y Parham Y Parrish
Patten Y Pelote Y Perry
Pettit Y Pinholster
Pinkston YPoag Y Porter
Poston Y Powell.A Y Powell.C Y Purcell Y Randall
Ray Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill
Y Simpson Y Sinkfield
Y Skipper Y Smith.L

On the adoption of the Resolution, the ayes were 156, nays 0. The Resolution was adopted.

Y Smith.P Y Smith.T Y Smith, W
Y Smyre Snow
Y Stancil.F
Y Stancil.S Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert
Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall
Ware
Y Watson Y Watts Y White Y Wilder Y Williams.B Y Williams.J Y Williams.R
Y Yeargin Murphy.Spkr

THURSDAY, FEBRUARY 28, 1991

1521

Representative Coker of the 21st stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:

HB 671. By Representative Purcell of the 129th:
A bill to amend Code Section 40-6-3 of the Official Code of Georgia Annotated, relating to the application of the uniform rules of the road to highways and exceptions to such requirements, so as to provide that the uniform rules of the road shall apply to vehicles operated within a privately owned residential area under certain circumstances.

The following amendment was read and adopted:

The Committee on Motor Vehicles moves to amend HB 671 as follows: Page 2 - Line 1 After the word "petition" insert the following: "signed by 50% of the property owners located in said subdivision".

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, as amended, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken
Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty
Benefield Y Birdsong
Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd
Y Campbell Y Canty Y Carrell
Y Carter Y Chafin
Chambless Y Cheeks Y Childers Y Clark.E Y Clark.H

Y Clark.L Y Coker Y Coleman
Colweil Y Connell Y Culbreth Y Cummings,B Y Cummings.M Y Davis.G Y Davis.M
Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M
Y Floyd,J.W Flynt
Y Godbee Y Golden Y Goodwin Y Green
Greene Y Griffin
Groover Y Hamilton Y Hammond
Y Manner Y Harris.B
Y Harris,J Y Heard Y Henson

Y Herbert Y Hightower Y Holland
Y Holmes Y Howard Y Hudson Ylrwin
Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane,D Y Lane.R Y Langford Y Lawrence Y Lawson YLee
Long
Lord Y Lucas
Lupton Y Mann Y Martin Y McCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Merritt
Milam Mills

Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C Oliver.M YOrr Orrock Y Padgett Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinks ton Poag Porter Poston Y Powell,A Y Powell.C Y Purcell Y Randall
YRay Y Reaves
Redding Y Ricketson
Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L

Y Smith,? Y Smith.T
Smith.W Smyre Y Snow Y Stancil.F Y StanciLS Y Stanley Y Stephens
Y Street Y Taylor
Teper
Thomas.C Y Thomas.M
Thomas.N Y Thurmond Y Titus Y Tolbert
Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan N Walker.J
Walker,L
Y Wall Ware
Y Watson Y Watts Y White Y Wilder Y Williams.B Y Williams,J Y Williams.R Y Yeargin
Murphy.Spkr

1522

JOURNAL OF THE HOUSE,

On the passage of the Bill, as amended, the ayes were 146, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Royal of the 144th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Walker of the 113th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 744. By Representative Hamilton of the 124th:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to provide for the approval of pilot projects to allow decategorization of funds for local units of administration or schools engaged in such projects; to provide criteria for pilot projects; to provide for review of pilot projects.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to provide for the approval of pilot projects to allow decategorization of funds for local units of administration or schools engaged in such projects; to provide criteria for pilot projects; to provide for review of pilot projects; to provide for reports; to provide for the identification of dropouts and students at risk of failing to complete their education; 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. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, is amended by adding to Code Section 20-2-250, relating to projects to improve effectiveness, a new subsection (d) to read as follows:
"(d) (1) In order to better address the needs of dropouts and students at risk of failing to complete their education or to improve the school climate, as defined in subsection (a) of Code Section 20-2-155, the State Board of Education shall approve pilot projects that allow schools, clusters of schools, or school systems to decategorize funds received under Code Section 20-2-161. The state board shall appoint an interdisciplinary review panel consisting of students, parents, educators, and representatives from business, the community, and the Department of Human Resources to evaluate all submitted proposals and to submit appropriate recommendations to the state board.
(2) Pilot projects must meet the following criteria: (A) Address the needs of dropouts and at-risk students who meet two or more
of the criteria listed in the Department of Education Rule numbers 160-4-8.06 and 160-4-8.07 or improve the school climate as defined in subsection (a) of Code Section 20-2-155;
(B) Develop a plan for such a pilot project using an interdisciplinary committee composed of students, parents, educators, and representatives from business, the community, the Department of Human Resources, and others as appropriate;
(C) Ensure that the plan for the pilot project becomes a component of the local strategic plan;

THURSDAY, FEBRUARY 28, 1991

1523

(D) Provide for a program evaluation; (E) No funds may be expended for any program or service explicitly excluded from the full-time equivalent count in subsection (a) of Code Section 20-2-160; and (F) No funds may be expended for transitional programs, such as transitional kindergarten or first grade, or for any other program designed for students retained rather than promoted to the next grade. (3) The state board shall give priority to proposed pilot projects that focus on interagency cooperation and the joint provision of services. (4) All pilot projects shall be reviewed annually by the state board to ensure that they are meeting the goals and objectives outlined in their plan. Pilot projects that are no longer achieving their goals and objectives shall be discontinued by the state board. (5) The pilot projects shall report annually to the Appropriations and Education committees of the House of Representatives and the Senate, as well as the House Committee on Health and Ecology and the Senate Committee on Youth, Aging, and Human Ecology, the successes and failures of the project and, in conjunction with the state board, communicate project results to other school systems and develop methods for replication. (6) By July 1, 1991, for the 1992-1993 school year, and annually thereafter, all local units of administration shall identify the dropouts and students at risk who are enrolled in the school district and develop a plan describing how the school board will meet the needs of such students in grades six through 12 through curriculum modifications and alternative programs that meet the high school graduation requirements. The plan shall also describe how remedial instruction, parental involvement, and student and community support services will be used to meet the needs of the dropouts and students at risk."
Section 2. This Act shall become effective July 1, 1991, for the 1992-1993 school year.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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, by substitute, the ayes were 112, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

The Speaker announced the House in recess until 1:15 o'clock this afternoon.

1524

JOURNAL OF THE HOUSE,

AFTERNOON SESSION

The Speaker called the House to order.
The following Resolution of the House was read and referred to the Committee on Rules:
HR 415. By Representatives Adams of the 79th and Titus of the 143rd: A resolution relative to retail establishments which have price labels on shelves which contain consumer items.
The following Resolutions of the House were read and adopted:
HR 416. By Representatives Stephens of the 68th, Murphy of the 18th, Powell of the 145th, Skipper of the 116th, Coleman of the 118th and others: A resolution expressing regret at the passing of Mr. James Rayford "Jim Buck" Goff, Sr.
HR 417. By Representatives Stephens of the 68th, Mobley of the 64th, Powell of the 13th, Clark of the 13th, Lee of the 72nd and others: A resolution expressing regret at the passing of Mr. Howard Beavers.
HR 418. By Representative Jones of the 71st: A resolution commending George Hendree Harrison, Jr., on becoming an Eagle Scout.
HR 419. By Representative Valenti of the 52nd: A resolution recognizing and commending the Scottdale community in DeKalb County.
HR 420. By Representatives Hamilton of the 124th, Bordeaux of the 122nd, Merritt of the 123rd, Dixon of the 128th, Pelote of the 127th and others: A resolution expressing support for the men and women of Chatham County serving in Operation Desert Storm.
HR 421. By Representatives Adams of the 79th, Patten of the 149th, Reaves of the 147th, Murphy of the 18th, Coleman of the 118th and others: A resolution commending Honorable J. Leonard Ledbetter.
HR 422. By Representatives Vaughan of the 20th, Aiken of the 21st, Clark of the 20th (Post 3), Wilder of the 21st, Clark of the 20th (Post 4) and others: A resolution commending the public and private sector recycling efforts in Cobb County.
HR 423. By Representative Atkins of the 21st: A resolution commending Ms. Babe Atkins.

THURSDAY, FEBRUARY 28, 1991

1525

HR 424. By Representative Atkins of the 21st: A resolution commending Mr. John Davidson.

HR 425. By Representative Lord of the 107th:
A resolution commending the Washington County High School Hawks and Hawkettes basketball teams.

HR 426. By Representatives Lee of the 72nd, Benefield of the 72nd, Buckner of the 72nd, King of the 72nd and Chafin of the 72nd:
A resolution congratulating Mr. and Mrs. Glenn H. Turner on the event of their 50th wedding anniversary.

HR 427. By Representatives Buckner of the 72nd, Lee of the 72nd, Benefield of the 72nd, King of the 72nd and Chafin of the 72nd:
A resolution commending and recognizing Ms. Cindy George of Clayton County.

HR 428. By Representatives Lawson of the 9th, Jackson of the 9th and Orr of the 9th:
A resolution congratulating Central Baptist Church of Gainesville, Georgia, on its contennial.

HR 429. By Representative Mobley of the 64th:
A resolution expressing support for the men and women of Barrow County serving in Operation Desert Storm and their families.

HR 430. By Representatives Pelote of the 127th, Merritt of the 123rd, Hamilton of the 124th, Brooks of the 34th, Williams of the 54th and others:
A resolution commending Miss Tonya Scott.

HR 431. By Representatives Jackson of the 9th, Lawson of the 9th and Orr of the 9th:
A resolution commending Honorable Joe Lane Cox of Dawson County.

Under the general order of business, established by the Committee on Rules, the fol-
lowing Bills and Resolution of the House were taken up for consideration and read the third time:

HB 648. By Representatives Carter of the 146th and Patten of the 149th:
A bill to amend Code Section 12-5-42 of the Official Code of Georgia Annotated, relating to cooperative efforts for the abatement of pollution, orders of abatement, and hearings, so as to provide for cooperative efforts for the abatement of violations related to the withdrawal, diversion, or impoundment of surface water.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

1526
Abernathy Adams Y Aiken Alford Y Atkins Baker Balkcom Y Barfoot Y Bargeron Barnett,B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Bordeaux Bostick Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Buckner Byrd Y Campbell Canty Carrell Y Carter Y Chafm Chambless Y Cheeks Y Childers Y Clark,E Y Clark,H

JOURNAL OF THE HOUSE,

Clark.L Y Coker
Coleman Y Colwell Y Connell
Culbreth Y Cummings.B Y Cummings.M
Davis.G Davis.M Y Dixon,H Y Dixon,S Dobbs Dover Dunn Edwards Y Elliott Felton Fennel Y Floyd,J.M Y Floyd,J.W Flynt Y Godbee Y Golden Y Goodwin Green Greene Griffin Y Groover Hamilton Hammond Manner Y Harris.B Y Harris,J Heard Henson

Y Herbert Hightower
Y Holland Holmes
Y Howard Y Hudson
Irwin Jackson Jamieson Jenkins
Jones Kilgore YKing Kingston Y Klein Ladd Y Lane,D Y Lane,R Langford Y Lawrence Lawson Lee Long Lord
Lucas Lupton YMann Martin Y McCoy Y McKelvey McKinney,B McKinney.C Y Meadows Y Merritt Y Milam Y Mills

Y Mobley Y Moody Y Morsberger Y Moultrie
Mueller Y Oliver.C
01iver,M YOrr YOrrock Y Padgett
Parham Y Parrish Y Patten
Y Pelote Y Perry
Pettit Y Pinholster
Pinkston YPoag
Porter
Y Poston Y Powell,A Y Powell.C Y Purcell
Randall YRay
Reaves Y Redding Y Ricketeon Y Royal Y Selman
Sherrill
Simpson Sinkfield Y Skipper Y Smith.L

Y Smith.P Smith.T Smith.W Smyre
YSnow Y Stancil.F Y Stancil.S
Stanley Y Stephens Y Streat
Taylor Y Teper
Thomas.C Thomas.M Thomas.N Thurmond Y Titus Y Tolbert Townsend Y Turnquest Twiggs Valenti Y Vaughan Walker,J Walker,L Y Wall Ware Watson
Y Watts White
Y Wilder Y Williams.B
Williams,J Williams.R Yeargin Murphy,Spkr

On the passage of the Bill, the ayes were 94, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Culbreth of the 97th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 235. By Representatives Snow of the 1st, Lane of the lllth, Mobley of the 64th, McCoy of the 1st, Meadows of the 91st and others:
A bill to amend Chapter 5 of Title 45 of the Official Code of Georgia Annotated, relating to vacation of office, so as to provide for appointments to fill vacancies in the governing bodies of political subdivisions of this state notwithstanding that the remaining members of such bodies do not constitute a quorum.

The following amendment was read and adopted:

The Committee on Governmental Affairs moves to amend HB 235 by striking "may" and inserting "shall" on line 1 of page 2.

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, as amended, the ayes were 98, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.

THURSDAY, FEBRUARY 28, 1991

1527

HB 436. By Representatives Alford of the 57th, Irwin of the 57th, Teper of the 46th, Redding of the 50th, Oliver of the 53rd and others:
A bill to amend Code Section 17-6-4 of the Official Code of Georgia Annotated, relating to authorization of posting of cash bonds generally, so as to allow counties to dispose of unclaimed bonds posted for certain cases.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 106, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

The Speaker Pro Tern assumed the Chair.

HB 446. By Representative Barnett of the 59th:
A bill to amend Code Section 43-50-3 of the Official Code of Georgia Annotated, relating to definitions regarding veterinarians, so as to include certain dental procedures in the practice of veterinary medicine.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken
Alford Y Atkins Y Baker
Balkcom Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beatty Y Benefield Y Birdsong
Blitch Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Buckner
YByrd Y Campbell
Canty Y Carrell
Y Carter Y Chafm Y Chambless Y Cheeks N Childers Y Clark.E Y Clark,H

Y Clark.L Y Coker Y Coleman
Colwell Connell Y Culbreth Y Cummings.B Y Cummings.M
Davis.G Y Davis.M N Dixon.H Y Dixon.S
Dobbs Dover Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M
Y Floyd,J.W Flynt
YGodbee Y Golden N Goodwin Y Green
Y Greene Y Griffin
Groover Y Hamilton Y Hammond
N Manner Y Harris.B Y Harris,J Y Heard Y Henson

Y Herbert Hightower
Y Holland Y Holmes Y Howard Y Hudson Y Irwin
Y Jackson Jamieson Jenkins Jones
Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane,R Y Langford Y Lawrence
Lawson YLee YLong YLord Y Lucas
Lupton YMann
Martin Y McCoy Y McKelvey
McKinney.B McKinney.C Y Meadows Y Merritt Milam Y Mills

Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y 01iver,M YOrr
Y Orrock Y Padgett
Parham Y Parrish Y Patten Y Pelote Y Perry
Pettit Y Pinholster
Pinkston YPoag
Porter Y Poston Y Powell,A Y Powell.C Y Purcell
Randall
YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L

On the passage of the Bill, the ayes were 135, nays 5. The Bill, having received the requisite constitutional majority, was

Y Smith.P Smith.T
Y Smith,W Smyre
YSnow Y Stancil,F Y Stancil.S Y Stanley Y Stephens
Y Streat Y Taylor
Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus
Tolbert Townsend Turnquest Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L N Wall Ware Y Watson Y Watts White Y Wilder Y Williams,B
Williams,J Y Williams,R
Yeargin Murphy ,Spkr

1528

JOURNAL OF THE HOUSE,

HB 519. By Representative Holmes of the 28th:
A bill to amend Code Section 15-11-41 of the Official Code of Georgia Annotated, as enacted by an Act approved April 16, 1990, relating to limitations of time on orders of disposition committing a delinquent or unruly child to the Division of Youth Services, so as to provide for additional periodic reviews.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 99, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HR 151. By Representatives Wilder of the 21st, Clark of the 20th (Post 4), Pinholster of the 8th, Klein of the 21st, Aiken of the 21st and others:
A resolution urging and encouraging the United States Congress to override through legislation the decision of the Supreme Court of the United States in Pennsylvania v. Davenport.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 90, nays 14. The Chair voted "aye". On the adoption of the Resolution, the ayes were 91, nays 14. The Resolution, having received the requisite constitutional majority, was adopted.

HB 670. By Representatives Klein of the 21st, Holmes of the 28th, Heard of the 43rd and Goodwin of the 63rd:
A bill to amend Code Section 21-2-267 of the Official Code of Georgia Annotated, relating to equipment at polling places, so as to require that certain summaries of proposals to amend the Constitution or provide for a new Constitution be provided in polling places.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 106, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 758. By Representatives Thomas of the 69th and Chambless of the 133rd:
A bill to amend Article 6 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to peer review groups, so as to redefine the term "review organization" as used in such article; to change the provisions relating to confidentiality of a review organization's records.

The following Committee substitute was read and adopted:

A BILL
To amend Article 6 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to peer review groups, so as to redefine the term "review organization" as

THURSDAY, FEBRUARY 28, 1991

1529

used in such article; to change the provisions relating to confidentiality of a review organization's records; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 6 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to peer review groups, is amended by striking Code Section 31-7-131, relating to definitions, and inserting in lieu thereof a new Code Section 31-7-131 to read as follows:
"31-7-131. As used in this article, the term: (1) 'Peer review' means the procedure by which professional health care providers
evaluate the quality and efficiency of services ordered or performed by other professional health care providers, including practice analysis, inpatient hospital and extended care facility utilization review, medical audit, ambulatory care review, claims review, underwriting assistance, and the compliance of a hospital, nursing home, convalescent home, or other health care facility operated by a professional health care provider with the standards set by an association of health care providers and with applicable laws, rules, and regulations.
(2) 'Professional health care provider' means an individual who is licensed, or an organization which is approved, to practice or operate in the health care field under the laws of Georgia, including, but not limited to, the following individuals or organizations:
(A) A physician; (B) A dentist; (C) A podiatrist; (D) A chiropractor; (E) An optometrist; (F) A psychologist; (G) A pharmacist; (H) A registered or practical nurse; (I) A physical therapist; (J) An administrator of a hospital, a nursing or convalescent home, or other health care facility; (K) A corporation or other organization operating a hospital, a nursing or convalescent home, or other health care facility; and (L) A rehabilitation supplier registered with the State Board of Workers' Compensation. (3) 'Review organization' means the Joint Commission on Accreditation of Healthcare Organizations or other national accreditation body or any panel, committee, or organization which is primarily composed of professional health care providers or which provides professional liability insurance for health care providers and which engages in or utilizes peer reviews and gathers and reviews information relating to the care and treatment of patients for the purposes of: (A) Evaluating and improving the quality of health care rendered; (B) Reducing morbidity or mortality; or (C) Evaluating claims against health care providers or engaging in underwriting decisions in connection with professional liability insurance coverage for health care providers."
Section 2. Said article is further amended by striking Code Section 31-7-133, relating to confidentiality of a review organization's records, and inserting in lieu thereof a new Code Section 31-7-133 to read as follows:
"31-7-133. (a) Except in proceedings alleging violation of this article, the proceedings and records of a review organization shall be held in confidence and shall not be subject to discovery or introduction into evidence in any civil action arising out of or otherwise directly related to the matters which are the subject of evaluation and review by such organization; and no person who was in attendance at a meeting of such organization shall be permitted or required to testify in any such civil action as to any evidence or other matters produced or presented during the proceedings of such

1530

JOURNAL OF THE HOUSE,

organization or as to any findings, recommendations, evaluations, opinions, or other actions of such organization or any members thereof. However, information, documents, or records otherwise available from original sources are not to be construed as immune from discovery or use in any such civil action merely because they were presented during proceedings of such organization, nor should any person who testifies before such organization or who is a member of such organization be prevented from testifying as to matters within his knowledge; but such witness cannot be asked about his testimony before such organization or about opinions formed by him as a result of the organization hearings.
(b) This Code section shall not apply to prevent: (1) The disclosure under Article 4 of Chapter 18 of Title 50 of those documents
in the department's custody which are records, reports, or recommendations of the Joint Commission on Accreditation of Healthcare Organizations or other national accreditation body and which are provided by an institution to the department for licensure purposes under subsection (b) of Code Section 31-7-3; and
(2) The use of such documents in any proceeding involving the permitting or licensing of an institution pursuant to this chapter."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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, by substitute, the ayes were 95, nays 8.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 123. By Representatives Parham of the 105th, Barnett of the 10th and Harris of the 84th:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide for the suspension or revocation of the drivers' licenses of persons convicted of misdemeanor possession of marijuana.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide for the suspension or revocation of the drivers' licenses of persons convicted of misdemeanor possession of marijuana; to provide for reporting of suspensions to the Department of Public Safety; to provide for the time of commencement of such suspensions or revocations; to provide for the periods of suspension or revocation; to provide conditions for reinstatement or return of licenses; to provide for probationary licenses; to provide for all 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 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended by striking Code Section 40-5-75, relating to suspension of drivers' licenses for possession of controlled substances or marijuana, in its entirety and inserting in lieu thereof a new Code Section 40-5-75 to read as follows:
"40-5-75. (a) The driver's license of any person convicted of possession of a controlled substance or marijuana in violation of subsection (b) of Code Section 16-13-2 or subsection (a) or (j) of Code Section 16-13-30 shall by operation of law be suspended and such suspension shall be subject to the following terms and conditions:

THURSDAY, FEBRUARY 28, 1991

1531

(1) Upon the first conviction of any such offense, with no arrest and conviction of and no plea of nolo contendere accepted to such offense within the previous five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for not less than 420 180 days. At the end of 120 180 days, the person may apply to the Department of Public Safety for reinstatement of his driver's license. Such license shall be reinstated only if the person submits proof of completion of a certified the assessment component and either the education/intervention component or the intensive intervention component of a DUI alcohol or drug use risk reduction program as prescribed by the Department of Human Resources and pays to the Department of Public Safety a restoration fee of $35.00 or $25.00 te the Department ef Pablie Safety when such reinstatement is processed by mail. For purposes of this paragraph, a plea of nolo contendere by a person to a charge of possession of marijuana or a controlled substance in violation of subsection (b) of Code Section 16-13-2
or subsection (a) or (j) of Code Section 16-13-30 shall, except as provided in subsection (c) of this Code section, constitute a conviction;
(2) Upon the second conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of
the current arrest for which a conviction is obtained, the period of suspension shall be for three years, provided that after one year from the date of the conviction the
person may apply to the Department of Public Safety for reinstatement of his driver's license by submitting proof of completion of a certified the intensive intervention
component of a DUI alcohol or drug use risk reduction program as prescribed by the Department of Human Resources and paying to the Department of Public Safety a restoration fee of $35.00 or $25.00 te th Department ef Public Safety when such rein-
statement is processed by mail. For purposes of this paragraph, a plea of nolo contendere and all previous pleas of nolo contendere within such five-year period of time
shall constitute a conviction; and (3) Upon the third conviction of any such offense within five years, as measured
from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, such person's license shall be
suspended for a period of five years. At the end of two years, the person may apply to the Department of Public Safety for a three-year driving permit upon compliance with the following conditions:
(A) Such person has not been convicted or pleaded nolo contendere to any drug related offense, including driving under the influence, for a period of two years immediately preceding the application for such permit;
(B) Such person submits proof of completion of a licensed drug-treatment program. Such proof shall be submitted within two years of the license suspension and
prior to the issuance of the permit. Such licensed drug-treatment program shall be paid for by the offender. The offender must pay a permit fee of $25.00 to the Department of Public Safety;
(C) Such person submits proof of financial responsibility as provided in Chapter 9 of this title; and
(D) Refusal to issue such permit would cause extreme hardship to the applicant. For the purposes of this subparagraph, the term 'extreme hardship' means that the
applicant cannot reasonably obtain other transportation, and, therefore, the applicant would be prohibited from:
(i) Going to his place of employment or performing the normal duties of his occupation;
(ii) Receiving scheduled medical care or obtaining prescription drugs;
(iii) Attending a college or school at which he is regularly enrolled as a student; or
(iv) Attending regularly scheduled sessions or meetings of support organiza-
tions for persons who have addiction or abuse problems related to alcohol or other drugs, which organizations are recognized by the commissioner. (b) Whenever a person is convicted of possession of a controlled substance or mari-
juana in violation of subsection (b) of Code Section 16-13-2 or subsection (a) or (j) of

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JOURNAL OF THE HOUSE,

Code Section 16-13-30, the court in which such conviction is had shall require the surrender to it of any driver's license then held by the person so convicted and the court shall thereupon forward such license and a copy of its order to the Department of Public Safety within ten days after the conviction. The periods of suspension provided for in this Code section shall begin on the date of such person's conviction for the offense resulting in such suspension ; provided, however, that, effective January 1^ 1992, if, at the time of conviction of unlawful possession of a controlled substance or marijuana, the person does not have a driver's license or the person's driver's license has been previously suspended, the perioc s of suspension specified by this Code section shall not commence until the person app! ies for the issuance or reinstatement of a driver's license.
(c) (1) The decision to accept a plea of nolo contendere to a misdemeanor charge of unlawful possession of less than one ounce of marijuana shall be at the sole discretion of the judge; bat; if seek plea is accepted, th penalties set forth in paragraph 4i) ef subsection {} ef- this Code section shall be imposed. If a plea of nolo contendere is accepted as provided in this subsection, the judge shall, as a part of the disposition
of the case, order the defendant to attend and complete the assessment and educational/intervention component education/intervention components of the a First Offender DUI Alcohol or Drug Use Risk Reduction Program. The order shall stipulate that the defendant shall complete such program within 120 days and that the defend-
ant shall submit evidence of such completion to the Department of Public Safety. The judge shall also notify the defendant that, if he fails to complete such program by the date specified in the court's order, his driver's license shall be suspended, by operation
of law, as provided in this Code section. The record of the disposition of the case shall
be forwarded to the Department of Public Safety. (2) If a plea of nolo contendere is accepted and the defendant's driver's license has
not been suspended under any other provision of this Code and if the defendant has
not been convicted of or has not had a plea of nolo contendere accepted to a charge of violating this Code section within the previous five years, the court shall, subject to paragraph (1) of this subsection, return the driver's license to the person; otherwise,
such driver's license shall be forwarded to the Department of Public Safety. (d) Application for reinstatement of a driver's license under paragraph (1) or (2) of
subsection (a) of this Code section shall be made on such forms as the commissioner may prescribe and shall be accompanied by proof of completion of the required compo-
nent components of a DUI alcohol or drug use risk reduction program and a restoration fee of $35.00 or $25.00 te the Department ef Public Safety when such reinstatement is processed by mail. Application for a three-year driving permit under paragraph (3) of
subsection (a) of this Code section shall be made on such form as the commissioner may prescribe and shall be accompanied by proof of completion of an approved residential
drug treatment program and a fee of $25.00 for such permit. (e) Notwithstanding any other provision of this Code section or any other provision
of this chapter, any person whose license is suspended pursuant to this Code section
shall not be eligible for early reinstatement of his license and shall not be eligible for a limited driving permit, but such person's license shall only be reinstated only as pro-
vided in this Code section. (f) Except as provided in subsection (a) of this Code section, it shall be unlawful for
any person to operate any motor vehicle in this state after such person's license has been
suspended pursuant to this Code section if such person has not thereafter obtained a valid license. Any person who is convicted of operating a motor vehicle before the
department has reinstated such person's license or issued such person a three-year driving permit shall be punished by a fine of not less than $750.00 nor more than $5,000.00
or by imprisonment in the penitentiary for not more than 12 months, or both. (g) Notwithstanding the provisions of Code Section 15-11-38; and except as provided
in subsection (c) of this Code section, an adjudication of a minor child as a delinquent child or an unruly child for possession of marijuana or a controlled substance in viola-
tion of subsection (b) of Code Section 16-13-2 or subsection (a) or (j) of Code Section 16-13-30 shall be deemed a conviction for purposes of this Code section.
(h) Notwithstanding the provisions of subsection (a) of this Code section, licensed drivers who are 16 years of age who are adjudicated in a juvenile court pursuant to this

THURSDAY, FEBRUARY 28, 1991

1533

Code section may, at their option, complete an assessment component and an education/intervention component or intensive intervention component of a DUI alcohol or drug use risk reduction program operated by or under contract with the juvenile court in lieu of a program as prescribed by the Department of Human Resources."
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.

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, by substitute, the ayes were 94, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 776. By Representative Dunn of the 73rd:
A bill to amend Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to the licensing of insurance agents, solicitors, brokers, counselors, and adjusters, so as to provide for the licensing of administrators of certain life or accident and sickness insurance plans.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 336. By Representatives Dover of the llth, Godbee of the 110th and Royal of the 144th:
A bill to amend Code Section 48-8-63 of the Official Code of Georgia Annotated, relating to payment of tax by contractors furnishing tangible personal property and services, so as to increase the amount of certain bonds or legal securities which may be required of certain contractors.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 103, nays 7.
The Bill, having received the requisite constitutional majority, was passed.

HB 769. By Representatives Dunn of the 73rd and Ware of the 77th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to establish standards and requirements for the operation of multiple employer self-insured health plans.

The following Committee substitute was read and withdrawn:

A BILL
To amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to establish standards and requirements for the operation of multiple employer self-insured health plans; to provide a definition; to provide for licenses; to

1534

JOURNAL OF THE HOUSE,

provide for applicability; to provide for the filing of information and documents with the Commissioner of Insurance; to provide requirements for excess or stop-loss insurance coverage; to provide for the management of funds held by a multiple employer self-insured health plan; to provide for loss reserves; to provide procedures for dissolution; to authorize administrative hearings, orders, and penalties; to authorize rules and regulations; to provide for legislative intent; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, is amended by adding at the end thereof a new Chapter 47 to read as follows:
"CHAPTER 47
33-47-1. As used in this chapter, the term 'multiple employer self-insured health plan' means any plan or arrangement which is established or maintained for the purpose of offering or providing health, dental, or short-term disability benefits to employees of two or more employers but which is not fully insured. A plan or arrangement is considered fully insured only if all benefits payable are guaranteed under a contract or policy of insurance issued by an insurer authorized to transact business in this state.
33-47-2. (a) It is unlawful for any multiple employer self-insured health plan to transact business in this state without a license issued by the Commissioner. Any of the acts described as the transaction of insurance in Code Section 33-1-2, effected by mail or otherwise, by or on behalf of a multiple employer self-insured health plan constitutes the transaction of business in this state. Any multiple employer self-insured health plan which transacts business in this state without the license required by this chapter shall be considered to be an unauthorized insurer within the meaning of Chapter 5 of this title and all remedies and penalties prescribed in such chapter shall be fully applicable.
(b) This chapter does not apply to any plan or arrangement established or maintained by municipalities, counties, or other political subdivisions of the state or any multiple employer self-insured health plan which is not subject to the application of state insurance laws under the provisions of the Employee Retirement Income Security Act of 1974, 29 U.S.C. Section 1001 et seq. or to organizations established under the authority of or receiving funds pursuant to Section 254(b) or 254(c) of the federal Public Health Service Act.
33-47-3. (a) Application for a license must be made on forms prescribed by the Commissioner. No multiple employer self-insured health plan may be licensed unless it has and maintains a minimum of 250 covered employees.
(b) Every multiple employer self-insured health plan shall pay to the Commissioner annual license fees, as established by rule or regulation of the Commissioner.
(c) Every multiple employer self-insured health plan shall pay to the Commissioner the premium taxes required for insurance companies as set forth in Chapter 8 of this title.
(d) The Commissioner shall establish, by rule or regulation, security deposits for multiple employer self-insured health plans.
33-47-4. At the time application for a license is made, the multiple employer selfinsured health plan shall file with the Commissioner a copy of the plan's bylaws, all schedules of benefits, and all management, administration, and trust agreements which the plan had made or proposes to make for the conduct of its business and affairs. Any proposed changes or amendments to the foregoing must also be filed with the Commissioner.
33-47-5. A multiple employer self-insured health plan shall include aggregate excess stop-loss coverage and individual excess stop-loss coverage provided by an insurer licensed by the state. Aggregate excess stop-loss coverage shall include provisions to cover incurred, unpaid claim liability in the event of plan termination. The excess or stop-loss insurer shall bear the risk of coverage for any member of the pool that becomes

THURSDAY, FEBRUARY 28, 1991

1535

insolvent with outstanding contributions due. In addition, the plan shall have a participating employer's fund in an amount at least equal to the point at which the excess or stop-loss insurer shall assume 100 percent of additional liability. A plan shall submit its proposed excess or stop-loss insurance contract to the Commissioner at least 30 days prior to the proposed plan's effective date and at least 30 days subsequent to any renewal date. The Commissioner shall review the contract to determine whether it meets the standards established by this chapter and respond within a 30 day period. Any excess or stop-loss insurance plan cannot be canceled without 90 days' notice to the insured and the Commissioner.
33-47-6. Funds collected from the participating employers under multiple employer self-insured health plans must be held in trust subject to the following requirements:
(1) A board of trustees elected by participating employers must serve as fund managers on behalf of participants. Trustees must be plan participants. No participating employer may be represented by more than one trustee. A minimum of three and a maximum of seven trustees may be elected. Trustees may not receive remuneration but they may be reimbursed for actual and reasonable expenses incurred in connection with duties as trustee;
(2) Trustees must be bonded in an amount not less than $150,000.00 from a licensed surety company;
(3) Investment of plan funds is subject to the same restrictions which are applicable to insurers as provided in Chapter 11 of this title; and
(4) Trustees, on behalf of the plan, shall file an annual report with the Commissioner by March 1 showing the condition and affairs of the plan as of the preceding December 31. The report must be made on forms prescribed by the Commissioner. The report shall summarize the financial condition of the fund, itemize collections from participating employers, detail all fund expenditures, and provide any additional information which the Commissioner requires.
33-47-7. (a) A plan shall establish loss reserves for all incurred losses, both reported and unreported, for expenses and for unearned premiums in a manner and amount established by the Commissioner by rule or regulation.
(b) A plan also shall establish a surplus account equal to the greater of:
(1) Three times the average paid monthly premium during the plan's most recent fund year;
(2) For plans which do not yet have one fund year's experience, three times the estimated monthly premium; or
(3) One hundred thousand dollars.
33-47-8. Every multiple employer self-insured health plan shall be subject to examination in accordance with Chapter 2 of this title.
33-47-9. (a) A plan that desires to cease existence shall apply to the Commissioner for authority to dissolve. Applications to dissolve must be on forms prescribed by the Commissioner and must be approved or disapproved by the Commissioner within 60 days of receipt. Dissolution without authorization is prohibited and does not absolve a plan or its participants from fulfilling the plan's continuing obligations. An application to dissolve must be granted if either of the following conditions is met:
(1) The plan demonstrates that it has no outstanding liabilities, including incurred but not reported liabilities; or
(2) The plan has obtained an irrevocable commitment from a licensed insurer
which provides for payment of all outstanding liabilities and for providing all related
services, including payment of claims, preparation of reports, and administration of
transactions associated with the period when the plan provided coverage,
(b) Upon dissolution, after payment of all outstanding liabilities and indebtedness,
the assets of the plan must be distributed to all employers participating in the plan dur-
ing the last five years immediately preceding dissolution. The distributive share of each
employer must be in the proportion that all contributions made by the employer during
such five-year period bear to the total contributions made by all participating employers
during such five-year period.

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JOURNAL OF THE HOUSE,

33-47-10. The Commissioner may promulgate rules or regulations which are necessary to implement the provisions of this chapter and to ensure the safe and proper operation of multiple employer self-insured health plans in this state.
33-47-11. (a) If the Commissioner is of the opinion that a multiple employer selfinsured health plan is in an unsound condition, that it has failed to comply with the law or any applicable rule or regulations or orders issued by the Commissioner, or that it is in a condition which renders its proceedings hazardous to the public or to persons covered under the plan, the Commissioner may, after a hearing, revoke or suspend the license of the plan or, in lieu thereof, impose a monetary penalty in accordance with Chapter 2 of this title.
(b) If the Commissioner is of the opinion that any of the grounds set forth in the subsection (a) of this Code section exists, he may commence delinquency proceedings against the plan and supervise, rehabilitate, or liquidate the plan in accordance with the procedures set forth in Chapter 37 of this title.
33-47-12. It is the intent of the General Assembly that a multiple employer selfinsured health plan be created and maintained by and for the benefit of participating employers and operated under their exclusive management and control. This chapter is not intended to permit third-party administrators or other entrepreneurial promoters to establish a trust or plan and then proceed to solicit employers as participants. It is specifically intended that the impetus for the creation of the plan must come from the employers themselves, and the employers must at all times exercise absolute control over the management and conduct of the plan's business and affairs.
33-47-13. All multiple employer self-insured health plans who have member employees in this state as of July 1, 1991, shall have until October 1, 1991, to make all filings necessary to comply with this chapter."
Section 2. This Act shall become effective on July 1, 1991.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Kingston of the 125th, was read and adopted:

A BILL
To amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to establish standards and requirements for the operation of multiple employer self-insured health plans; to provide a definition; to provide for licenses; to provide for applicability; to provide for the filing of information and documents with the Commissioner of Insurance; to provide requirements for excess or stop-loss insurance coverage; to provide for the management of funds held by a multiple employer self-insured health plan; to provide for loss reserves; to provide procedures for dissolution; to authorize administrative hearings, orders, and penalties; to authorize rules and regulations; to provide for legislative intent; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, is amended by adding at the end thereof a new Chapter 47 to read as follows:
"CHAPTER 47
33-47-1. As used in this chapter, the term 'multiple employer self-insured health plan' means any plan or arrangement which is established or maintained for the purpose of offering or providing health, dental, or short-term disability benefits to employees of two or more employers but which is not fully insured. A plan or arrangement is considered fully insured only if all benefits payable are guaranteed under a contract or policy of insurance issued by an insurer authorized to transact business in this state.

THURSDAY, FEBRUARY 28, 1991

1537

33-47-2. (a) It is unlawful for any multiple employer self-insured health plan to transact business in this state without a license issued by the Commissioner. Any of the acts described as the transaction of insurance in Code Section 33-1-2, effected by mail or otherwise, by or on behalf of a multiple employer self-insured health plan constitutes the transaction of business in this state. Any multiple employer self-insured health plan which transacts business in this state without the license required by this chapter shall be considered to be an unauthorized insurer within the meaning of Chapter 5 of this title and all remedies and penalties prescribed in such chapter shall be fully applicable.
(b) This chapter does not apply to any plan or arrangement established or maintained by municipalities, counties, or other political subdivisions of the state; any multiple employer self-insured health plan which is not subject to the application of state insurance laws under the provisions of the Employee Retirement Income Security Act of 1974, 29 U.S.C. Section 1001 et seq.; to organizations established under the authority of or receiving funds pursuant to 42 U.S.C. Section 254(b) or 254(c), the federal Public Health Service Act; or any other nonprofit organization exempt from federal taxation whose primary purpose is providing access to primary health care services for indigent citizens of Georgia.
33-47-3. (a) Application for a license must be made on forms prescribed by the Commissioner. No multiple employer self-insured health plan may be licensed unless it has and maintains a minimum of 250 covered employees.
(b) Every multiple employer self-insured health plan shall pay to the Commissioner annual license fees, as established by rule or regulation of the Commissioner.
(c) Every multiple employer self-insured health plan shall pay to the Commissioner the premium taxes required for insurance companies as set forth in Chapter 8 of this title.
(d) The Commissioner shall establish, by rule or regulation, security deposits for multiple employer self-insured health plans.
33-47-4. At the time application for a license is made, the multiple employer selfinsured health plan shall file with the Commissioner a copy of the plan's bylaws, all schedules of benefits, and all management, administration, and trust agreements which the plan had made or proposes to make for the conduct of its business and affairs. Any proposed changes or amendments to the foregoing must also be filed with the Commissioner.
33-47-5. A multiple employer self-insured health plan shall include aggregate excess stop-loss coverage and individual excess stop-loss coverage provided by an insurer licensed by the state. Aggregate excess stop-loss coverage shall include provisions to cover incurred, unpaid claim liability in the event of plan termination. The excess or stop-loss insurer shall bear the risk of coverage for any member of the pool that becomes insolvent with outstanding contributions due. In addition, the plan shall have a participating employer's fund in an amount at least equal to the point at which the excess or stop-loss insurer shall assume 100 percent of additional liability. A plan shall submit its proposed excess or stop-loss insurance contract to the Commissioner at least 30 days prior to the proposed plan's effective date and at least 30 days subsequent to any renewal date. The Commissioner shall review the contract to determine whether it meets the standards established by this chapter and respond within a 30 day period. Any excess or stop-loss insurance plan cannot be canceled without 90 days' notice to the insured and the Commissioner.
33-47-6. Funds collected from the participating employers under multiple employer self-insured health plans must be held in trust subject to the following requirements:
(1) A board of trustees elected by participating employers must serve as fund managers on behalf of participants. Trustees must be plan participants. No participating employer may be represented by more than one trustee. A minimum of three and a maximum of seven trustees may be elected. Trustees may not receive remuneration but they may be reimbursed for actual and reasonable expenses incurred in connection with duties as trustee;
(2) Trustees must be bonded in an amount not less than $150,000.00 from a licensed surety company;

1538

JOURNAL OF THE HOUSE,

(3) Investment of plan funds is subject to the same restrictions which are applicable to insurers as provided in Chapter 11 of this title; and
(4) Trustees, on behalf of the plan, shall file an annual report with the Commissioner by March 1 showing the condition and affairs of the plan as of the preceding December 31. The report must be made on forms prescribed by the Commissioner. The report shall summarize the financial condition of the fund, itemize collections from participating employers, detail all fund expenditures, and provide any additional information which the Commissioner requires. 33-47-7. (a) A plan shall establish loss reserves for all incurred losses, both reported and unreported, for expenses and for unearned premiums in a manner and amount established by the Commissioner by rule or regulation, (b) A plan also shall establish a surplus account equal to the greater of:
(1) Three times the average paid monthly premium during the plan's most recent fund year;
(2) For plans which do not yet have one fund year's experience, three times the estimated monthly premium; or
(3) One hundred thousand dollars. 33-47-8. Every multiple employer self-insured health plan shall be subject to examination in accordance with Chapter 2 of this title. 33-47-9. (a) A plan that desires to cease existence shall apply to the Commissioner for authority to dissolve. Applications to dissolve must be on forms prescribed by the Commissioner and must be approved or disapproved by the Commissioner within 60 days of receipt. Dissolution without authorization is prohibited and does not absolve a plan or its participants from fulfilling the plan's continuing obligations. An application to dissolve must be granted if either of the following conditions is met:
(1) The plan demonstrates that it has no outstanding liabilities, including incurred but not reported liabilities; or
(2) The plan has obtained an irrevocable commitment from a licensed insurer which provides for payment of all outstanding liabilities and for providing all related services, including payment of claims, preparation of reports, and administration of transactions associated with the period when the plan provided coverage,
(b) Upon dissolution, after payment of all outstanding liabilities and indebtedness, the assets of the plan must be distributed to all employers participating in the plan during the last five years immediately preceding dissolution. The distributive share of each employer must be in the proportion that all contributions made by the employer during such five-year period bear to the total contributions made by all participating employers , during such five-year period.
33-47-10. The Commissioner may promulgate rules or regulations which are necessary to implement the provisions of this chapter and to ensure the safe and proper operation of multiple employer self-insured health plans in this state.
33-47-11. (a) If the Commissioner is of the opinion that a multiple employer selfinsured health plan is in an unsound condition, that it has failed to comply with the law or any applicable rule or regulations or orders issued by the Commissioner, or that it is in a condition which renders its proceedings hazardous to the public or to persons covered under the plan, the Commissioner may, after a hearing, revoke or suspend the license of the plan or, in lieu thereof, impose a monetary penalty in accordance with Chapter 2 of this title.
(b) If the Commissioner is of the opinion that any of the grounds set forth in the subsection (a) of this Code section exists, he may commence delinquency proceedings against the plan and supervise, rehabilitate, or liquidate the plan in accordance with the procedures set forth in Chapter 37 of this title.
33-47-12. It is the intent of the General Assembly that a multiple employer selfinsured health plan be created and maintained by and for the benefit of participating employers and operated under their exclusive management and control. This chapter is not intended to permit third-party administrators or other entrepreneurial promoters to establish a trust or plan and then proceed to solicit employers as participants. It is specifically intended that the impetus for the creation of the plan must come from the

THURSDAY, FEBRUARY 28, 1991

1539

employers themselves, and the employers must at all times exercise absolute control over the management and conduct of the plan's business and affairs.
33-47-13. All multiple employer self-insured health plans who have member employees in this state as of July 1, 1991, shall have until October 1, 1991, to make all filings necessary to comply with this chapter."
Section 2. This Act shall become effective on July 1, 1991.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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, by substitute, the ayes were 106, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Chambless of the 133rd asked that the following note appear in the Journal.

I was absent on February 26 and February 27 due to the death of my father and his funeral.

Representative Lucas of the 102nd District, Chairman of the Committee on Human Relations & Aging, submitted the following report:

Mr. Speaker:
Your Committee on Human Relations & Aging has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 835 Do Pass HB 728 Do Pass, by Substitute
Respectfully submitted, /s/ Lucas of the 102nd
Chairman

Representative Watson of the 114th District, Chairman of the Committee on Industry, submitted the following report:

Mr. Speaker:

Your Committee on Industry has had under consideration the following Bills and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 36 Do Pass, by Substitute HB 160 Do Pass HB 638 Do Pass HB 820 Do Pass HB 894 Do Pass

HB 901 Do Pass, by Substitute HR 261 Do Pass SB 120 Do Pass SB 289 Do Pass, by Substitute

Respectfully submitted, /s/ Watson of the 114th
Chairman

1540

JOURNAL OF THE HOUSE,

Representative Ware of the 77th District, Chairman of the Committee on Insurance, submitted the following report:

Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 774 Do Pass, by Substitute
Respectfully submitted, /s/ Ware of the 77th
Chairman
Representative Thomas of the 69th District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:

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

HB 290 Do Pass, by Substitute HB 720 Do Pass, by Substitute HB 785 Do Pass HB 823 Do Pass
SB 308 So Pas's, by Substitute HB 360 Do Pass HB 398 Do Pass HB 496 Do Pass, by Substitute HB 511 Do Pass, by Substitute

HB 516 Do Pass HB 534 Do Pass HB 698 Do Pass, by Substitute HB 760 Do Pass, as Amended

^o Pass, by Substitute

HB

s> y Suostltute

HB 822 Do Pass, by Substitute

HB 889 Do Pass

SB 26 Do Pass

Respectfully submitted,
/s/ Thomas of the 69th Chairman

The following minority report was received and read:

February 28, 1991
Groover of the 99th files a minority report on House Bill 794 and would recommend that the substitute be amended with respect to permissible fees.
/s/ Denmark Groover District 99

Representative Randall of the 101st District, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:

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

HB 426 Do Pass, by Substitute
HB 244 Do Pass, by Substitute HB 718 Do Pass

SB 210 Do Pass
HB 694 Do Pass HB 566 Do Pass, by Substitute

THURSDAY, FEBRUARY 28, 1991

1541

Respectfully submitted,
/s/ Randall of the 101st Chairman

Representative Colwell of the 4th District, Chairman of the Committee on State Institutions & Property, submitted the following report:

Mr. Speaker:
Your Committee on State Institutions & Property has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 352 Do Pass, by Substitute
Respectfully submitted, /s/ Colwell of the 4th
Chairman

Representative Lane of the 27th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:
Your Committee on State Planning & Community Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 437 Do Pass, by Substitute HB 825 Do Pass
Respectfully submitted, /s/ Lane of the 27th
Chairman

Representative Benefield of the 72nd District, Chairman of the Committee on Transportation, submitted the following report:

Mr. Speaker:
Your Committee on Transportation has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 782 Do Pass, by Substitute HB 850 Do Pass HR 380 Do Pass
Respectfully submitted, /s/ Benefield of the 72nd
Chairman

Representative Dover of the llth District, Chairman of the Committee on Ways & Means, submitted the following report:

Mr. Speaker:

1542

JOURNAL OF THE HOUSE,

Your Committee on Ways & Means has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 489 Do Pass
Respectfully submitted, /a/ Dover of the llth
Chairman

Representative Walker of the 115th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker Pro Tern announced the House adjourned until 10:00 o'clock, tomorrow morning.

FRIDAY, MARCH 1, 1991

1543

Representative Hall, Atlanta, Georgia Friday, March 1, 1991

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
The roll was called and the following Representatives answered to to their names:

Adams Aiken Alford Atkins Baker Balkcom Barfoot Bargeron Barnett,B Barnett,M Bates Birdsong Blitch Bordeaux Branch Breedlove Brooks Brown Brush Buckner Byrd Campbell C,antv11
Chambless Cheeks Childers Clark.E Clark.H

Clark.L Coker Coleman Colwell Connell Culbreth Cummings.B Cummings,M Davis.G Davis.M Dixon.H Dixon,S Dobbs Dover Edwards Elliott Fennel Floyd,J.M
Floyd,J.W
Golden
Goodwin Green
Greene
Griffin
Groover
Hamilton
Hammond
Hanner
Harris.B
Harris,J

Heard Henson Herbert Hightower Holland Howard Hudson Irwin Jackson Jamieson Jenkins Jones Kilgore King Kingston Klein Ladd Lane.D
Lane.R
Langford
Lawrence Lawson
Lee
Long
Lord
Mann
McCoy
McKelvey
McKinney.B
McKinney.C

Meadows Milam Mills Mobley Moody Morsberger Moultrie Mueller Oliver.C 01iver,M Orr Padgett Parham Parrish Patten Pelote Perry Pettit
Poag
Poston
Powell.A Powell.C
Purcell
Randall
Reaves
Ricketson
Royal
Selman
Sherrill
Simpson

Sinkfield Skipper Smith.L Smith.P Smith.T Smith.W Snow Stancil.F Stancil.S Stephens Streat Taylor Teper Thomas.M Titus Tolbert Townsend Turnquest
Valenti
Vaughan
Walker,J Wall
Ware
Watson
Watts
Wilder
Williams.B
Williams.J
Yeargin
Murphy,Spkr

Prayer was offered by the Reverend Claude E. Smithmier, Pastor, First United Methodist Church, Toccoa, Georgia.

The members pledged allegiance to the flag.

Representative Bargeron of the 108th, Chairman of the Committee on Journals, 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.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees.

1544

JOURNAL OF THE HOUSE,

5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

By unanimous consent, the following Bills of the House were introduced, read the first time and referred to the committees:

HB 951. By Representative Green of the 106th:
A bill to amend an Act creating the Board of County Commissioners of Hancock County, so as to change the compensation provisions relating to the chairman and other members of the board of commissioners; to provide for cost-of-living increases in compensation.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 952. By Representative Green of the 106th:
A bill to amend an Act creating the Board of Commissioners of Putnam County, so as to change the provisions relating to the compensation of the members of the board of commissioners; to provide for cost-of-living increases in compensation.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 953. By Representative Hudson of the 117th:
A bill to provide for the Board of Education of Pulaski County and consolidate and restate provisions of law relating to the board; to provide for the nonpartisan nomination and election of the members of the Board of Education of Pulaski County upon the expiration of regular terms of office.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 954. By Representative Beatty of the 12th:
A bill to amend Article 5 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local school superintendents, so as to provide that each local school superintendent shall be paid a certain minimum salary.
Referred to the Committee on Education.

HB 955. By Representatives Coleman of the 118th and Walker of the 115th:
A bill to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to counties, municipal corporations, and other governmental entities, and 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 require that the official stationery of each public official, municipal corporation, county, board of education, state department, agency, board, bureau, commission, court, or member of the General Assembly shall contain the telephone number of such official or entity.
Referred to the Committee on Rules.

FRIDAY, MARCH 1, 1991

1545

HB 956. By Representative Abernathy of the 39th:
A bill to amend Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific, business, and occupation taxes, so as to impose a state tax on consumer rental of motion pictures, video recordings, and video cassettes.
Referred to the Committee on Ways & Means.

By unanimous consent, the rules were suspended in order that the following Bills and Resolution of the House could be introduced, read the first time and referred to the committees:

HB 957. By Representatives Walker of the 115th and Ray of the 98th:
A bill to repeal an Act providing designated registration periods for registration of motor vehicles in Macon County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 958. By Representatives Lane of the lllth, Godbee of the 110th, Purcell of the 129th and Mueller of the 126th:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, so as to create a new third judgeship for the Ogeechee Judicial Circuit.
Referred to the Committee on Judiciary.

HB 959. By Representative Thurmond of the 67th:
A bill to amend Code Section 20-2-11 of the Official Code of Georgia Annotated, relating to the supervision of the Department of Education by the State Board of Education, so as to provide that the State Board of Education may delegate certain powers to the State School Superintendent.
Referred to the Committee on Education.

HB 960. By Representatives Wilder of the 21st, Clark of the 20th (Post 3), Clark of the 20th (Post 4), Klein of the 21st, Vaughan of the 20th and others:
A bill to amend an Act creating the Cobb Judicial Circuit, so as to change the provisions relative to the supplement of the district attorney and the compensation of the chief assistant district attorney, assistant district attorneys, the chief investigator, and investigators.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 961. By Representatives Clark of the 20th (Post 4), Clark of the 20th (Post 3), Wilder of the 21st, Hammond of the 20th, Klein of the 21st and others:
A bill to amend an Act providing for the compensation of the judge of the Juvenile Court of Cobb County, so as to change the compensation of said judge.
Referred to the Committee on State Planning & Community Affairs - Local.

1546

JOURNAL OF THE HOUSE,

HB 962. By Representatives Wilder of the 21st, Clark of the 20th (Post 3), Clark of the 20th (Post 4), Coker of the 21st, Klein of the 21st 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 tax commissioner, the chief clerk, and the executive secretary.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 963. By Representatives Coker of the 21st, Clark of the 20th (Post 3), Clark of the 20th (Post 4), Wilder of the 21st, Klein of the 21st and others:
A bill to amend an Act creating the State Court of Cobb County, so as to increase the compensation of the solicitor.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 964. By Representatives Clark of the 20th (Post 4), Clark of the 20th (Post 3), Wilder of the 21st, Vaughan of the 20th, Hammond of the 20th and others:
A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the clerk and deputy clerk of the superior court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 965. By Representatives Coker of the 21st, Clark of the 20th (Post 3), Clark of the 20th (Post 4), Wilder of the 21st, Vaughan of the 20th and others:
A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the clerk and the chief deputy clerk of the State Court of Cobb County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 966. By Representatives Clark of the 20th (Post 4), Clark of the 20th (Post 3), Wilder of the 21st, Hammond of the 20th, Klein of the 21st 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.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 967. By Representatives Barnett of the 59th, Breedlove of the 60th, Lawson of the 9th, Orr of the 9th and Jackson of the 9th:
A bill to amend an Act creating the Recorder's Court of Gwinnett County, so as to provide for the appointment of the solicitor; to change the provisions relating to the compensation of the solicitor and assistant solicitors.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 968. By Representative Martin of the 26th:
A bill to amend Chapter 32 of Title 31 of the Official Code of Georgia Annotated, relating to living wills, so as to authorize the withholding of lifesustaining procedures with respect to a patient in a coma or persistent vegetative state.
Referred to the Committee on Health & Ecology.

FRIDAY, MARCH 1, 1991

1547

HB 969. By Representatives Hammond of the 20th, Flynt of the 75th and Mobley of the 64th:
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 and regulation of fire inspectors; to provide a short title; to provide a declaration of purpose; to define certain terms; to provide for the creation and membership of the Georgia Board of Certified Fire Investigators and for matters related to such board.
Referred to the Committee on Public Safety.

HB 970. By Representatives Hammond of the 20th, Coker of the 21st, Klein of the 21st, Clark of the 20th (Post 3), Clark of the 20th (Post 4) and others:
A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of such judges and change a title of certain of such judges.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 432. By Representatives Jones of the 71st, Kilgore of the 42nd, Stancil of the 8th, Murphy of the 18th and Hamilton of the 124th:
A resolution urging the State Board of Education to review and revise its policy which prohibits students who fail to meet academic progress requirements from participating in extracurricular activities.
Referred to the Committee on Education.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 914 HB 915 HB 916 HB 917 HB 918 HB 919 HB 920
no yL HB 922 HrlDR QiJ9i<O HR 094
HHBB 992256 HB 927
HHBB 992289 HB 930
HB 931 HB 932 HB 933 HB 934 HB 935 HB 936 HB 937 HB 938

HB 939 HB 940 HB 941 HB 942 HB 943 HB 944 HB 945
HR Q4R UD (\AH HTJtO! 9n4, 7Q "" "4"
HB 1994*5910 *"
JJJ 44|}23 4 J4
o 3t)1 SB 322 SB 325 SB 349 SB 366 SB 386 SR 200 SR 205

1548

JOURNAL OF THE HOUSE,

Representative Reaves of the 147th District, Chairman of the Committee on Agriculture & Consumer Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Agriculture & 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 House with the following recommendations:
HB 925 Do Pass HR 412 Do Pass
Respectfully submitted, /s/ Reaves of the 147th
Chairman

Representative Thomas of the 69th District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 366 Do Pass HB 555 Do Pass, by Substitute HB 933 Do Pass
Respectfully submitted, /s/ Thomas of the 69th
Chairman

Representative Parham of the 105th District, Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 788 Do Pass, by Substitute
Respectfully submitted, /s/ Parham of the 105th
Chairman

Representative Lane of the 27th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 880 Do Pass HB 890 Do Pass

HB 891 Do Pass HB 899 Do Pass

FRIDAY, MARCH 1, 1991

1549

HB 909 Do Pass HB 911 Do Pass SB 27 Do Pass

SB 321 Do Pass, by Substitute SB 327 Do Pass
Respectfully submitted, Is/ Lane of the 27th
Chairman

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR FRIDAY, MARCH 1, 1991

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 32nd Legislative Day as enumerated below:

HB 594 Used Car Dealers; Certain Exemption, Licensing Pawnbrokers HB 718 Atlanta Judicial Circuit; Chief Judge/Sup. Ct.; Repeal Act Providing HB 720 Civil Practice; Stay of Proceedings; Certain Federal Prov. HB 760 U. S. Dept. of Vet. Affairs; Beneficiaries; Guardians' Comp. HB 782 County Tollway Projects; Contract With St. Tollway Authority HB 793 Teachers; Sick Leave Bank or Pool; Provisions HB 798 Cert. Phone Conversations; Monitor or Record; Cust. Service Purposes HB 814 Certain Waste Water Discharge; Phosphorus; Limitation HB 820 Development Authorities; Surplus Funds; Powers HB 822 Georgia Computer Systems Protection Act; Enact HB 835 Mobility Impaired Persons/Service Dogs; Rights HB 845 Certain Insurance Policies; Payments; Change Interest Rate HB 875 Bailable Offenses; Sup. Ct. Judge; Delegate Auth. to Other Judges HB 886 Veh. Transporting Cert. Biological Material; Cert. Markings on Veh. HB 889 Mental Health; Amend Provisions HB 901 PSC; Special Fees; Method of Calculating HB 905 Group Accident & Sickness Insurance; Notice of Nonrenewal HB 906 Credit Life Insurance; Applicability

HR 226 Lotteries; Provisions Prohibiting; Delete - CA HR 261 Cable Industry; Competition in Marketplace; Urge U. S. Congress HR 288 Boards of Education - Elect; School Superintendents - Appoint - CA HR 352 Warm Springs; Lease Property HR 379 ADAD Equipment/Long-Distance Telephone Calls; Urge FCC Regulate HR 402 James Earl Carter, Jr. Tribute Commission; Create

HB 360 Elude Ridge Judicial Circuit; Add Judge HB 398 Rockdale Judicial; Circuit; Add Judge HB 516 Atlanta Judicial Circuit; Add Judge HB 534 Gwinnett Judicial Circuit; Add Judge SB 26 Eastern Judicial Circuit; Add Judge

(To be considered as one unless
Speaker objects)

ALL COMPENSATION RESOLUTIONS APPROVED BY APPROPRIATIONS COMMITTEE

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

Respectfully submitted, /s/ Denmark Groover, Jr. of the 99th
Vice-Chairman

1550

JOURNAL OF THE HOUSE,

By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:

HB 880. By Representative Green of the 106th: A bill to provide a new charter for the City of Sparta.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 890. By Representatives Clark of the 20th (Post 3), Vaughan of the 20th, Wilder of the 21st, Klein of the 21st, Clark of the 20th (Post 4) and others:
A bill to amend an Act creating a new charter for the City of Kennesaw, so as to change the corporate limits of the city.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 891. By Representative Parrish of the 109th:
A bill to amend an Act providing for a chief magistrate and a magistrate of the Magistrate Court of Candler County, so as to provide for the appointment of the chief magistrate and magistrate by a vote of the judges of the superior courts of the Middle Judicial Circuit.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 899. By Representatives Flynt of the 75th and Adams of the 79th:
A bill to create the Pike Clean and Beautiful Authority for the purpose of assisting the Board of Commissioners of Pike County in establishing a solid waste recycling program and promoting environmental awareness.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 909. By Representatives Powell of the 145th and Royal of the 144th:
A bill to amend an Act creating and establishing a new charter for the City of Moultrie, so as to change the penalty provisions for ordinance violations.

FRIDAY, MARCH 1, 1991

1551

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 911. By Representatives Carrell of the 65th and Mobley of the 64th:
A bill to amend an Act to reincorporate and provide a new charter for the City of Loganville in the Counties of Walton and Gwinnett, so as to change the date of the organizational meeting of the city governing authority.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

SB 27. By Senator Alien of the 2nd:
A bill to amend an Act providing for the appointment of the clerk of the State Court of Chatham County by a majority vote of the judges of the superior courts of the Eastern Judicial Circuit and the judges of said state court so as to provide for a term of office for said clerk.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

SB 321. By Senator Kidd of the 25th:
A bill to amend an Act creating and establishing a new charter for the City of Eatonton, as amended, so as to change the corporate limits of the city.

The following Committee substitute was read and adopted:

A BILL
To amend an Act creating and establishing a new charter for the City of Eatonton, approved August 5, 1908 (Ga. L. 1908, p. 620), as amended, so as to change the corporate limits of the city; to provide for a referendum; 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 and establishing a new charter for the City of Eatonton, approved August 5, 1908 (Ga. L. 1908, p. 620), as amended, is amended by striking in their entirety Sections 2, 2A, 2B, 2C, and 2D and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. The corporate limits of the City of Eatonton shall mean and include the territory described as follows:
'All of that property located in Putnam County, Georgia consisting of twelve thousand five hundred sixty six and thirty six one hundreds (12,566.36) acres more or less and being a circle with a radius of two and one half (2.5) miles and with a center

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point being located in the center of the court house square in the city of Eatonton, Georgia. The center point of the court house square is to be found by drawing a line from each corner of said square to the opposite corner of said square.'"
Section 2. (a) As used in this section, the term "area proposed for annexation" means that area described in the quoted language of Section 1 of this Act which would be added to the corporate limits of the City of Eatonton if Section 1 of this Act becomes effective as provided in this section.
(b) Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Eatonton shall call and conduct an election as provided in this section for the purpose of submitting this Act separately to the electors of the City of Eatonton and to the electors of Putnam County residing within the area proposed for annexation for approval or rejection. The election superintendent shall conduct the election on the date of and in conjunction with the Presidential Preference Primary on March 10, 1992, and shall issue the call therefor not less than 30 nor more than 45 days prior to that date. The election 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 Putnam County. The ballot shall have written or printed thereon the words:
YES Shall the Act be approved which annexes territory to the corporate limits NO of the City of Eatonton?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question within the City of Eatonton and if more than one-half of the votes cast on such question within the area proposed for annexation are for approval of the Act, it shall become of full force and effect immediately. If the Act is not so approved within the City of Eatonton and in the area proposed for annexation or if the referendum is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed immediately following the certification of the referendum results.
(c) The City of Eatonton may make such arrangements as may be necessary for the election superintendent of Putnam County to call, hold, and conduct the referendum provided for in this section within the area proposed for annexation. The expense of such election shall be borne by the City of Eatonton. It shall be the superintendent's duty to certify the result of the referendum to the Secretary of State.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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, by substitute, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

SB 327. By Senators Phillips of the 9th and White of the 48th:
A bill to create the Gwinnett County Arts Facility Authority; to provide for a definition; to provide for the purpose and powers of the authority; to provide for appointment, eligibility, and terms of the members of the authority; to provide for organization, quorum, meetings, and expenses of the authority; to provide for rules and regulations and for agents and employees; to provide for accountability and for financial and other records and for audits.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

FRIDAY, MARCH 1, 1991

1553

On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House:

SB 208. By Senator Edge of the 28th:
A bill to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody proceedings, so as to provide that state policy shall be that a minor child has frequent and continuing contact with parents that show the ability to act in the best interest of the child and to encourage parents to share in the rights and responsibilities of raising their children after separation and divorce.

SB 346. By Senator Baldwin of the 29th:
A bill to amend Code Section 15-10-100 of the Official Code of Georgia Annotated, relating to the appointment of constables for magistrate courts, so as to provide that counties may employ marshals to perform the duties of constables; to provide an effective date.

SB 357. By Senators Foster of the 50th, Deal of the 49th and Johnson of the 47th:
A bill to amend Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Industry, Trade, and Tourism, so as to provide for state funding of local welcome centers; to provide for criteria for funding; to provide for restrictions on the use of such funding; to provide for audits and inspections; to provide for withholding of funds; to provide for discontinuation of funding.

SB 364. By Senators Hasty of the 51st and Deal of the 49th:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, so as to create a new third judgeship for the Blue Ridge Judicial Circuit; to provide for the initial appointment, election, and term of office of said judge; to provide for the manner of impaneling jurors.

SB 378. By Senators Scott of the 36th and Deal of the 49th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide incentives for increasing local juvenile justice services; to provide for funding to assist counties in developing additional juvenile services; to provide for development of a formula for allocation of such funding; to provide effective dates.

HB 289. By Representative Oliver of the 53rd:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs for protection of children, so as to change the persons who may have access to records regarding child abuse reports and change the conditions relating to such access.

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HB 320. By Representative Herbert of the 76th:
A bill to amend Article 2 of Chapter 4 of Title 20 of the Official Code of Georgia Annotated, relating to technical and adult education, so as to require the State Board of Technical and Adult Education to develop and implement a policy for a reduction in force.

HB 428. By Representatives Walker of the 115th, Murphy of the 18th, Groover of the 99th, Lee of the 72nd and Connell of the 87th:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions pertaining to the General Assembly, so as to change provisions relating to the method of proof of advertisement of local bills.

HB 374. By Representatives Murphy of the 18th, Cummings of the 17th and Watts of the 41st:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to the terms of court for the superior courts of the state, so as to change the terms for the superior courts of the Tallapoosa Judicial Circuit.

HB 379. By Representatives Jackson of the 9th, Colwell of the 4th and Orr of the 9th:
A bill to amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions relative to penal institutions, so as to provide for home arrest programs for certain county offenders.

HB 616. By Representatives Carter of the 146th and Patten of the 149th:
A bill to amend Part 3 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water well standards, so as to continue the State Water Well Standards Advisory Council.

SB 398. By Senator Echols of the 6th:
A bill to amend an Act creating a board of commissioners of Pierce County, as amended, so as to authorize an increase in compensation for the members of the board of commissioners other than the chairman.

SB 399. By Senators Ragan of the 32nd, Newbill of the 56th, Clay of the 37th and others:
A bill to amend an Act creating a new charter for the City of Smyrna, as amended, so as to change the corporate limits of the City of Smyrna.

SB 401. By Senator Starr of the 44th:
A bill to amend an Act creating the State Court of Clayton County, as amended, so as to change the compensation of the judges of said court; to provide an effective date.

SB 402. By Senator Starr of the 44th:
A bill to amend an Act incorporating the City of Riverdale, as amended, so as to remove certain property from the corporate limits of the city.

FRIDAY, MARCH 1, 1991

1555

SB 403. By Senator Starr of the 44th:
A bill to amend an Act creating the board of commissioners of Clayton County, as amended, so as to change the provisions relating to the compensation of the chairman; to provide an effective date.

SB 404. By Senator Starr of the 44th:
A bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, as amended, so as to change the provisions relating to the salary of the sheriff and clerk of the superior court; to provide an effective date.

SB 405. By Senator Starr of the 44th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, as amended, so as to change the provisions relating to the salary of the tax commissioner; to provide an effective date.

SB 406. By Senator Starr of the 44th:
A bill to amend an Act creating the State Court of Clayton County, as amended, so as to change the compensation of the solicitor of said court; to provide an effective date.

SB 413. By Senators Phillips of the 9th and White of the 48th:
A bill to amend an Act creating the board of commissioners of Gwinnett County, as amended, so as to change the organization of the governing authority of Gwinnett County; to provide for a county chairman elected county wide and a board of commissioners consisting of seven members elected from commissioner districts at the general election of 1992 and thereafter.

SB 414. By Senator Foster of the 50th:
A bill to provide for the creation of one or more community improvement districts in the City of Dahlonega; to provide for a short title; to provide for the purposes of the said districts; to provide for definitions; to provide for boards to administer said districts; to provide for taxes, fees, and assessments; to provide for the boundaries of said districts.

HB 819. By Representative Langford of the 7th:
A bill to amend an Act known as the "Calhoun-Gordon County Airport Authority Act," so as to change the number of members of the authority.

HB 830. By Representatives Pinholster of the 8th and Stancil of the 8th:
A bill to provide a homestead exemption from all Pickens County School District ad valorem taxes for educational purposes, including but not limited to taxes to retire school bond indebtedness, for the full value of the homestead for certain residents of that school district who have annual gross family incomes not exceeding $20,000.00 and who are 62 years of age or over.

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HB 831. By Representatives Pinholster of the 8th, Stancil of the 8th and Barnett of the 10th:
A bill to amend Section 1 of an Act providing a homestead exemption for residents of the Cherokee County School District who are 62 years of age or over, so as to raise the income eligibility limits for such exemption.

HB 833. By Representative Bargeron of the 108th: A bill to provide a new charter for the City of Louisville.

The Senate has adopted by the requisite constitutional majority the following Resolutions of the Senate and House:
SR 166. By Senators Tate of the 38th, Scott of the 36th, Walker of the 22nd and others: A resolution creating the Urban Policy Study Commission.

HR 210. By Representatives Tolbert of the 58th, Alford of the 57th, Lawrence of the 49th, Teper of the 46th, Turnquest of the 56th and others:
A resolution creating the DeKalb County Homestead Exemptions Study Committee.

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

HB 480. By Representative Bostick of the 138th:
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 amount of certain authorized service charges with respect to selling certain tickets or other evidences of right of entry.

HB 514. By Representative Watson of the 114th:
A bill to amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the Public Service Commission, so as to provide accounting methods to be used by gas utilities in rate-making proceedings.

HB 642. By Representatives Ware of the 77th, Dunn of the 73rd, Chambless of the 133rd, Valenti of the 52nd and Childers of the 15th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to provide for intent; to direct the Commissioner of Insurance to develop a model basic health insurance plan.

The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House:

HB 317. By Representative Herbert of the 76th:
A bill to amend Part 1A of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, known as the "Nonpublic Postsecondary Educational Institutions Act of 1990," so as to change the provisions relative to certain definitions; to change the provisions relative to qualifications of certain personnel of postsecondary educational institutions.

FRIDAY, MARCH 1, 1991

1557

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

SB 268. By Senators Scott of the 36th, Henson of the 55th and Deal of the 49th:
A bill to amend Code Section 12-8-23.1 of the Official Code of Georgia Annotated, relating to powers and duties of the director of the Environmental Protection Division of the Department of Natural Resources, so as to provide that no permit shall be issued to operate a biomedical waste thermal treatment technology facility in this state.

SB 294. By Senators Thompson of the 33rd, Hasty of the 51st and Clay of the 37th:
A bill to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to county and municipal hospital authorities, so as to allow such authorities to own and operate projects in other cities and counties upon the request or approval of the governing body and hospital authority of such other city or county; to provide an effective date.

The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House:

HB 763. By Representative Colwell of the 4th:
A bill to amend Chapter 10 of Title 42 of the Official Code of Georgia Annotated, the "Correctional Industries Act," so as to provide that any compensation paid to the executive officer of the Georgia Correctional Industries Administration shall be paid from earnings of the administration and not from appropriations.

By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the committees:

SB 208. By Senator Edge of the 28th:
A bill to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody proceedings, so as to provide that state policy shall be that a minor child has frequent and continuing contact with parents that show the ability to act in the best interest of the child and to encourage parents to share in the rights and responsibilities of raising their children after separation and divorce.
Referred to the Committee on Judiciary.

SB 268. By Senators Scott of the 36th, Henson of the 55th and Deal of the 49th:
A bill to amend Code Section 12-8-23.1 of the Official Code of Georgia Annotated, relating to powers and duties of the director of the Environmental Protection Division of the Department of Natural Resources, so as to provide that no permit shall be issued to operate a biomedical waste thermal treatment technology facility in this state.
Referred to the Committee on Natural Resources & Environment.

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SB 294. By Senators Thompson of the 33rd, Hasty of the 51st and Clay of the 37th:
A bill to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to county and municipal hospital authorities, so as to allow such authorities to own and operate projects in other cities and counties upon the request or approval of the governing body and hospital authority of such other city or county; to provide an effective date.
Referred to the Committee on Health & Ecology.

SB 346. By Senator Baldwin of the 29th:
A bill to amend Code Section 15-10-100 of the Official Code of Georgia Annotated, relating to the appointment of constables for magistrate courts, so as to provide that counties may employ marshals to perform the duties of constables; to provide an effective date.
Referred to the Committee on Special Judiciary.

SB 357. By Senators Foster of the 50th, Deal of the 49th and Johnson of the 47th:
A bill to amend Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Industry, Trade, and Tourism, so as to provide for state funding of local welcome centers; to provide for criteria for funding; to provide for restrictions on the use of such funding; to provide for audits and inspections; to provide for withholding of funds; to provide for discontinuation of funding.
Referred to the Committee on Industry.

SB 364. By Senators Hasty of the 51st and Deal of the 49th:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, so as to create a new third judgeship for the Blue Ridge Judicial Circuit; to provide for the initial appointment, election, and term of office of said judge; to provide for the manner of impaneling jurors.
Referred to the Committee on Judiciary.

SB 378. By Senators Scott of the 36th and Deal of the 49th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide incentives for increasing local juvenile justice services; to provide for funding to assist counties in developing additional juvenile services; to provide for development of a formula for allocation of such funding; to provide effective dates.
Referred to the Committee on Judiciary.

SB 398. By Senator Echols of the 6th:
A bill to amend an Act creating a board of commissioners of Pierce County, as amended, so as to authorize an increase in compensation for the members of the board of commissioners other than the chairman.
Referred to the Committee on State Planning & Community Affairs - Local.

FRIDAY, MARCH 1, 1991

1559

SB 399. By Senators Ragan of the 32nd, Newbill of the 56th, Clay of the 37th and others:
A bill to amend an Act creating a new charter for the City of Smyrna, as amended, so as to change the corporate limits of the City of Smyrna.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 401. By Senator Starr of the 44th:
A bill to amend an Act creating the State Court of Clayton County, as amended, so as to change the compensation of the judges of said court; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 402. By Senator Starr of the 44th:
A bill to amend an Act incorporating the City of Riverdale, as amended, so as to remove certain property from the corporate limits of the city.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 403. By Senator Starr of the 44th:
A bill to amend an Act creating the board of commissioners of Clayton County, as amended, so as to change the provisions relating to the compensation of the chairman; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 404. By Senator Starr of the 44th:
A bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, as amended, so as to change the provisions relating to the salary of the sheriff and clerk of the superior court; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 405. By Senator Starr of the 44th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, as amended, so as to change the provisions relating to the salary of the tax commissioner; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 406. By Senator Starr of the 44th:
A bill to amend an Act creating the State Court of Clayton County, as amended, so as to change the compensation of the solicitor of said court; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

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SB 413. By Senators Phillips of the 9th and White of the 48th:
A bill to amend an Act creating the board of commissioners of Gwinnett County, as amended, so as to change the organization of the governing authority of Gwinnett County; to provide for a county chairman elected county wide and a board of commissioners consisting of seven members elected from commissioner districts at the general election of 1992 and thereafter.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 414. By Senator Foster of the 50th:
A bill to provide for the creation of one or more community improvement districts in the City of Dahlonega; to provide for a short title; to provide for the purposes of the said districts; to provide for definitions; to provide for boards to administer said districts; to provide for taxes, fees, and assessments; to provide for the boundaries of said districts.
Referred to the Committee on State Planning & Community Affairs - Local.

SR 166. By Senators Tate of the 38th, Scott of the 36th, Walker of the 22nd and others:
A resolution creating the Urban Policy Study Commission.
Referred to the Committee on Rules.

Under the general order of business, established by the Committee on Rules, the fol-
lowing Bills of the House and Senate were taken up for consideration and read the third time:

HB 782. By Representatives Fennel of the 155th, Smith of the 156th and Coleman of the 118th:
A bill to amend Code Section 32-10-71 of the Official Code of Georgia Annotated, relating to acquisition, maintenance, and operation of tollway projects, so as to authorize certain local governments to establish a parking fee for persons using certain tollway facilities; to authorize the local government to contract with the State Tollway Authority for assistance in collection of the fee.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 32-10-71 of the Official Code of Georgia Annotated, relating to acquisition, maintenance, and operation of tollway projects, so as to authorize certain local governments to establish a parking fee on roads, streets, and facilities owned by the local government for the purpose of maintenance, repair, and restoration of public beaches; to authorize the local government to contract with the State Tollway Authority for assistance in collection of the fee; to authorize the Department of Transportation to assist in the collection of such fees; to provide for reimbursement to the department and the authority by the local government; 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 32-10-71 of the Official Code of Georgia Annotated, relating to acquisition, maintenance, and operation of tollway projects, is amended by designating

FRIDAY, MARCH 1, 1991

1561

the existing language of Code Section 32-10-71 as subsection (a) and by adding a new subsection (b) to read as follows:
"(b) When an existing state tollway facility has been acquired from a local government by the authority or the department, and the state tollway facility provides access to an island with public beaches that are in need of maintenance, repair, or restoration, the State Tollway Authority may assist the local government in the collection of a parking fee for each vehicle entering the island. The local government is authorized to set a fee on roads, streets, and parking facilities owned by the local government for such purposes and may contract with the authority to collect the fee. The department is authorized to assist the authority in the collection of the fee. The local government shall reimburse the department and the authority for any costs associated with executing the terms of the contract."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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, by substitute, the ayes were 93, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 901. By Representatives Watson of the 114th and Pettit of the 19th:
A bill to amend Article 1 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the organization and membership of the Public Service Commission, so as to change the method of calculating the special fee required of corporations and utilities subject to the jurisdiction of the Public Service Commission.

The following Committee substitute was read and adopted:

A BILL
To amend Article 1 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the organization and membership of the Public Service Commission, so as to change the method of calculating the special fee required of corporations and utilities subject to the jurisdiction of the Public Service Commission; to change the amount and time of payment of such special fees; to provide that certain revenues of a telephone utility shall not be used to calculate the special fee required of such a telephone utility; to repeal certain provisions relating to tax assessments and appeals thereof; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the organization and membership of the Public Service Commission, is amended by striking in its entirety Code Section 46-2-10, relating to the payment of special fee by corporations and utilities subject to the jurisdiction of the Public Service Commission, and inserting in lieu thereof a new Code Section 46-2-10 to read as follows:
"46-2-10. (a) There shall be paid by all public service corporations and utilities which are subject to the jurisdiction of the Public Service Commission a special fee in addition to all other fees required by law. Such fee shall be fixed by the state revenue commissioner upon each of such public service corporations or utilities according to the value of its property gross revenues of each such public service corporation or utility resulting from intrastate service regulated by the commission, as ascertained by the last preceding state tax assessment state revenue commissioner from reports filed with the

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state revenue commissioner by such public service corporations and utilities and from gross revenues reported for income tax purposes pursuant to Chapter 7 of Title 48, and shall be apportioned among such public service corporations or utilities upon the basis of such valuation gross revenues so as to produce a revenue of $1,060,000.00 $2 million per annum. Notwithstanding any other provisions of this Code section, the gross revenues of a telephone utility shall not include revenues of such a utility received from the collection of interstate tolls, interstate access or subscriber line charges, interstate call charges, amounts paid by a telecommunications service provider to any other telecommunications service provider for carrier access charges, or any charges for any unregulated services. Any revenues collected by a local exchange company as a billing and collection agent shall be excluded from the calculation of the gross revenues of the local exchange company.
(b) (1) Not later than December 1, 1996 1991, the state revenue commissioner shall notify each public service corporation or utility of the state of the amount due by it under this Code section, and the fee shall be paid into the general fund of the state by January 20, 1991 1992. Such sum of $1,060,000.00 $2 million shall be available for appropriation in an amount sufficient to cover the cost of operating the Public Service Commission.
(2) Effective January 1, 1991 1992, not later than April 1 of each year, the state revenue commissioner shall notify each public service corporation or utility of the state of the amount due by it under this Code section, and the fee shall be paid into the general fund of the state by July 1 of such year. Such sum of $1,060,000.00 $2 million shall be available for appropriation in an amount sufficient to cover the cost of operating the Public Service Commission. (c) fe the event a public service corporation er utility appeals ite last preceding state
tflX ftS96S9ITlCIltj tnC IlHdl OULCOW1C Or SUCft 8.R ftppCflr Sflftri io tflC u&SIS rOP ft FOV18GC1
apportionment ef fees which wiH fee applied toward future public service corporation fee assessments. In case of default in payment by any public service corporation or utility of the fee provided for in this Code section, the state revenue commissioner shall proceed to collect the same in the same manner as franchise taxes are collected."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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, by substitute, the ayes were 103, nays 5.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 835. By Representative Lane of the 27th:
A bill to amend Chapter 4 of Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to provide mobility impaired persons and their service dogs with the same rights and privileges granted to blind and deaf persons and their guide dogs with respect to public accommodations and housing accommodations.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 102, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

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1563

HB 720. By Representatives Lawson of the 9th and Lord of the 107th:
A bill to amend Code Section 9-11-12 of the Official Code of Georgia Annotated, relating to answer, defenses, and objections in civil proceedings, so as to provide that an application for a stay of proceedings pursuant to the federal Soldiers' and Sailors' Civil Relief Act of 1940 shall not constitute an appearance for any purpose of a civil proceeding.
The following Committee substitute was read and adopted:
A BILL
To amend Code Section 9-11-12 of the Official Code of Georgia annotated, relating to answer, defenses, and objections in civil proceedings, so as to provide that an application for a stay of proceedings pursuant to the federal Soldiers' and Sailors' Civil Relief Act of 1940 shall not constitute an appearance for any purpose of a civil proceeding; 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 9-11-12 of the Official Code of Georgia annotated, relating to answer, defenses, and objections in civil proceedings, is amended by adding a new subsection immediately following subsection (i) to read as follows:
"(j) Stay of proceedings. An application for a stay of proceedings, whether by motion, correspondence, pleading, or otherwise, pursuant to Section 201 of the federal Soldiers' and Sailors' Civil Relief Act of 1940, as now or hereafter amended, shall not constitute an appearance for any purpose except for the purpose of obtaining the relief authorized by said Act."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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, by substitute, the ayes were 101, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 905. By Representatives Ware of the 77th, Dunn of the 73rd, Ricketson of the 82nd and Jones of the 71st:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to delete provisions requiring notice of cancellation or nonrenewal of an individual accident and sickness insurance policy; to require a notice of nonrenewal or termination of a group accident and sickness insurance policy.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 906. By Representatives Ware of the 77th, Dunn of the 73rd, Ricketson of the 82nd and Jones of the 71st:
A bill to amend Chapter 31 of Title 33 of the Official Code of Georgia Annotated, relating to credit life insurance and credit accident and sickness insurance, so as to provide for the applicability of said Chapter 31 to life and accident and sickness insurance sold on and after July 1, 1991.

1564

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 102, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 798. By Representative Connell of the 87th:
A bill 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 any individual, partnership, association, joint-stock company, trust, or corporation authorized to transact business within the State of Georgia may monitor and record telephone conversations between its employees and its customers for the sole purpose of developing customer service.

The following Committee substitute was read and adopted:

A BILL
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 add additional persons who may be exempt from the provisions of part of said part when permitted as provided therein; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 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, is amended by striking Code Section 16-11-65, relating to a license to intercept telephonic communications, and inserting in lieu thereof the following:
"16-11-65. (a) Nothing contained within Code Section 16-11-62 shall prohibit the employment and use of any equipment or device which is owned by any person or is furnished by any telephone company authorized to do business in this state under proper tariffs filed with and approved by the Georgia Public Service Commission which may be attached to any telephonic equipment of any user of or subscriber to such equipment which permits the interception of telephonic communications solely for the purposes of business service improvement when the user of or subscriber to such facilities and equipment has duly applied for and obtained from the Georgia Public Service Commission a license for the employment and installation of the equipment. No license shall be issued until the applicant has demonstrated to the commission a clear, apparent, and logically reasonable need for the use of the equipment in connection with a legitimate business activity of the user or subscriber and demonstrated to the satisfaction of the commission that it will be operated by persons of good moral character and that the equipment will be used in a lawful manner and in conformity with the tariffs filed for the equipment. The commission is authorized to establish the necessary procedures to be employed and followed in applying for such permits and to require from the user or subscriber of such equipment the furnishing of any reasonable information required by the commission in regard to the intended and actual use of the equipment.
(b) The Georgia Public Service Commission is authorized to revoke any license and to order any owner of such equipment or any telephone company supplying such equipment to remove from the premises of the licensee the equipment when it is established to the satisfaction of the commission that the equipment is being used in an unlawful manner contrary to the tariff applicable to the equipment or in a manner contrary to the purposes and uses for which the license had been issued. Such licenses may also be revoked by the commission if it is subsequently discovered that a material misrepresentation of fact has been made in applying for the license. The commission is authorized

FRIDAY, MARCH 1, 1991

1565

to promulgate such rules and regulations in connection with the licensing and revocation thereof of such users of such equipment as will enable it to carry out the purposes, duties, and responsibilities imposed upon the commission by this Code section. Such rules and regulations shall afford to any aggrieved licensee an opportunity to a full and impartial hearing before the commission. The commission shall further have the authority to adopt any and all appropriate rules and regulations of any sort to ensure the privacy of telephonic and telegraphic communications. A violation of such rules and regulations shall be a violation of this part.
(c) All telephone companies shall have printed in a conspicuously accessible location within their directories a notice to the public that there is available without cost at the business office of the telephone company served by the directory a list of subscribers of such equipment which will be made available to any member of the general public requesting the same from such companies.
(d) The provisions of this part shall not apply to acts by duly authorized employees of any telephone company regulated by the Georgia Public Service Commission, with regard to the reasonable and limited intercepting of telephone communications under circumstances reasonably calculated to assure the privacy of telephone communications when such interception is accomplished solely for the purpose of maintaining the quality of service furnished to the public or for the purpose of preventing the unlawful use of telephone service. All such telephone companies shall adopt regulations and procedures consistent with the requirements of this Code section governing the use of equipment which permits the interception of telephone messages by their employees and file the same with the commission. After being filed with the commission, such regulations and procedures shall be public records."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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, by substitute, the ayes were 97, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 760. By Representatives Chambless of the 133rd and Cheeks of the 89th:
A bill to amend Chapter 6 of Title 29 of the Official Code of Georgia Annotated, relating to guardians of beneficiaries of the United States Department of Veterans Affairs, so as to change the provisions on compensation of guardians.

The following amendment was read and adopted:

The Committee on Judiciary moves to amend HB 760 on page 2, line 15 by deleting "10" and inserting in lieu thereof "5".

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, as amended, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams
Y Aiken Y Alford Y Atkins

Y Baker Balkcom
Y Barfoot Y Bargeron
Barnett,B

Y Barnett.M Y Bates
Y Beatty Y Benefield
Birdsong

Blitch Y Bordeaux
Y Bostick Y Branch Y Breedlove

Y Brooks Y Brown
Y Brush Y Buck Y Buckner

1566

JOURNAL OF THE HOUSE,

YByrd Y Campbell Y Canty Y Carrell Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark,E
Clark,H
Y Clark.L Y Coker
Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B Y Cummings,M Y Davis.G Y Davis,M
Dixon.H Y Dixon,S Y Dobbs
Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M

Y Floyd,J.W YFlynt Y Godbee Y Golden Y Goodwin
Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Banner Y Harris,B Y Harris,J Y Heard
Y Henson Y Herbert Y Hightower Y Holland E Holmes Y Howard Y Hudson Ylrwin Y Jackson
Jamieson Y Jenkins
Jones Y Kilgore YKing
Kingston Y Klein

YLadd Y Lane.D Y Lane,R Y Langiford Y Lawrence Y Lawson YLee
Long YLord
Y Lucas Lupton
YMann Y Martin
Y McCoy Y McKelvey
McKinney.B Y McKinney.C
Y Meadows Y Merritt YMilam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie
Mueller Y Oliver.C Y Oliver.M
YOrr Y Orrock
Padgett

Y Parham Y Parrish Y Patten Y Pelote Y Perry
Pettit Y Pinholster
Pinkston
YPoag Porter
Y Poston Y Powell.A Y Powell.C Y Purcell Y Randall
YRay Y Reaves
Redding Y Ricketson Y Royal
Selman Y Sherrill
Simpson Y Sinkfield Y Skipper Y Smith,L Y Smith,P
Smith.T Smith.W YSmyre YSnow

Y Stancil.F Y Stancil,S
Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas,M Y Thomas,N
Thurmond
Y Titus Tolbert Townsend
Y Turnquest Twiggs
Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall Y Ware Y Watson Y Watts Y White
Wilder Y Williams.B Y Wffliams,J Y Williams,R Y Yeargin
Murphy.Spkr

On the passage of the Bill, as amended, the ayes were 148, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 822. By Representatives Walker of the 115th, Coleman of the 118th, Murphy of the 18th and Buck of the 95th:
A bill 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 repeal the existing "Georgia Computer Systems Protection Act" and enact a new "Georgia Computer Systems Protection Act".

The following Committee substitute was read:

A BILL
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 repeal the existing "Georgia Computer Systems Protection Act" and enact a new "Georgia Computer Systems Protection Act"; to provide for legislative intent; to provide for definitions; to provide for criminal liability and penalties for the crimes of computer theft, computer trespass, computer invasion of privacy, computer forgery, and computer password disclosure; to provide for civil remedies and damages; to provide for venue; to provide for other 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 9 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving forgery and fraudulent practices, is amended by repealing in its entirety Article 6, the "Georgia Computer Systems Protection Act," and inserting in its place a new Article 6 to read as follows:
"ARTICLE 6
16-9-90. This article may be cited as the 'Georgia Computer Systems Protection Act.'

FRIDAY, MARCH 1, 1991

1567

16-9-91. The General Assembly finds that: (1) Computer related crime is a growing problem in the government and in the pri-
vate sector; (2) Such crime occurs at great cost to the public, since losses for each incident of
computer crime tend to be far greater than the losses associated with each incident of other white collar crime;
(3) The opportunities for computer related crimes in state programs, and in other entities which operate within the state, through the introduction of fraudulent records into a computer system, unauthorized use of computer facilities, alteration or destruction of computerized information files, and stealing of financial instruments, data, or other assets are great;
(4) Computer related crime operations have a direct effect on state commerce; (5) Liability for computer crimes should be imposed on all persons, as that term is defined in this title; and (6) The prosecution of persons engaged in computer related crime is difficult under previously existing Georgia criminal statutes. 16-9-92. As used in this article, the term: (1) 'Computer' means an electronic, magnetic, optical, electrochemical, or other high-speed data processing device or system performing computer operations with or on data and includes any data storage facility or communications facility directly related to or operating in conjunction with such device; but such term does not include an automated typewriter or typesetter, portable hand-held calculator, household appliance, or other similar device that is not used to communicate with or to manipulate any other computer. (2) 'Computer network' means a set of related, remotely connected computers and any communications facilities with the function and purpose of transmitting data among them through the communications facilities. (3) 'Computer operation' means computing, classifying, transmitting, receiving, retrieving, originating, switching, storing, displaying, manifesting, measuring, detecting, recording, reproducing, handling, or utilizing any form of data for business, scientific, control, or other purposes. (4) 'Computer program' means one or more statements or instructions composed and structured in a form acceptable to a computer that, when executed by a computer in actual or modified form, cause the computer to perform one or more computer operations. The term 'computer program' shall include all associated procedures and documentation, whether or not such procedures and documentation are in human readable form. (5) 'Data' includes any representation of information, intelligence, or data in any fixed medium, including documentation, computer printouts, magnetic storage media, punched cards, storage in a computer, or transmission by a computer network. (6) 'Financial instruments' includes any check, draft, money order, note, certificate of deposit, letter of credit, bill of exchange, credit or debit card, transactionauthorizing mechanism, or marketable security, or any computer representation thereof. (7) 'Property' includes computers, computer networks, computer programs, data, financial instruments, and services. (8) 'Services' includes computer time or services or data processing services.
(9) 'Use' includes causing or attempting to cause:
(A) A computer or computer network to perform or to stop performing computer operations;
(B) The obstruction, interruption, malfunction, or denial of the use of a computer, computer network, computer program, or data; or
(C) A person to put false information into a computer.
(10) 'Victim expenditure' means any expenditure reasonably and necessarily incurred by the owner to verify that a computer, computer network, computer program, or data was or was not altered, deleted, damaged, or destroyed by unauthorized use.

1568

JOURNAL OF THE HOUSE,

(11) 'Without authority' includes the use of a computer or computer network in a manner that exceeds any granted right or permission. 16-9-93. (a) Computer Theft. Any person who uses a computer or computer network with knowledge that such use is without authority and with the intention of:
(1) Taking or appropriating any property of another, whether or not with the intention of depriving the owner of possession;
(2) Obtaining property by any deceitful means or artful practice; or (3) Converting property to such person's use in violation of an agreement or other known legal obligation to make a specified application or disposition of such property shall be guilty of the crime of computer theft. (b) Computer Trespass. Any person who uses a computer or computer network with knowledge that such use is without authority and with the intention of: (1) Deleting or in any way removing, either temporarily or permanently, any computer program or data from a computer or computer network; (2) Obstructing, interrupting, or in any way interfering with the use of a computer program or data; or (3) Altering, damaging, or in any way causing the malfunction of a computer, computer network, or computer program, regardless of how long the alteration, damage, or malfunction persists shall be guilty of the crime of computer trespass. (c) Computer Invasion of Privacy. Any person who uses a computer or computer network with the intention of examining any employment, medical, salary, credit, or any other financial or personal data relating to any other person with knowledge that such examination is without authority shall be guilty of the crime of computer invasion of privacy. (d) Computer Forgery. Any person who creates, alters, or deletes any data contained in any computer or computer network, who, if such person had created, altered, or deleted a tangible document or instrument would have committed forgery under Article 1 of this chapter, shall be guilty of the crime of computer forgery. The absence of a tangible writing directly created or altered by the offender shall not be a defense to the crime of computer forgery if a creation, alteration, or deletion of data was involved in lieu of a tangible document or instrument. (e) Computer Password Disclosure. Any person who discloses a number, code, password, or other means of access to a computer or computer network knowing that such disclosure is without authority shall be guilty of the crime of computer password disclosure. (f) Article not Exclusive. The provisions of this article shall not be construed to preclude the applicability of any other law which presently applies or may in the future apply to any transaction or course of conduct which violates this article.
(g) Civil Relief; Damages. (1) Any person whose property or person is injured by reason of a violation of any provision of this article may sue therefor and recover for any damages sustained and the costs of suit. Without limiting the generality of the term, 'damages' shall include loss of profits and victim expenditure.
(2) At the request of any party to an action brought pursuant to this Code section, the court shall by reasonable means conduct all legal proceedings in such a way as to protect the secrecy and security of any computer, computer network, data, or computer program involved in order to prevent possible recurrence of the same or a similar act by another person and to protect any trade secrets of any party.
(3) The provisions of this article shall not be construed to limit any person's right to pursue any additional civil remedy otherwise allowed by law.
(4) A civil action under this Code section must be brought within four years after the violation is discovered or by exercise of reasonable diligence should have been discovered. For purposes of this article, a continuing violation of any one subsection of this Code section by any person constitutes a single violation by such person,
(h) Criminal Penalties. (1) Any person convicted of the crime of computer theft, computer trespass, computer invasion of privacy, or computer forgery shall be fined not more than $50,000.00 or imprisoned not more than 15 years, or both.

FRIDAY, MARCH 1, 1991

1569

(2) Any person convicted of computer password disclosure shall be fined as follows: (A) For a first violation which does not result in damages (including the fair
market value of any services used and victim expenditure) to the owner of the computer or computer network, or both, in excess of $400.00, by a fine not exceeding $5,000.00, or imprisonment not more than one year, or both; and
(B) For any violation which results in damages (including the fair market value of any services used and victim expenditure) in excess of $400.00, or for any second or subsequent violation, by a fine not more than $10,000.00, or imprisonment for 18 months, or both. 16-9-94. For the purpose of venue under this article, any violation of this article shall be considered to have been committed: (1) In the county of the principal place of business in this state of the owner of a computer, computer network, or any part thereof; and (2) In any county in which any person alleged to have violated any provision of this article had control or possession of any proceeds of the violation or of any books, records, documents, or property which were used in furtherance of the violation."
Section 2. This Act shall become effective on July 1, 1991.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Mills of the 20th, Walker of the 115th and Groover of the 99th move to amend the Committee substitute to HB 822 as follows:
By deleting the period and the " at the end of line 12, page 8 and adding the following:
"; and,
(3) In any county in which any act was performed in furtherance of any transaction which violated this article; and,
(4) In any county from which, to which, or through which any use of a computer or computer network was made, whether by wires, electromagnetic waves, microwaves, or any other means of communication."

The Committee substitute, as amended, was adopted.

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, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot
Bargeron Y Barnett,B
Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong
Y Blitch

Y Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd
Y Campbell Y Canty Y Carrell Y Carter Y Chafin
Y Chambless

Y Cheeks Y Childers Y Clark.E Y Clark.H Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth
Y Cummings,B Cummings.M
Y Davis.G Y Davis.M Y Dixon.H
Y Dixon.S

Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott
Felton Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt
Y Godbee Y Golden Y Goodwin Y Green Y Greene
Griffin

Y Groover Y Hamilton Y Hammond Y Banner Y Harris.B Y Harris,J Y Heard Y Henson Y Herbert Y Hightower
Y Holland E Holmes Y Howard Y Hudson Y Irwin
Y Jackson

1570

JOURNAL OF THE HOUSE,

Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein
Ladd Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson YLee
Long YLord Y Lucas
Y Lupton YMann Y Martin

Y McCoy Y McKelvey
McKinney,B McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley
Y Moody Y Morsberger Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham
Y Parrish

Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell Y Randall
YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill

Y Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith.W
Y Smyre YSnow Y Stancil.F Y Stancil.S
Stanley Y Stephens
Streat Y Taylor Y Teper
Y Thomas.C Y Thomas.M Y Thomas.N
Thurmond

Y Titus Y Tolbert Y Townsend Y Turnquest
Twiggs Y Valenti Y Vaughan Y Walker.J
Y Walker.L Y Wall
Ware Y Watson Y Watts
White Y Wilder Y Williams,B N Williams,J Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 160, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Ladd of the 44th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 814. By Representatives Alford of the 57th, Dobbs of the 74th, Milam of the 81st and Ware of the 77th:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Water Quality Control Act," so as to establish limits on the amount of phosphorus which may be contained in waste water discharged by certain water pollution control plants into the Chattahoochee River between Buford Dam and West Point Reservoir on or after January 1, 1992.

The following Committee substitute was read and adopted:

A BILL
To amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Water Quality Control Act," so as to establish limits on the amount of phosphorus which may be contained in waste water discharged by certain water pollution control plants into the Chattahoochee River between Buford Dam and West Point Reservoir on or after January 1, 1992; to provide for exceptions; 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 12 of the Official Code of Georgia Annotated, known as the "Georgia Water Quality Control Act," is amended by adding, following Code Section 12-5-23.1, a new Code Section 12-5-23.2 to read as follows:
"12-5-23.2. Notwithstanding the provisions of Code Section 12-5-23 or any rule, regulation, or order adopted or issued pursuant to this article, no person who has been issued a National Pollutant Discharge Elimination System permit which allows the discharge of 1,000,000 gallons or more per day from a water pollution control plant operated by such person which discharges waste water into the Chattahoochee River between Buford Dam and West Point Reservoir shall discharge waste water from any such water pollution control plant on or after January 1, 1992, which contains more than 0.75 milligrams of phosphorus per liter of waste water on a monthly average basis or which fails

FRIDAY, MARCH 1, 1991

1571

to comply with any stricter standard adopted pursuant to Code Section 12-5-23; provided, however, that, notwithstanding the provisions of this Code section, any person who has been issued a National Pollutant Discharge Elimination System permit and who has entered into a finalized consent order shall conform to the schedule adopted in such order, but in no event shall compliance with the discharge limitation provided by this Code section be extended beyond July 4, 1996."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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, by substitute, the roll call was ordered and the vote was as follows:

Y Abernathy
Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates
Beatty Y Benefield
Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch
Breedlove Y Brooks
Brown Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Chafin
Chambless Y Cheeks Y Childers Y Clark,E Y Clark.H

Y Clark.L
Coker Y Coleman
Colwell Y Connell
Y Culbreth Y Cummings.B
Cummings,M Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S
Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton
Fennel Floyd,J.M
Y Floyd,J.W Flynt
Y Godbee Y Golden Y Goodwin Y Green Y Greene
Griffin Y Groover
Y Hamilton Y Hammond
Hanner Y Harris.B Y Harris,J Y Heard Y Henson

Herbert Y Hightower Y Holland E Holmes
Howard Y Hudson Y Irwin
Y Jackson Y Jamieson
Y Jenkins Y Jones Y Kilgore
YKing Y Kingston
Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence
Y Lawson YLee
Long YLord Y Lucas Y Lupton YMann
Martin Y McCoy Y McKelvey
McKinney,B McKinney.C Y Meadows Y Merritt Y Milam Y Mills

Y Mobley Y Moody
Y Morsberger Y Moultrie Y Mueller Y Oliver.C
Oliver.M YOrr
Orrock Y Padgett Y Parham
Parrish Y Patten Y Pelote Y Perry Y Pettit
Pinholster Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Purcell Y Randall
YRay Y Reaves
Redding Ricketson Y Royal Y Selman Y Sherrill
Y Simpson Y Sinkfield
Skipper Y Smith,L

Smith,P Y Smith,T
Smith,W
Y Smyre YSnow Y Stancil.F Y Stancil,S
Stanley
Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas,N
Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest
Twiggs Y Valenti
Y Vaughan Y Walker,J Y Walker,L Y Wall
Ware Y Watson Y Watts Y White
Y Wilder Y Williams,B Y Williams.J Y Williams.R Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 144, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 360. By Representatives Barnett of the 10th, Stancil of the 8th and Pinholster of the 8th:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, so as to create a new third judgeship for the Blue Ridge Judicial Circuit.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

1572

JOURNAL OF THE HOUSE,

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom N Barfoot N Bargeron Y Barnett,B Y Barnett,M N Bates Y Beatty Y Benefield
Birdsong N Blitch Y Bordeaux
Y Bostick N Branch Y Breedlove N Brooks N Brown Y Brush YBuck Y Buckner
YByrd Y Campbell
N Canty Carrell Carter
Y Chafin Y Chambless
Y Cheeks N Childers Y Clark,E Y Clark.H

Y Clark,L Y Coker Y Coleman Y Colwell Y Connell
Y Culbreth Y Cummings3 N Cummings,M Y Davis.G Y Davis,M N Dixon.H Y Dixon.S N Dobbs Y Dover Y Dunn
Y Edwards Elliott
Y Felton Y Fennel
Y Floyd,J.M Y Floyd,J.W YFlynt YGodbee Y Golden Y Goodwin Y Green N Greene
Griffin Y Groover Y Hamilton Y Hammond
Hanner Y Harris.B
Y Harris,J
Heard Y Henson

Y Herbert Y Hightower Y Holland E Holmes Y Howard N Hudson Y Irwin
Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing
Kingston Y Klein YLadd Y Lane,D Y Lane.R Y Langford Y Lawrence Y Lawson YLee
Long
YLord
Lucas Lupton YMann Y Martin YMcCoy N McKelvey Y McKinney.B N McKinney.C Y Meadows N Merritt N Milam Y Mills

Y Mobley Moody
Y Morsberger
Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
YOrr N Orrock Y Padgett Y Parham Y Parrish Y Patten N Pelote Y Perry Y Pettit Y Pinholster
Pinks ton YPoag Y Porter Y Poston
Powell,A Y Powell.C Y Purcell Y Randall NRay
Reaves
N Redding Ricketson
Y Royal Y Selman Y Sherrill
Simpson Y Sinkfield Y Skipper Y Smith.L

Y Smith.P Y Smith.T
Smith.W Y Smyre YSnow N Stancil.F Y Stancil.S
Stanley Y Stephens
Streat N Taylor Y Teper Y Thomas.C N Thomas.M
Thomas.N Thurmond Y Titus Tolbert N Townsend Y Turnquest Twiggs Y Valenti Y Vaughan Y Walker,J Walker.L
Y Wall Ware
Y Watson Y Watts N White Y Wilder
Williams.B N Williams,J Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 123, nays 28. The Bill, having received the requisite constitutional majority, was passed.

HB 398. By Representatives Irwin of the 57th, Alford of the 57th and Henson of the 57th:
A bill to provide for an additional judge of the superior court of Rockdale Judicial Circuit.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom N Barfoot N Bargeron Y Barnett,B Y Barnett,M N Bates
Y Beatty Y Benefield
Birdsong N Blitch

Y Bordeaux Y Bostick
N Branch Y Breedlove N Brooks N Brown Y Brush YBuck Y Buckner YByrd Y Campbell
N Canty Carrell
Carter Y Chafin Y Chambless

Y Cheeks N Childers
Y Clark,E Y Clark.H Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B N Cummings,M
Y Davis.G Y Davis.M N Dixon.H Y Dixon.S

N Dobbs Y Dover Y Dunn
Y Edwards Elliott
Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin Y Green
N Greene Griffin

Y Groover Y Hamilton Y Hammond
Hanner Y Harris.B Y Harris,J
Heard Y Henson
Y Herbert Y Hightower
Y Holland E Holmes Y Howard N Hudson Y Irwin Y Jackson

FRIDAY, MARCH 1, 1991

1573

Y Jamieson Y Jenkins Y Jones Y Kilgore YKing
Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence
Y Lawson YLee
Long YLord
Lucas Lupton YMann Y Martin

Y McCoy
N McKelvey Y McKinney.B N McKinney.C
Y Meadows N Merritt N Milam Y Mills Y Mobley
Moody Y Morsberger
Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr N Orrock Y Padgett Y Parham Y Parrish

Y Patten N Pelote Y Perry Y Pettit
Y Pinholster Pinkston
YPoag Y Porter
Y Poston Powell.A
Y Powell.C Y Purcell Y Randall NRay
Reaves
N Redding Ricketson
Y Royal Y Selman Y Sherrill

Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith.P Y Smith.T
Smith.W Y Smyre YSnow N Stancil.F
Y Stancil.S Stanley
Y Stephens Streat
N Taylor Y Teper
Y Thomas.C N Thomas.M
Thomas.N Thurmond

Y Titus Tolbert
N Townsend Y Turnquest
Twiggs
Y Valenti Y Vaughan Y Walker.J
Walker.L Y Wall
Ware Y Watson Y Watts N White Y Wilder
Williams.B N Williams,J Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 123, nays 28. The Bill, having received the requisite constitutional majority, was passed.

HB 516. By Representative Holmes of the 28th:
A bill to provide for an additional judge of the superior court of the Atlanta Judicial Circuit.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford
Y Atkins Y Baker Y Balkcom N Barfoot N Bargeron Y Barnett.B Y Barnett.M N Bates Y Beatty Y Benefield
Birdsong N Blitch Y Bordeaux Y Bostick N Branch Y Breedlove N Brooks N Brown Y Brush YBuck
Y Buckner YByrd Y Campbell
N Canty Carrell Carter
Y Chafm Y Chambless Y Cheeks N Childers Y Clark.E Y Clark.H

Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth
Y Cumraings.B N Cummings.M Y Davis.G Y Davis.M N Dixon.H
Y Dixon.S N Dobbs Y Dover Y Dunn Y Edwards
Eliiott Y Felton Y Fennel Y Floyd.J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden
Y Goodwin Y Green
N Greene Griffin
Y Groover Y Hamilton Y Hammond
Manner Y Harris.B Y Harris,J
Heard Y Henson

Y Herbert Y Hightower Y Holland
E Holmes Y Howard N Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing
Kingston Y Klein
YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee
Long YLord
Lucas Lupton Y Mann Y Martin
Y McCoy N McKelvey Y McKinney.B N McKinney.C Y Meadows N Merritt N Milam Y Mills

Y Mobley Moody
Y Morsberger Y Moultrie Y Mueller Y Oliver.C
Y Oliver.M YOrr
N Orrock Y Padgett Y Parham Y Parrish Y Patten N Pelote Y Perry Y Pettit Y Pinholster
Pinkston
YPoag Y Porter Y Poston
Powell.A Y Powell.C Y Purcell Y Randall NRay
Reaves N Redding
Ricketson Y Royal Y Selman Y Sherrill
Simpson Y Sinkfield Y Skipper Y Smith,L

On the passage of the Bill, the ayes were 123, nays 28.

Y Smith.P Y Smith.T
Smith.W Y Smyre Y Snow N Stancil.F Y Stancil.S
Stanley Y Stephens
Streat N Taylor
Y Teper Y Thomas.C N Thomas.M
Thomas.N Thurmond Y Titus Tolbert N Townsend Y Turnquest Twiggs Y Valenti Y Vaughan Y Walker,J Walker.L Y Wall Ware Y Watson
Y Watts N White Y Wilder
Williams.B N Williams,J Y Williams,R
Y Yeargin Murphy ,Spkr

1574

JOURNAL OF THE HOUSE,

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

HB 534. By Representatives Wall of the 61st, Orr of the 9th, Lawson of the 9th, Jackson of the 9th, Breedlove of the 60th and others:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, so as to create a new sixth judgeship for the Gwinnett Judicial Circuit.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken
Y Alford Y Atkins Y Baker
Y Balkcom NBarfoot N Bargeron Y Barnett,B Y Barnett.M N Bates
Y Beatty Y Benefield
Birdsong N Blitch Y Bordeaux
Y Bostick N Branch Y Breedlove
N Brooks N Brown Y Brush YBuck
Y Buckner YByrd Y Campbell N Canty
Carrell Carter Y Chafin Y Chambless Y Cheeks N Childers Y Clark.E Y Ciark.H

Y Clark.L
Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B N Cummings,M Y Davis.G Y Davis.M N Dixon.H Y Dixon.S N Dobbs Y Dover Y Dunn
Y Edwards Elliott
Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt Y Godbee
Y Golden Y Goodwin Y Green N Greene
Griffin
Y Groover Y Hamilton Y Hammond
Manner Y Harris.B Y Harris.J
Heard Y Henson

Y Herbert Y Hightower Y Holland E Holmes Y Howard N Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing
Kingston Y Klein
YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee
Long
YLord
Lucas Lupton YMann Y Martin
Y McCoy N McKelvey Y McKinney.B N McKinney.C Y Meadows N Merritt N Milam Y Mills

Y Mobley Moody
Y Morsberger Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M
YOrr N Orrock
Y Padgett Y Parham Y Parrish
Y Patten N Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter Y Poston
Powell,A
Y Powell.C Y Purcell Y Randall
NRay Reaves
N Redding Ricketson
Y Royal Y Selman Y Sherrill
Simpson Y Sinkfield Y Skipper Y Smith.L

Y Smith,P Y Smith.T
Smith.W Y Smyre YSnow N Stancil.F Y StanciLS
Stanley Y Stephens
Streat N Taylor Y Teper Y Thomas.C N Thomas.M
Thomas.N Thurmond Y Titus Tolbert N Townsend Y Turnquest Twiggs Y Valenti Y Vaughan Y Walker,J Walker.L Y Wall Ware Y Watson Y Watts N White Y Wilder Williams,B N Williams,J Y Williams,R
Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 123, nays 28. The Bill, having received the requisite constitutional majority, was passed.

SB 26. By Senator Alien of the 2nd:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to number of judges of superior courts, so as to provide for a sixth judge of the Superior Court of the Eastern Judicial Circuit of Georgia; to provide for the appointment of such additional judge by the Governor.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

FRIDAY, MARCH 1, 1991

1575

Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom N Barfoot N Bargeron Y Barnett.B Y Bamett.M
N Bates Y Beatty Y Benefield
Birdsong N Blitch Y Bordeaux Y Bostick N Branch Y Breedlove
N Brooks N Brown Y Brush YBuck
Y Buckner YByrd Y Campbell N Canty
Carrell Carter Y Chafm Y Chambless
Y Cheeks N Childers Y Clark,E
Y Clark,H

Y Clark,L Y Coker Y Coleman Y Colwell Y Connell
Y Culbreth Y Cummings.B N Cummings.M
Y Davis.G Y Davis.M N Dixon.H Y Dixon,S N Dobbs Y Dover Y Dunn Y Edwards
Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Y Flynt YGodbee
Y Golden Y Goodwin
Y Green N Greene
Griffin Y Groover Y Hamilton Y Hammond
Hanner
Y Harris.B Y Harris,J
Heard Y Henson

Y Herbert Y Hightower Y Holland E Holmes Y Howard
N Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins
Y Jones Y Kilgore YKing
Kingston Y Klein
YLadd Y Lane.D
Y Lane,R Y Langford Y Lawrence Y Lawson YLee
Long YLord
Lucas Lupton YMann Y Martin Y McCoy N McKelvey Y McKinney,B N McKinney.C Y Meadows N Merritt N Milam Y Mills

Y Mobley Moody
Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr N Orrock
Y Padgett Y Parham
Y Parrish Y Patten N Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter Y Poston
Powell,A Y Powell.C Y Purcell Y Randall NRay
Reaves N Redding
Ricketson Y Royal Y Selman Y Sherrill
Simpson Y Sinkfield Y Skipper Y Smith.L

Y Smith.P Y Smith.T
Smith.W Y Smyre YSnow N Stancil,F Y Stancil.S
Stanley
Y Stephens Streat
N Taylor Y Teper Y Thomas.C N Thomas.M
Thomas.N Thurmond Y Titus Tolbert N Townsend Y Turnquest Twiggs Y Valenti Y Vaughan Y Walker,J Walker.L Y Wall Ware Y Watson
Y Watts N White Y Wilder
Williams,B N Williams,J Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 123, nays 28. The Bill, having received the requisite constitutional majority, was passed.

HB 886. By Representatives Watts of the 41st, Parham of the 105th and Watson of the 114th:
A bill 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 require vehicles used to transport certain substances to be marked in a certain way.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

Representative Lane of the 27th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:
Your Committee on State Planning & Community Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 928 Do Pass

1576

JOURNAL OF THE HOUSE,

Respectfully submitted, /s/ Lane of the 27th
Chairman

Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the House were taken up for consideration and read the third time:

HR 288. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st, Kilgore of the 42nd and Alford of the 57th

A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the election of local boards of education; to provide for the appointment of local school superintendents by elected local boards of education; to repeal the requirement that the composition of local boards of education only be accomplished pursuant to local law; 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 VIII, Section V of the Constitution is amended by striking in its entirety Paragraph II and inserting in lieu thereof a new Paragraph II to read as follows:
"Paragraph II. Boards of education. Each school system shall be under the management and control of a board of education, the members of which shall be elected er appointed as provided by law. School board members shall reside within the territory embraced by the school system and shall have such compensation and additional qualifications as may be provided by law."
Section 2. Said article and section is further amended by striking in its entirety Paragraph III and inserting in lieu thereof a new Paragraph III to read as follows:
"Paragraph III. School superintendents. There shall be a school superintendent of each system appointed by the board of education who shall be the executive officer of the board of education and shall have such qualifications, powers, and duties as provided by general law. Any elected school superintendent in office on January 1^ 1993, shall continue to serve out the remainder of his or her respective term of office and shall be replaced by an appointee of the board of education at the expiration of such term."
Section 3. Said article and section is further amended by striking in its entirety Paragraph IV which reads as follows:
"Paragraph IV. Changes in school boards and superintendent, (a) The composition of school boards, the term of office, and the methods of selecting board members and school superintendents, including whether elections shall be partisan or nonpartisan, shall be as provided by law applicable thereto on June 30, 1983, but may be changed thereafter only by local law, conditioned upon approval by a majority of the qualified voters voting thereon in the system affected. It shall not be necessary for a local law which reapportions election districts from which members of a local board of education are elected to be conditioned on the approval of the voters as herein required.
(b) School systems which are authorized on June 30, 1983, to make the changes listed in subparagraph (a) of this Paragraph by local law without a referendum may continue to do so.", and inserting in lieu thereof the following:
"Paragraph IV. Reserved."
Section 4. 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:

FRIDAY, MARCH 1, 1991

1577

YES ( ) NO

Shall the Constitution be amended so as to provide that local boards of education be elected, that local school superintendents be appointed by an elected board of education, and for the repeal of inconsistent provisions?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote
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 following amendment was read:

Representatives Lawson of the 9th and Jackson of the 9th move to amend HR 288 byadding on line 17 of page 1 following the word "law" the following:
"j provided, however, that the members of the board of education of each independent school system shall be elected or appointed as provided by law".
By adding on line 7 of page 3 immediately after the word "education" the following:
", excluding boards of education of independent school systems,".

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

Abernathy N Adams N Aiken N Alford N Atkins N Baker N Balkcom N Barfoot N Bargeron Y Barnett,B
Y Barnett.M N Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux
Bostick Y Branch Y Breedlove N Brooks Y Brown N Brush NBuck Y Buckner NByrd N Campbell N Canty Y Carrell
Carter Y Chafin Y Chambless
Y Cheeks N Childers
N Clark,E N Clark.H

Y Clark.L
N Coker Coleman
Colwell Y Connell N Culbreth
Y Cummtngs,B Cummings.M
N Davis.G Y Davis.M Y Diion.H N Dixon,S N Dobbs
Dover Dunn Y Edwards Y Elliott N Pelton N Fennel N FloydJ.M N Floyd,J.W
N Flynt NGodbee N Golden N Goodwin
Y Green N Greene
Griffin Y Groover
Hamilton Y Hammond N Manner
Harris.B N Harris,J
Heard Y Henson

N Herbert N Hightower N Holland E Holmes N Howard N Hudson Ylrwin
Y Jackson N Jamieson
N Jenkins Y Jones N Kilgore NKing Y Kingston
N Klein YLadd N Lane.D N Lane,R Y Langford
Y Lawrence Y Lawson YLee
Long YLord Y Lucas N Lupton NMann N Martin N McCoy Y McKelvey N McKinney.B
N McKinney.C N Meadows
Y Merritt Y Milam N Mills

Y Mobley N Moody Y Morsberger N Moultrie N Mueller N Oliver.C Y Oliver.M NOrr N Orrock N Padgett
Y Parham Y Parrish N Patten N Pelote Y Perry
N Pettit N Pinholster
Pinkston NPoag
N Porter Y Poston Y Powell,A N Powell.C
N Purcell N Randall NRay N Reaves Y Redding N Ricketson N Royal Y Selman N Sherrill N Simpson N Sinkfield Y Skipper
N Smith.L

On the adoption of the amendment, the ayes were 55, nays 106. The amendment was lost.

N Smith.P N Smith.T N Smith, W
N Smyre NSnow N Stancil.F N Stancil,S N Stanley N Stephens
N Streat N Taylor N Teper N Thomas.C
Thomas,M N Thomas.N N Thurmond Y Titus N Tolbert N Townsend N Turnquest
Twiggs Y Valenti N Vaughan N Walker,J Y Walker,L NWall
Ware N Watson N Watts N White N Wilder N Williams.B N Williams,J N Williams.R Y Yeargin
Murphy.Spkr

1578

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Abernathy
Y Adams Y Aiken Y Alford Y Atkins Y Baker
Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Bamett,M Y Bates N Beatty N Benefield N Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty N Carrell Y Carter N Chafin N Chambless Y Cheeks Y Childers Y Clark.E Y Clark,H

N Clark.L Y Coker Y Coleman N Colwell N Connell Y Culbreth
Cummings.B Cummings.M
Y Davis.G Y Davis.M Y Dixon,H Y Dixon,S Y Dobbs Y Dover
YDunn N Edwards N Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Y Flynt Y Godbee
Y Golden Y Goodwin
Y Green Y Greene
Griffin
N Groover
Y Hamilton Y Hammond N Manner Y Harris.B Y Harris,J
Y Heard Y Henson

Y Herbert Y Hightower
N Holland E Holmes Y Howard Y Hudson Y Irwin N Jackson Y Jamieson N Jenkins
Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd N Lane,D N Lane.R Y Langford Y Lawrence N Lawson NLee
Long YLord Y Lucas Y Lupton Y Mann Y Martin
Y McCoy Y McKelvey Y McKinney.B Y McKinney.C Y Meadows Y Merritt
N Milam Y Mills

Y Mobley N Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote N Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter Y Poston N Powell,A Y Powell.C Y Purcell Y Randall
NRay Y Reaves Y Redding Y Ricketson Y Royal N Selman Y Sherrill
Y Simpson Y Sinkfield Y Skipper Y Smith,L

Y Smith.P N Smith.T Y Smith,W
Y Smyre Y Snow
Y Stancil.F Y Stancil.S Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend
Turnquest N Twiggs Y Valenti Y Vaughan
Y Walker,J Y Walker.L
Y Wall Ware
Y Watson Y Watts Y White Y Wilder Y Williams,B Y Williams,J Y Williams.R N Yeargin
Murphy ,Spkr

On the adoption of the Resolution, the ayes were 141, nays 29.
The Resolution, having received the requisite two-thirds constitutional majority, was adopted.

Representative Lawson of the 9th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HR
288.

HR 402. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st, Murphy of the 18th, Walker of the 115th and others:
A resolution creating the James Earl Carter, Jr. Tribute Commission.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Abernathy Y Adams Y Aiken
Alford

Y Atkins Baker
Y Balkcom Y Barfoot

Bargeron Y Barnett,B
Barnett.M Y Bates

Y Beatty Y Benefield Y Birdsong Y Blitch

Bordeaux Bostick Branch Breedlove

FRIDAY, MARCH 1, 1991

1579

Y Brooks Y Brown N Brush YBuck Y Buckner
YByrd Y Campbell
Y Canty Y Carrell
Y Carter Y Chafin Y Chambless Y Cheeks Y Childers
Y Clark.E Y Clark.H Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B
Cummings.M
Y Davis.G Davis.M
Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Ounn Y Edwards

Elliott Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin Green Y Greene Griffin Y Groover Y Hamilton Y Hammond Y Manner Harris.B Y Harris,J Y Heard Y Henson
Y Herbert Y Hightowcr Y Holland E Holmes
Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore

YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford N Lawrence Y Lawson YLee
Long Lord Y Lucas Lupton YMann Y Martin Y McCoy Y McKelvey Y McKinney.B McKinney.C
Y Meadows Y Merritt Y Milam
Y Mills Y Mobley Y Moody N Morsberger
Moultrie N Mueller Y Oliver.C Y 01iver,M YOrr

Y Orrock
Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinks ton YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell Y Randall
YRay Y Reaves Y Redding Y Ricketson
Royal Y Selman Y Sherrill
Y Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith.P
Smith.T Smith.W YSmyre

YSnow Y Stancil.F N Stancil,S Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M
Thomas.N Y Thurmond Y Titus
Tolbert Townsend Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker,L
N Wall Ware
Y Watson Y Watts Y White Y Wilder
Williams,B Y Williams,J Y Williams.R Y Yeargin
Murphy.Spkr

On the adoption of the Resolution, the ayes were 139, nays 6. The Resolution, having received the requisite constitutional majority, was adopted.

Representatives Dunn of the 73rd and McKinney of the 40th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

The Speaker Pro Tern assumed the Chair.

HR 226. By Representatives Lucas of the 102nd and Dunn of the 73rd

A RESOLUTION
Proposing an amendment to the Constitution so as to delete those provisions prohibiting lotteries and providing for exceptions thereto; to provide that the General Assembly may by law provide for a lottery run by a nonprofit organization certified as tax exempt under federal law; 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 I, Section II of the Constitution is amended by striking Paragraph VIII thereof, which reads as follows:
"Paragraph VIII. Lotteries. All lotteries, and the sale of lottery tickets, are hereby prohibited; and this prohibition shall be enforced by penal laws, except that the General Assembly may by law provide that the operation of a nonprofit bingo game shall not be a lottery and shall be legal in this state. The General Assembly may by law define a nonprofit bingo game and provide for the regulation of nonprofit bingo games.", and inserting in its place the following:
"Paragraph VIII. The General Assembly may by law provide for the operation and regulation of a lottery by any nonprofit organization operating under the laws of this state and which has been certified under 26 U.S.C. Section 501(c)(3) as a tax-exempt

1580

JOURNAL OF THE HOUSE,

organization. The General Assembly may define a lottery operated by such nonprofit organization and provide for regulation of the same."

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 delete those provisions prohibiting lotteries and providing for exceptions thereto and to provide that
the General Assembly may by law provide for the operation and regulation of a lottery by a nonprofit organization operating under the laws of
this state and which has been certified under 26 U.S.C. Section 501(c)(3) as tax-exempt?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote
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 following Committee substitute was read and adopted:

A RESOLUTION

Proposing an amendment to the Constitution so as to delete those provisions prohibiting lotteries and providing for exceptions thereto; to provide that the General Assembly may by law provide for a lottery run by a nonprofit, tax-exempt organization; 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 I, Section II of the Constitution is amended by striking Para-
graph VIII thereof, which reads as follows: "Paragraph VIII. Lotteries. All lotteries, and the sale of lottery tickets, are hereby
prohibited; and this prohibition shall be enforced by penal laws, except that the General Assembly may by law provide that the operation of a nonprofit bingo game shall not
be a lottery and shall be legal in this state. The General Assembly may by law define a nonprofit bingo game and provide for the regulation of nonprofit bingo games.",
and inserting in its place the following: "Paragraph VIII. The General Assembly may by law provide for the operation and
regulation of a lottery by any nonprofit organization operating under the laws of this
state and which has been certified under 26 U.S.C. Section 501(c)(3) as a tax-exempt organization or which is a tax-exempt organization under the Constitution or the laws
of the State of Georgia. The General Assembly may define a lottery operated by such nonprofit organization and provide for regulation of the same."

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 delete those provisions prohibiting lotteries and providing for exceptions thereto and to provide that the General Assembly may by law provide for the operation and regulation of a lottery by a nonprofit, tax-exempt organization?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote

FRIDAY, MARCH 1, 1991

1581

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, by substitute, was agreed to.
On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows:

Abernathy N Adams Y Aiken
Alford Y Atkins
Baker
N Balkcom N Barfoot Y Bargeron Y Barnett.B Y Barnett,M N Bates N Beatty N Benefield N Birdsong N Blitch
Bordeaux Bostick Branch Breedlove Y Brooks Y Brown N Brush NBuck Y Buckner NByrd N Campbell Y Canty N Carrell Carter N Chafin Y Chambless N Cheeks N Childers N Clark.E Clark.H

Clark.L N Coker Y Coleman N Colwell
Connell N Culbreth N Cummings.B
Cummings,M Y Davis.G
N Davis.M Y Dixon.H
N Dixon,S N Dobbs N Dover Y Dunn
Edwards N Elliott Y Pelton N Fennel Y Floyd,J.M N Floyd,J.W NFlynt N Godbee N Golden Y Goodwin
Green Y Greene
Griffin N Groover Y Hamilton N Hammond
Hanner Harris.B Y Harris,J N Heard Henson

N Herbert Y Hightower N Holland E Holmes Y Howard Y Hudson Y Irwin Y Jackson
Jamieson N Jenkins Y Jones Y Kilgore
NKing N Kingston N Klein
NLadd N Lane.D N Lane.R
Langford Y Lawrence Y Lawson NLee
Long Lord Y Lucas Lupton YMann Y Martin N McCoy N McKelvey Y McKinney.B Y McKinney.C N Meadows Y Merritt Y Milam N Mills

Y Mobley N Moody Y Morsberger
Moultrie N Mueller Y Oliver.C Y Oliver,M YOrr Y Orrock
Y Padgett Y Parham Y Parrish
N Patten Y Pelote Y Perry
Y Pettit Y Pinholster
Pinks ton YPoag
Porter Poston Powell,A Y Powell.C Y Purcell Y Randall Ray N Reaves Y Redding N Ricketson Y Royal N Selman Y Sherrill Y Simpson Y Sinkfield
N Skipper N Smith.L

N Smith.P N Smith.T
Smith, W Y Smyre NSnow Y Stancil.F Y Stancil,S
Y Stanley Y Stephens
Streat Y Taylor Y Teper N Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus
Tolbert
Townsend Y Turnquest N Twiggs Y Valenti
Y Vaughan N Walker.J N Walker,L Y Wall
Ware
Y Watson N Watts Y White
Wilder Williams.B Y Williams,J Y Williams.R Yeargin Murphy.Spkr

On the adoption of the Resolution, by substitute, the ayes were 77, nays 64.
The Resolution, by substitute, having failed to receive the requisite two-thirds constitutional majority, was lost.

Representative Vaughan of the 20th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representative Redding of the 50th gave notice that at the proper time he would move that the House reconsider its action in failing to give the requisite constitutional majority to HR 226.

HB 875. By Representatives Hammond of the 20th, Flynt of the 75th and Pettit of the 19th:
A bill to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable and the procedure and schedule of bails, so as to provide that a judge of the superior court may delegate the authority to hear and set bail for certain offenses to any judge of any court of inquiry within the same judicial circuit.

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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, the ayes were 99, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 793. By Representatives Kilgore of the 42nd, Hamilton of the 124th, Thurmond of the 67th and Simpson of the 70th:
A bill to amend Code Section 20-2-850 of the Official Code of Georgia Annotated, relating to sick leave for teachers and other personnel, so as to revise the provisions relating to sick leave banks or pools of voluntarily contributed employee sick leave days.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 108, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 845. By Representatives Randall of the 101st and Lord of the 107th:
A bill to amend Code Section 33-25-10 of the Official Code of Georgia Annotated, relating to payment of interest on proceeds or payments under certain insurance policies, so as to change a rate of interest.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 5.
The Bill, having received the requisite constitutional majority, was passed.

HB 820. By Representative Pettit of the 19th:
A bill to amend Code Section 36-62-6 of the Official Code of Georgia Annotated, relating to general powers of authorities under the "Development Authorities Law," so as to provide that authorities shall have the power to expend surplus funds for the purpose of promoting industry, agriculture, and trade.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 102, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 718. By Representative Martin of the 26th:
A bill to repeal an Act approved April 17, 1963, providing for a chief judge of the Superior Court of the Atlanta Judicial Circuit.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 101, nays 0.

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1583

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

HR 261. By Representatives Mann of the 6th, Morsberger of the 62nd, Poag of the 3rd, Lawrence of the 49th and Davis of the 45th:
A resolution urging the United States Congress to open the cable industry to more competition in the marketplace.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 94, nays 3.
The Resolution, having received the requisite constitutional majority, was adopted.

HB 889. By Representatives Thomas of the 69th and Martin of the 26th:
A bill to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to change the provisions relating to administration of the laws relating to mental health; to provide for access by the Department of Human Resources and county boards of health to certain records.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 107, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 594. By Representatives Barnett of the 10th, Parham of the 105th and Harris of the 84th:
A bill to amend Chapter 47 of Title 43 of the Official Code of Georgia Annotated, the "Used Car Dealers' Registration Act," so as to provide that leasing and rental companies which are required to be licensed shall be exempt from certain requirements; to provide for licensing of pawnbrokers who engage in sales of automobiles.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 47 of Title 43 of the Official Code of Georgia Annotated, the "Used Car Dealers' Registration Act," so as to provide that leasing and rental companies which are required to be licensed shall be exempt from certain requirements; to provide for licensing of pawnbrokers who engage in sales of automobiles; to provide for exemptions from certain requirements for pawnbrokers; to provide for exemptions for antique automobiles, classic automobiles, and investment automobiles; to provide that the license of an automobile auction may be suspended or revoked under certain conditions; to provide that it shall be a violation of the "Used Car Dealers' Registration Act" to seek to obtain or to hold a license on behalf of a person who has already been denied licensure or who has had a license suspended or revoked; 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 47 of Title 43 of the Official Code of Georgia Annotated, the "Used Car Dealers' Registration Act," is amended by adding at the end of paragraph (6)

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of Code Section 43-47-2, relating to definitions relating to used car dealers, a new subparagraph (C) to read as follows:
"(C) Notwithstanding anything to the contrary contained in this subparagraph, the term 'used motor vehicle dealer' or 'used car dealer' shall include a pawnbroker, as defined in Code Section 44-12-130, who is engaged in the sale of used motor vehicles."
Section 2. Said chapter is further amended by striking the word "or" at the end of division (6)(B)(vii) of Code Section 43-47-2, relating to definitions relating to used car dealers, by inserting "; or" in lieu of the period at the end of division (6)(B)(viii), and by adding at the end of subparagraph (B) of paragraph (6) a new division (ix) to read as follows:
"(ix) Persons, firms, or corporations which sell only vehicles which will not be used primarily for transportation purposes, including, but not limited to, antique automobiles, classic automobiles, and automobiles sold solely as speculative investments. In determining whether a vehicle or vehicles will not be used primarily for transportation purposes, the board may rely on the representations, written or oral, made regarding the vehicles, but may also look at any other relevant evidence."
Section 3. Said chapter is further amended by adding at the end of Code Section 43-47-8, relating to license applications, a new subsection (n) to read as follows:
"(n) Notwithstanding anything to the contrary contained elsewhere in this chapter, no person, firm, or corporation which is primarily engaged in the business of leasing, renting, or brokering automobiles, or which is primarily engaged in the business of being a pawnbroker, as defined in Code Section 44-12-130, shall be required under this chapter to have their permanent location in a building on an open lot, to be physically separated from any other business, or to be marked by a sign which indicates that the business is a used car dealer, provided that such person, firm, or corporation does not publicly display such vehicles for sale. For purposes of this chapter, being 'primarily engaged means that the gross intake from the direct, rather than brokered, sale of used motor vehicles accounts for no more than 20 percent of the annual gross sales of the business in its entirety. Inspectors or investigators acting on behalf of the board may inspect and copy the income records of the business for purposes of determining whether there has been compliance with this requirement; any such records shall be maintained by the board as confidential and shall not be disclosed by the board for purposes other than determining compliance with this subsection."
Section 4. Said chapter is further amended by striking the word "or" at the end of subparagraphs (a)(l)(O) and (a)(l)(P) of Code Section 43-47-10, relating to investigation of used car dealers, and by adding after subparagraph (a)(l)(P) new subparagraphs (Q) and (R) to read as follows:
"(Q) (i) Any of the following activities by an automobile auction: (I) Allowing a motor vehicle to be sold through an auction where the seller's
name does not appear on the face of the title; (II) Failing to refund all of the purchase price to the buyer when the title and
tag receipt are not assigned to and processed for the buyer within 21 days of the purchase;
(III) Failing to make available to the board, for investigative purposes, auction records of a seller, for the purpose of determining if a seller sold more than five motor vehicles in a calendar year; provided, however, that the board shall give the auction reasonable notice during normal working hours;
(IV) Failing to disclose in a conspicuous manner on the bill of sale that a buyer is entitled to a refund of all of the purchase price when the title and tag receipt are not assigned and processed within 21 days of the purchase;
(V) Failing to include on the bill of sale any warranty disclaimer; or (VI) Accepting or delivering a certificate of title signed in blank, (ii) The provisions of this subparagraph shall not apply where: (I) The sale of the motor vehicle is not open to the general public; (II) Either the seller or purchaser of the vehicle is a licensed used car dealer;

FRIDAY, MARCH 1, 1991

1585

(III) The motor vehicle is sold as a repossessed or abandoned vehicle; or (IV) The motor vehicle is sold on behalf of any government agency or by court order. (iii) A violation of this subparagraph shall also be grounds for suspension or censure of a license under Code Section 43-6-18, and any auction violating this subparagraph may be required by the board to surrender its master tag; or (R) Acting to obtain or holding a license on behalf of another person who was previously denied a license or had a license suspended or revoked under this chapter; in making determinations under this subparagraph, the board may look at any competent evidence, including, but not limited to, who actually directs the activities at the dealership and who actually receives the proceeds from the dealership; or".
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.

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, by substitute, the ayes were 109, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HR 379. By Representatives Valenti of the 52nd, Bostick of the 138th, Oliver of the 53rd, Herbert of the 76th, Pelote of the 127th and others:
A resolution urging the Federal Communications Commission to regulate the use of ADAD equipment in connection with long-distance telephone calls.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 109, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted.

HR 352. By Representative Meadows of the 91st:
A resolution authorizing the State Properties Commission to negotiate and execute a long-term lease of a certain tract of state owned real property located in the Warm Springs area and containing the historic hydrotherapy pool complex.

The following Committee substitute was read and adopted:

A RESOLUTION
Authorizing the State Properties Commission to negotiate and execute a long-term lease of certain tracts of state owned real property located in the Warm Springs area and containing the historic hydrotherapy pool complex; to provide for related matters; to repeal conflicting laws; and for other purposes.
WHEREAS, the State of Georgia is the owner of certain tracts of land in the Warm Springs area which contain the historic hydrotherapy pool complex; and
WHEREAS, these tracts of land are under the custody and control of the Georgia Department of Natural Resources in accordance with the instructions of the Department of Human Resources management agreement; and

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WHEREAS, these tracts are: a tract of land containing approximately 13.891 acres of land in Land Lots 120 and 137 of the 2d Land District of Meriwether County and more particularly shown on a plat of survey prepared April 4, 1980, by Hugh Riley, R.L.S. #1283, of Hugh Riley & Associates of Pine Mountain Valley, Georgia, a copy of said plat being contained in the records of the Department of Natural Resources; and adjoining tracts of land containing the golf course and its future expansion of an additional nine holes and assorted facilities; and
WHEREAS, GOODWIN ENTERPRISES, INC., has presented to the Department of Natural Resources and the Department of Human Resources a proposal for rehabilitation and development of said tracts of land; and
WHEREAS, appropriate rehabilitation and development of said tracts in keeping with their historical significance and cultural value would be of benefit to the State of Georgia and its people; and
WHEREAS, any such rehabilitation and development by private industry would require a long-term lease in order to yield a reasonable rate of return on the capital investment required; and
WHEREAS, a thorough investigation should be made of the possibility of entering into such a lease, either with GOODWIN ENTERPRISES, INC., or other interested private parties; and
WHEREAS, such investigation might result in the possible need to negotiate and execute such a lease prior to the convening of the next session of the General Assembly.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That the State of Georgia is the owner of the above-described tracts of property and that, in all matters relating to the leasing of the property, the State of Georgia is acting by and through its State Properties Commission.
Section 2. That the State Properties Commission, in cooperation with the Department of Natural Resources and the Department of Human Resources, is authorized to undertake a study of the desirability and feasibility of entering into a long-term lease of said tracts as described above, either with GOODWIN ENTERPRISES, INC., or with other interested private parties.
Section 3. That if such study determines that such a lease is desirable and feasible, the State Properties Commission is authorized to negotiate and execute such a lease for a period not to exceed 25 years upon such terms and conditions as the State Properties Commission shall, in its discretion, determine to be in the best interest of the State of Georgia, provided that any use of the property shall be determined with due regard to the historical significance and cultural value of the property.
Section 4. That the State Properties Commission is authorized and empowered to do all things necessary to carry out this resolution.
Section 5. That this resolution shall become effective immediately upon its approval or upon its becoming law without such approval.
Section 6. That all laws and parts of laws in conflict with this resolution are repealed.

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, by substitute, the ayes were 96, nays 1.

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1587

The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

The Speaker assumed the Chair.

Representative Coleman of the 118th District, Chairman of the Committee on Appropriations, submitted the following report:

Mr. Speaker:
Your Committee on Appropriations has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 336 Do Pass, as Amended
Respectfully submitted, Is/ Coleman of the 118th
Chairman

Representative Kilgore of the 42nd District, Chairman of the Committee on Education, submitted the following report:

Mr. Speaker:
Your Committee on Education has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 557 Do Pass, by Substitute HB 792 Do Pass
Respectfully submitted, /s/ Kilgore of the 42nd
Chairman

Representative Ware of the 77th District, Chairman of the Committee on Insurance, submitted the following report:

Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 347 Do Pass, by Substitute
Respectfully submitted, /s/ Ware of the 77th
Chairman

Representative Twiggs of the 4th District, Chairman of the Committee on Public Safety, submitted the following report:

Mr. Speaker:
Your 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 House with the following recommendation:

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HB 434 Do Pass, by Substitute

Respectfully submitted,
/s/ Twiggs of the 4th Chairman

Representative Benefield of the 72nd District, Chairman of the Committee on Transportation, submitted the following report:

Mr. Speaker:
Your Committee on Transportation has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 919 Do Pass, by Substitute
Respectfully submitted, /s/ Benefield of the 72nd
Chairman

Representative Dover of the llth District, Chairman of the Committee on Ways & Means, submitted the following report:

Mr. Speaker:
Your Committee on Ways & Means has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1 Do Pass, by Substitute
Respectfully submitted, /s/ Dover of the llth
Chairman

The following minority report was received and read:

MINORITY REPORT OF THE HOUSE OF REPRESENTATIVES RE: House Bill 1 by Committee Substitute
I rise to make a substitute motion to the Committee Substitute being considered on House Bill 1. My substitute bill gives a full Sales Tax exemption on groceries. This in essence is the same bill which the Senate passed in 1989.
Basically, it grants a full Sales Tax exemption for foods as defined by Federal Food Stamp Guidelines.
My reason is as follows: The Committee Substitute to House Bill 1 in its present form does not go far enough. While it does give some needed relief to the working poor, it allows no relief for the working middle class. These are the people who are typically making an income of $30,000 to $60,000 per household who work every day, pay taxes, obey laws, and don't qualify for governmental entitlements. Their sons and daughters go to school and college and then enter the taxpaying mainstream. These are the people who, year end and year out, pay for state and federal inefficiencies, S & L bailouts, the war in the Middle East, and every other cost paid by American taxpayers.
Their contribution to the state of Georgia Income Tax revenues is approximately 57%. They will be the ones who pick up the tab on the $30 million dollar cost of the Committee

FRIDAY, MARCH 1, 1991

1589

Substitute to House Bill 1. They are the ones who shoulder the burden of all of our homestead exemptions and special interest loopholes which we give out each year at all levels of governments on all major and minor taxes levied. A great deal of legislative time is spent considering matters for the big banks, big oil, big utilities and other special interest groups. But, whether these special interests win or lose, when we adjourn sine die, the members of our middle America working middle class are still out there working. And, the job of the middle class often becomes harder by our actions rather than easier. Yet, each year, each week, and each day, they show up on their jobs in the service, manufacturing and other sectors of our society. We can always count on them. We always have. Yet, because of their consistent dependability, they seem to be forgotten.
I think it is time that we recognize the plight of the middle class and do everything we can to reward them for their contribution and hard work and while we might not be successful today, or even this session, let's recognize their situation and begin a serious search for ways to make their burden lighter.

/s/ Jack Kingston House District 125

The following Resolutions of the House were read and adopted:

HR 433. By Representatives Hamilton of the 124th, Kilgore of the 42nd, Herbert of the 76th and Porter of the 119th:
A resolution commending the efforts of the Georgia Association of Educators Restructuring of Schools Task Force.

HR 434. By Representatives Buckner of the 72nd, Lee of the 72nd, Benefield of the 72nd, King of the 72nd and Chafin of the 72nd:
A resolution commending and recognizing Prevention P.L.U.S.

HR 435. By Representatives Bostick of the 138th and Walker of the 115th: A resolution commending Thurman C. "Tom" Greer.

HR 436. By Representatives White of the 132nd, Chambless of the 133rd and Cummings of the 134th:
A resolution commending Frank "Deputy Dawg" Sumner.

HR 437. By Representative Floyd of the 135th: A resolution honoring Mrs. Ruth Ryner Hemperley.

HR 438. By Representatives Turnquest of the 56th, Abernathy of the 39th, Cummings of the 134th, Canty of the 38th, Davis of the 29th and others:
A resolution commending Mr. Nathaniel Hawthorne Bronner.

HR 439. By Representatives Aiken of the 21st, Atkins of the 21st, Vaughan of the 20th, McKinney of the 35th, Abernathy of the 39th and others:
A resolution urging federal and state agencies and college and university units of the University System of Georgia to engage in research to save the native American dogwood.

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HR 440. By Representative Jones of the 71st:
A resolution congratulating Robert and Norma Gunby on the occasion of their fiftieth wedding anniversary.

The following communication from the Secretary of State was received:

STATE OF GEORGIA OFFICE OF SECRETARY OF STATE

I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the attached list contains the names and addresses of persons numbered 1023 through 1049, who have registered in the Docket of Legislative Appearance as of March 1, 1991, 2:30 p.m. in accordance with Georgia Law 1970, p. 695, as the same appears on file and record in this office.

In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 1st day of March, in the year of our Lord One Thousand Nine Hundred and Ninetyone and of the Independence of the United States of America the Two Hundred and Fifteenth.

(SEAL)

/s/ Max Cleland Secretary of State

1023. Perry Lee Mitchell, III State YMCA of Georgia P. 0. Box 777 Millen, Georgia 30442
1024. Jonathan G. Walker State YMCA of Georgia 17 Forest Hill Drive SW Cartersville, Georgia 30120
1025. Thomasina Odom State YMCA of Georgia 601 E. 48th Street Savannah, Georgia 31405
1026. Latonia Roberson State YMCA of Georgia 241 Popham Road SW Taylorsville, Georgia 30178
1027. Curley Davis Professional Firefighters of Georgia P. 0. Box 8309 Atlanta, Georgia 30306
1028. Quinton S. King Georgia Association of Realtors 843 Dalrymple Road Terrace Suite Atlanta, Georgia 30328

1029. 1030. 1031. 1032. 1033. 1034. 1035.

Chris Evangelista State YMCA of Georgia 1117 Forest Drive Pooler, Georgia 31322
Wednesday K. Adams State YMCA of Georgia 300 Lewis Drive Apt. 411 Savannah, Georgia 31406
Kesha Godfrey State YMCA of Georgia Rt. 1, Box 86 C Grantville, Georgia 30220
Joshua Wendelken State YMCA of Georgia 115 Copperfield Savannah, Georgia 31410
George Sweat State YMCA of Georgia 1917 East 57th Savannah, Georgia 31404
Laura Wheatley State YMCA of Georgia 62 Hidden Lake Court Savannah, Georgia 31419
Heather Haslam State YMCA of Georgia 1589 Garrett Creek Road Bowden, Georgia 30108

FRIDAY, MARCH 1, 1991

1591

1036. Lara Hearnburg State YMCA of Georgia 135 N. Fairlawn Drive
Carrollton, Georgia 30117

1037. Marshal Dye State YMCA of Georgia P. 0. Box 102 Winston, Georgia 30187

1038. Richard D. Metts Black Slate, Inc. 956 Gordon Street Atlanta, Georgia 30331

1039. Akilah Nosakhere Black Slate, Inc. P. 0. Box 20193 Atlanta, Georgia 30325

1040. Margaret R. Ball Georgia League of Women Voters of the Dalton Area, Inc. P. O. Box 174 2475 Dug Gap Road, S. W. Dalton, Georgia 30722

1041. Ishmail A. Nurid-Deen Muslim American Political Action Committee 702 Crest Way Union City, Georgia 30291

1042.

Phil L. Baldwin The Prudential Savings Bank Prudential Bank & Trust Co. Cartersville-Bartow County
Chamber of Commerce 200 West Main Street Cartersville, Georgia 30120

1043. Jennifer B. Wyllie Grady Memorial Hospital Morehouse School of Medicine Georgia Warehouse Association Dehart & Darr 161 Spring Street Suite 716 Atlanta, Georgia 30303
1044. Charles Graves 3M Company 504 Riverside Parkway Rome, Georgia 30101
1045. Robert Shig Porter Memorial Medical Center, Inc. Provident Health Services, Inc. 4750 Waters Avenue Suite 472 Savannah, Georgia 31404
1046. Guy B. Wood Georgia Association of Assessing Officials (GAAO) 141 Pryor Street Atlanta, Georgia 30303
1047. Nancy L. Veres Georgia Friends of Midwives 2087 Shillingwood Drive Kennesaw, Georgia 30144
1048. Claudia Conn Georgia Friends of Midwives 2986 Acworth Due West Road Kennesaw, Georgia 30144
1049. Robert H. Griggers Georgia Automotive Recyclers Association 7611 Houston Road Byron, Georgia 31008

Pursuant to SR 247, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Tuesday, March 5, 1991.

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Representative Hall, Atlanta, Georgia Tuesday, March 5, 1991

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by the Reverend Marvin J. W. Frady, Pastor, Clarkdale First Baptist Church, Clarkdale, Georgia.
The members pledged allegiance to the flag.
Representative Bargeron of the 108th, Chairman of the Committee on Journals, 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.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills of the House were introduced, read the first time and referred to the committees:
HB 971. By Representative Dixon of the 151st: A bill to amend an Act incorporating the City of Kingsland, so as to change the mandatory provision of having a city manager employed by the City of Kingsland.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 972. By Representative Cummings of the 17th: A bill to amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relative to the Employees' Retirement System of Georgia, so as to authorize creditable service for certain part-time employment by the legislative branch of state government.
Referred to the Committee on Retirement.

TUESDAY, MARCH 5, 1991

1593

HB 973. By Representative Dixon of the 151st:
A bill to amend an Act creating the Camden County Public Service Authority, so as to delete a provision relating to the power of the authority to undertake certain projects, services, or facilities.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 974. By Representative Barnett of the 10th:
A bill to amend an Act providing for the compensation of the chairman and members of the board of education of Forsyth County, so as to raise the maximum number of days of per diem that the members may receive each month.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 975. By Representative Mobley of the 64th: A bill to create the City of Grayson Water Authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 976. By Representatives Stancil of the 8th and Pinholster of the 8th: A bill to create a board of commissioners of Pickens County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 977. By Representatives Vaughan of the 20th, Coker of the 21st, Aiken of the 21st, Clark of the 20th (Post 3), Wilder of the 21st and others:
A bill to create the Cobb Year 2000 Commission.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 978. By Representative Smith of the 78th:
A bill to amend an Act providing a new charter for the City of Barnesville, so as to change the date of the municipal general election.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 979. By Representative Carrell of the 65th:
A bill to amend an Act providing that the judge of the Probate Court of Walton County shall serve as chief magistrate of the Magistrate Court of Walton County, so as to provide that as of a certain date the judge of the probate court shall no longer serve as the chief magistrate.
Referred to the Committee on State Planning & Community Affairs - Local.

By unanimous consent, the rules were suspended in order that the following Bills and Resolutions of the House could be introduced, read the first time and referred to the committees:

HB 980. By Representatives Alford of the 57th, Irwin of the 57th and Henson of the 57th:
A bill to create the Conyers-Rockdale Amateur Athletics Authority.
Referred to the Committee on State Planning & Community Affairs - Local.

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JOURNAL OF THE HOUSE,

HB 981. By Representatives Buck of the 95th, Smyre of the 92nd, Culbreth of the 97th, Harris of the 96th, Moultrie of the 93rd and others:
A bill to repeal an Act approved March 18, 1986 (Ga. L. 1986, p. 3798) which continued in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the 1980 general election (Res. Act No. 153, Senate Resolution No. 227, Ga. L. 1980, p. 2009) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia, providing for certain adjustments in the exemptions from ad valorem taxation of homesteads for certain purposes in Muscogee County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 982. By Representatives Buck of the 95th, Smyre of the 92nd, Culbreth of the 97th, Harris of the 96th, Moultrie of the 93rd and others:
A bill to repeal an Act approved March 18, 1986, which continued in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the 1982 general election (Res. Act No. 76, House Resolution No. 271, Ga. L. 1981, p. 1926) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia providing for the valuation of certain homestead property of Muscogee County for purposes of ad valorem taxation for school and consolidated city-county government purposes.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 983. By Representatives Buck of the 95th, Smyre of the 92nd, Culbreth of the 97th, Harris of the 96th, Moultrie of the 93rd and others:
A bill to provide a homestead exemption from Muscogee County ad valorem taxes for county purposes and from Muscogee County School District taxes for educational purposes in the amount of $67,200.00 on the homestead of certain disabled veterans.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 984. By Representative Brown of the 88th:
A bill to amend an Act providing a charter for the City of Augusta, so as to provide for intent; to provide for the corporate limits of the city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 985. By Representative Branch of the 137th: A bill to create the Fitzgerald-Ben Hill County Charter Commission.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 986. By Representatives Buck of the 95th, Smyre of the 92nd, Culbreth of the 97th, Harris of the 96th, Moultrie of the 93rd and others:
A bill to provide for homestead exemptions from Muscogee County ad valorem taxes for county purposes and from Muscogee County School District ad valorem taxes for educational purposes for certain residents of that county and school district.
Referred to the Committee on State Planning & Community Affairs - Local.

TUESDAY, MARCH 5, 1991

1595

HB 987. By Representatives Jamieson of the llth and Dover of the llth: A bill to amend an Act incorporating the City of Toccoa, so as to change and extend the corporate limits of said city.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 988. By Representative Perry of the 5th: A bill to create the Board of Commissioners of Chattooga County.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 989. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th: A bill to amend the "Douglasville-Douglas County Water and Sewer Authority Act," so as to provide a definition; to authorize the authority to inspect certain on-site sewage disposal systems; to provide for the right of entry on land.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 990. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th: A bill to create and establish the Douglasville-Douglas County Charter Commission.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 991. By Representative Breedlove of the 60th: A bill to amend an Act creating a new charter for the City of Duluth, so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmembers.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 992. By Representatives Breedlove of the 60th, Orr of the 9th, Lawson of the 9th and Jackson of the 9th:
A bill creating a new charter for the City of Buford, so as to deannex certain property from the corporate limits of the city.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 994. By Representative Davis of the 29th:
A bill to amend an Act creating a new charter for the City of East Point, so as to provide that a veto of the mayor may be overruled by affirmative vote of six councilmembers.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 995. By Representatives Williams of the 48th, Tolbert of the 58th, Sherrill of the 47th, Williams of the 54th, Alford of the 57th and others:
A bill to amend an Act providing for the determination of millage rates by the governing authorities of DeKalb County and the DeKalb County School District, so as to change the date on which the tax commissioner is to certify certain property tax information to the governing authorities.
Referred to the Committee on State Planning & Community Affairs - Local.

1596

JOURNAL OF THE HOUSE,

HB 996. By Representatives Alford of the 57th, Irwin of the 57th, Henson of the 57th, Tolbert of the 58th, Redding of the 50th and others:
A bill to amend an Act to impose certain requirements and limitations upon ad valorem taxes levied by DeKalb County to finance the provision of certain governmental services, known as the "DeKalb County Special Services Tax Districts Act," so as to authorize the governing authority of any municipality lying wholly or partially in DeKalb County to provide by resolution that such municipality shall not constitute a special services tax district and shall not be subject to certain provisions of law.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 997. By Representatives Valenti of the 52nd, Oliver of the 53rd, Henson of the 57th, Redding of the 50th, Alford of the 57th and others:
A bill to amend an Act creating the State Court of DeKalb County, so as to change certain fees.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 998. By Representatives Redding of the 50th, Henson of the 57th, Oliver of the 53rd, Valenti of the 52nd, Baker of the 51st and others:
A bill to amend an Act to authorize and direct the chairman and board of commissioners of DeKalb County to create the DeKalb County Community Relations Commission, so as to provide that members may serve no more than three consecutive terms.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1005. By Representatives Dobbs of the 74th and Stancil of the 66th:
A bill to provide for homestead exemptions from Newton County and Newton County School District ad valorem taxation.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1006. By Representatives Alford of the 57th, Irwin of the 57th and Henson of the 57th:
A bill to repeal an Act providing for a board of registrations and elections in each county of this state having a population of not less than 18,150 and not more than 18,250 according to the United States decennial census of 1970 or any future such census.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1007. By Representatives Redding of the 50th, Oliver of the 53rd, Valenti of the 52nd, Williams of the 54th, Teper of the 46th and others:
A bill to amend an Act establishing the form of government of DeKalb County and fixing the powers and duties of the officers constituting the governing authority of DeKalb County, so as to provide for the annual salary of the Chief Executive Officer.
Referred to the Committee on State Planning & Community Affairs - Local.

TUESDAY, MARCH 5, 1991

1597

HB 1008. By Representatives Lucas of the 102nd, Groover of the 99th, Elliott of the 103rd, Pinkston of the 100th, Randall of the 101st and others:
A bill to amend an Act providing a new charter for the City of Macon, so as to change the corporate limits of said city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1010. By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to provide for the creation of one or more community improvement districts in Henry County and in each municipality therein.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1011. By Representatives Dunn of the 73rd and Smith of the 78th: A bill to provide a new charter for the City of Stockbridge.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1012. By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to amend an Act fixing the compensation of the members of the Board of Education of Henry County, so as to change the compensation of the chairman and other members of the Board of Education of Henry County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1014. By Representative Green of the 106th:
A bill to create a public body corporate and politic and an instrumentality of the City of Sparta and Hancock County, to be known as the SpartaHancock Public Facilities Authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1015. By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to amend an Act making provisions for the Magistrate Court of Henry County, so as to change the compensation of the chief magistrate.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1016. By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to amend an Act providing for a salary and expense allowance for the coroner of Henry County.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 441. By Representatives Thomas of the 69th, Simpson of the 70th and Kilgore of the 42nd:
A resolution creating the Joint Capital Outlay Study Committee.
Referred to the Committee on Rules.

1598

JOURNAL OF THE HOUSE,

HR 442. By Representatives Twiggs of the 4th, Parham of the 105th, Parrish of the 109th, Atkins of the 21st and Chafin of the 72nd:
A resolution creating the House State Health Benefit Plan Pharmacy Program Study Committee.
Referred to the Committee on Rules.

HR 443. By Representatives Walker of the 115th, Heard of the 43rd, Lee of the 72nd, Felton of the 22nd and Thurmond of the 67th:
A resolution creating the Veterans Armed Forces Honor Commission.
Referred to the Committee on Rules.

HR 444. By Representative Benefield of the 72nd:
A resolution expressing the sense of the House of Representatives with respect to continuation of the name of the Eugene Talmadge Memorial Bridge.
Referred to the Committee on Rules.

HR 457. By Representatives Stanley of the 33rd, Birdsong of the 104th, Kilgore of the 42nd, Streat of the 139th, Dixon of the 128th and others:
A resolution creating the Older Georgians' and Handicapped Transportation Task Force.
Referred to the Committee on Rules.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 951

HB 952

HB 953

HB 954

HB 955

HB 956

HB 957

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HB 964 HHHRBti I99I6*I3"
HB 965 HB 966 HB 967 HB 968 HB 969 HB 970

HR 432

SB 208

SB 268

SB 294

SB 346

SB 357

SB 364

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SB 3"

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bB 404 SB 405 SB 406 SB 413 SB 414 SR 166

Representative Lord of the 107th District, Chairman of the Committee on Defense & Veterans Affairs, submitted the following report:

Mr. Speaker:

TUESDAY, MARCH 5, 1991

1599

Your Committee on Defense & Veterans Affairs has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 282 Do Pass
Respectfully submitted, /s/ Lord of the 107th
Chairman

Representative Lane of the 27th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning & Community Affairs - Local Legislation has had
under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 864 Do Pass, as Amended HB 915 Do Pass HB 917 Do Pass
HB 920 Do Pass HB 922 Do Pass HB 923 Do Pass
HB 929 Do Pass HB 930 Do Pass, as Amended HB 931 Do Pass

HB 935 Do Pass HB 940 Do Pass HB 941 Do Pass
HB 942 Do Pass HB 947 Do Pass HB 948 Do Pass
SB 359 Do Pass SB 362 Do Pass SB 368 Do Pass

Respectfully submitted, /s/ Lane of the 27th
Chairman

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR TUESDAY, MARCH 5, 1991
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 33rd Legislative Day as enumerated below:
HB 1 Sales Tax; Certain Food Exemption; Repeal HB 36 DOAS; Purchase Recycled Paper Products HB 140 Ga. Aviation Hall of Fame Overview Comm.; Create HB 188 Service of Process; Any U. S. Citizen; Limitation HB 207 Crime Information Center; Record Available to County Registrars HB 244 Certain Prisoners & Probationer Mandatory Educational Instruction HB 275 Schools; Smoking Prohibitions HB 290 Superior Court Clerks; Fees HB 308 Juries; List for Commercial Purposes; Prohibit HB 366 Homicides; Time of Death; Change Certain Requirement HB 434 Fire Suppression Systems; Regulate HB 437 Board of Athletic Trainers; Define Athlete and Athletic Trainer HB 455 Witnesses; Per Diem and Mileage Fees HB 496 Felony; Trial Upon Accusations; Waive Grand Jury Indictment HB 533 Workers' Comp.; Self-Insurers; Expand Definition of County HB 555 Torts; Certain Volunteer Transporters; Immunity From Liability

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JOURNAL OF THE HOUSE,

HB 561 Water Well Contractors; Licensing; Proof of Experience HB 613 Special License Plates; Fire-Fighters; Amend Provisions HB 643 Mountains and River Corridors; Protection; Provide HB 652 Hazardous Waste Management Act; Definitions HB 654 Commission on Women; Create HB 693 Counties; Contractors' Purchase of Materials; Requirements HB 694 Crimes Against Person; Public Transit Facilities; Penalties HB 708 Hunting/Fishing License Agents; Self-Insurance Fund; Defalcation HB 728 Smoking; Amend Provisions HB 774 Health Care Providers; Certain Advertisement; Deceptive HB 785 Juv. Proceedings; Traffic Offenses Under Age 17, Exceptions HB 788 Tags; Prestige Plates; U. S. Veterans HB 791 Railroad Crossings; Vehicle Carrying Cert. Cargo; Stop Requirements HB 792 Certain School Dist.; Cert. Debt; St. Bd. Withhold Moneys if Req. HB 811 Killing Wildlife at Night; Condemnation of Prop.; Official Use HB 824 Driver Training Schools; Surety Bond, Fee, and License Provisions HB 825 Planning Commissions; Identifiable Areas/Communities; Pop. HB 829 Public Service Commission; Selecting Chairman and Vice Chairman HB 849 Dentists; Advertising, Etc.; Names; Provisions HB 894 Radiation-Generating Equipment; Clients to Operate; Post Bond HB 902 Unauthorized Insurer; Action against; Service of Process HB 919 Regional Surface and Air Transportation Authorities; Create HB 928 World Congress Center; Officers/Employees; Conviction Data HB 933 Drug Testing; Certain Act of 1991; Enact
HR 336 Coursey; Marshall D.; Compensate HR 412 Turner Co. Peanut Monument; Proclaim As Official Peanut Monument
ALL COMPENSATION RESOLUTIONS APPROVED BY APPROPRIATIONS COMMITTEE
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /a/ Lee of the 72nd
Chairman

By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:

HB 864. By Representatives Tolbert of the 58th, Sherrill of the 47th, Oliver of the 53rd, Irwin of the 57th, Williams of the 48th and others:
A bill to provide a new charter for the City of Pine Lake.

The following amendment was read and adopted:

The Committee on State Planning and Community Affairs moves to amend HB 864 by striking lines 10 through 31 of page 2 and inserting in lieu thereof the following:
"Section 1.11. Corporate boundaries. The boundaries of this city shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time by local law or in the manner provided by general state law. The boundaries of this city at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of the city clerk of the city and to be designated, as the case may be: 'Official Map or Description of the Corporate Limits of the City of Pine Lake, Georgia.' Photographic, typed, or other copies of such map or description certified by the mayor shall be admitted as evidence

TUESDAY, MARCH 5, 1991

1601

in all courts and shall have the same force and effect as the original map or description."
By striking lines 2 through 4 of page 6 and inserting in lieu thereof the following:
"to any jail;".
By striking lines 14 through 19 of page 32 and inserting in lieu thereof the following:
"(c) The municipal court may fix punishment for offenses within its sole jurisdiction not exceeding a fine of $1,000.00 or imprisonment for six months or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law and may impose any punishment up to the maximums specified by general law for offenses with its concurrent jurisdiction. The jailer of DeKalb County is required to receive all such prisoners delivered to him by the municipal court."
By striking from line 26 of page 46 the following:
"Charlotte Neil",
and inserting in lieu thereof the following:
"Philip Piper".
By striking from line 28 of page 46 the following:
"Philip Piper",
and inserting in lieu thereof the following:
"Charlotte Neil".

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, as amended, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 915. By Representatives Dixon of the 151st and Smith of the 152nd:
A bill to create the Kingsland Area Convention and Visitors Bureau Authority as a public body corporate and politic, a political subdivision of the state, and a public corporation to have the responsibility of promotion of tourism, trade, and conventions for Kingsland, Georgia.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 917. By Representatives Thurmond of the 67th, Stephens of the 68th, Clark of the 13th and Powell of the 13th:
A bill to amend an Act establishing a City Court in the County of Clarke, formerly known as the State Court of Clarke County, now known as the State Court of Athens-Clarke County, so as to continue the existing term of the present Judge of said Court.

1602

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 920. By Representatives Purcell of the 129th and Mueller of the 126th:
A bill to amend an Act placing the sheriff, deputy sheriff, and clerk of the Superior Court of Bryan County upon an annual salary, so as to change the provisions relative to the compensation of the sheriff.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 922. By Representative Holland of the 136th:
A bill to amend an Act providing a new charter for the City of Warwick, so as to provide that the mayor and members of the city council shall serve for four-year terms.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 923. By Representatives Purcell of the 129th and Mueller of the 126th:
A bill to amend an Act placing the Ordinary, now Probate Court Judge, of Bryan County on an annual salary in lieu of the fee system of compensation, so as to change the amount of compensation of the Ordinary, now Probate Court Judge.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 929. By Representative Ricketson of the 82nd:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Glascock, so as to delete the requirement of the payment of county obligations by county warrants; to provide that county obligations shall be paid in a manner to be prescribed by the board of commissioners.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.

TUESDAY, MARCH 5, 1991

1603

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

HB 930. By Representatives Godbee of the 110th and Bargeron of the 108th:
A bill to create a public body corporate and politic, and an instrumentality of the County of Burke, to be known as the Burke County Economic Development Authority.

The following amendment was read and adopted:

The Committee on State Planning & Community Affairs moves to amend HB 930 by striking from line 27 of page 15 and from line 33 of page 15 and line 1 of page 16 the following:
"Code Section 36-82-3",
and inserting in lieu thereof the following:
"Article 3 of Chapter 82 of Title 36".

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, as amended, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 931. By Representatives Godbee of the 110th and Bargeron of the 108th:
A bill to provide for the creation of one or more community improvement districts in Burke County and in each municipality therein.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 935. By Representatives Colwell of the 4th and Twiggs of the 4th:
A bill to amend an Act creating the Coosa Water Authority, so as to change the geographic boundaries of the service area of the authority.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 940. By Representatives Colwell of the 4th and Twiggs of the 4th:
A bill to amend an Act creating the Notla Water Authority, so as to change the geographic boundaries of the service area of the Authority.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

1604

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 941. By Representatives Buck of the 95th, Culbreth of the 97th, Taylor of the 94th, Moultrie of the 93rd, Harris of the 96th and others:
A bill to create a board of elections and registration for Muscogee County and to empower the board with the powers and duties of the present board of elections and the board of voter registrars relating to the conduct of elections and primaries and the registration of voters and absentee balloting procedures pursuant to subsection (b) of Code Section 21-2-40 of the Official Code of Georgia Annotated.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 942. By Representatives Buck of the 95th, Culbreth of the 97th, Taylor of the 94th, Moultrie of the 93rd, Harris of the 96th and others:
A bill to amend an Act establishing the State Court of Muscogee County, so as to provide for a full-time chief assistant solicitor; to provide for duties and compensation; to abolish a certain position of assistant solicitor upon certain appointment.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 947. By Representatives Murphy of the 18th, Watts of the 41st and Cummings of the 17th:
A bill to provide for a supplemental expense allowance for the judges of the superior courts of the Tallapoosa Judicial Circuit; to provide for a supplemental expense allowance for the district attorney of the Tallapoosa Judicial Circuit.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 948. By Representatives Walker of the 113th and Watson of the 114th:
A bill to amend an Act incorporating the City of Centerville, so as to change the corporate limits of said city.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

TUESDAY, MARCH 5, 1991

1605

On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed.

SB 359. By Senator English of the 21st:
A bill to provide a new charter for the City of Keysville; 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, method of filling vacancies, compensation, qualification, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

SB 362. By Senator Edge of the 28th:
A bill to be entitled an Act to provide for the Griffin-Spalding County Personal Care Health Board, a board to take such actions and do such things as it shall deem necessary and proper to inspect and license personal care health facilities; to provide for the board to be administratively attached to the Spalding County Board of Health.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

SB 368. By Senator Baldwin of the 29th:
A bill to amend an Act creating the Downtown LaGrange Development Authority, as amended, so as to permit the authority to buy, acquire, develop, improve, own, operate, maintain, sell, lease, and mortgage property; to permit the authority to exercise eminent domain for the purpose of this Act.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:

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

1606

JOURNAL OF THE HOUSE,

SB 181. By Senator Garner of the 30th:
A bill to amend Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, so as to provide for continuing education for certain holders of certificates of registration; to provide for revocation and reinstatement of certificates.

SB 297. By Senator Steinberg of the 42nd:
A bill to amend Part 1 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to general provisions concerning telephone service, so as to make it unlawful for any telephone company or employee or agent thereof to disclose to a third party any personally identifiable long-distance toll records, mobile telephone records, or other information concerning a customer's telephone communications; to provide exceptions.

SB 336. By Senators Walker of the 43rd, Moye of the 34th and Langford of the 35th:
A bill to amend Code Section 44-12-131 of the Official Code of Georgia Annotated, relating to the legal rate of interest in pawn transactions, so as to repeal the exemption for motor vehicles from the limitation provision for pawnshop charges; to provide that a storage fee may be charged for a motor vehicle if the pawnbroker takes possession of the motor vehicle.

SB 339. By Senators Edge of the 28th and Garner of the 30th:
A bill to amend Part 1 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions with respect to stopping, standing, and parking under the uniform rules of the road, so as to provide that a person who removes or stores a motor vehicle under certain conditions pursuant to authority of a police officer shall have a lien on such vehicle for the reasonable fees connected with the removal or storage of such vehicle plus the cost of any advertisement associated therewith.

SB 350. By Senators Gillis of the 20th, Huggins of the 53rd, Coleman of the 1st and others:
A bill to amend Code Section 16-8-12 of the Official Code of Georgia Annotated, relating to penalties for violation of Code Sections 16-8-2 through 16-8-9, so as to provide that persons sentenced to imprisonment for theft of a motor vehicle shall be incarcerated in a special alternative incarceration or boot camp unit of the Department of Corrections for a certain period of their sentence; to provide for such units.

SB 365. By Senators Hammill of the 3rd, Echols of the 6th and Perry of the 7th:
A bill to amend Article 3 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to the personnel of emergency medical services, so as to remove certain recertification standards, continuing education, and active practice requirements.

SB 372. By Senator Echols of the 6th:
A bill to amend Code Section 33-8-8.3 of the Official Code of Georgia Annotated, relating to the funding of services in unincorporated areas of counties from the proceeds of insurance premium taxes, so as to provide that the proceeds of premium taxes levied on behalf of counties may be used for the purposes of street and road improvements.

TUESDAY, MARCH 5, 1991

1607

SB 374. By Senators Perry of the 7th, Echols of the 6th and Turner of the 8th:
A bill to amend Chapter 5 of Title 27 of the Official Code of Georgia Annotated, relating to wild animals, so as to provide that it shall be lawful to hold a ferret as a pet without a license or a permit under certain conditions; to change a misspelling; to provide for an effective date.

SB 375. By Senators Albert of the 23rd and Kidd of the 25th:
A bill to amend Code Section 10-1-510 of the Official Code of Georgia Annotated, relating to duplication of works of fine art, so as to change the conditions upon which printers may agree to duplicate works of fine art; to provide for statements and forms; to change certain criminal penalties and provide for civil liability and recovery; to provide for applicability.

SB 379. By Senators Kidd of the 25th, Deal of the 49th, Garner of the 30th and others:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to enact the "Georgia Register Act"; to provide for the publication of a Georgia Register and its governance by the Georgia Register Board; to provide for the membership, powers, duties, procedures, and operations of the board; to provide for the contents of the Georgia Register to include certain information with respect to certain proposed, pending, and adopted governmental actions and certain other material.

SB 381. By Senator Baldwin of the 29th:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Water Quality Control Act," so as to establish limits on the amount of phosphorus which may be contained in waste water discharged by certain water pollution control plants into the Chattahoochee River between Buford Dam and West Point Reservoir on or after January 1, 1992.

SB 382. By Senator Kidd of the 25th:
A bill to amend Chapter 4 of Title 21 of the Official Code of Georgia Annotated, known as the "Recall Act of 1989," so as to change certain definitions; to change the provisions relating to grounds for recall; to change the provisions relating to legal sufficiency of an application for recall petition or a recall petition; to provide for the effect of failure to submit a recall petition or an application therefor for verification.

SB 384. By Senators Pollard of the 24th, Kidd of the 25th and Edge of the 28th:
A bill to amend Code Section 15-6-93, relating to office hours of the clerks of the superior courts, so as to change the provisions relating to office hours.

SB 385. By Senator English of the 21st:
A bill to amend Code Section 12-13-10 of the Official Code of Georgia Annotated, relating to environmental assurance fees, so as to raise the allowable fee from 0.1 cent per gallon to 1.0 cent per gallon; to provide for related matters; to provide an effective date.

1608

JOURNAL OF THE HOUSE,

SB 389. By Senator Kidd of the 25th:
A bill to amend Code Section 3-6-21.1 of the Official Code of Georgia Annotated, relating to the licensing of farm wineries to engage in retail and wholesale sales, so as to provide that the limit on the maximum number of tasting rooms permissible off the premises of farm wineries shall be set by the commissioner of revenue; to provide that the commissioner of revenue shall authorize no fewer than 15 of such tasting rooms; to provide for intent.

SB 396. By Senators Deal of the 49th and Foster of the 50th:
A bill to amend Code Section 20-2-57 of the Official Code of Georgia Annotated, relating to the organization of county boards of education and the selection and term of the chairman, so as to authorize a county board of education to adopt a local board policy establishing the term of the chairman.

SB 412. By Senator Foster of the 50th:
A bill 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 salary increases for persons selected as Georgia Teacher of the Year; to provide for statutory construction.

HB 482. By Representatives Murphy of the 18th and Martin of the 26th:
A bill to amend Code Section 31-8-155 of the Official Code of Georgia Annotated, relating to rules for expansions of eligibility funded by the Indigent Care Trust Fund, so as to change when contributions may be made.

SB 419. By Senator Kidd of the 25th:
A bill to amend an Act making provisions for the Magistrate Court of Putnam County, as amended, so as to change the number of magistrates for said court; to provide for the appointment of the additional magistrate and his term of office; to change the provisions relating to compensation of the magistrates other than the chief magistrate.

SB 428. By Senators Hasty of the 51st and Clay of the 37th:
A bill to amend an Act known as the "Cherokee County Water and Sewerage Authority Act," as amended, so as to change the membership of the authority; to provide for appointment of members; to provide for a quorum; to provide for qualifications; to provide for additional powers, duties, and responsibilities; to provide for applicability.

HB 843. By Representative Fennel of the 155th: A bill to provide a new charter for the City of Brunswick.

HB 853. By Representatives Dover of the llth and Jamieson of the llth:
A bill to provide for the nonpartisan nomination and election of the chief magistrate of the Magistrate Court of White County.

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

TUESDAY, MARCH 5, 1991

1609

SR 190. By Senators Coleman of the 1st, Thompson of the 33rd, Hill of the 4th and others:
A resolution creating the Joint Study Committee for Regional Development Centers.

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

SB 63. By Senator Kidd of the 25th:
A bill to amend an Act providing for the appointment of the initial chief magistrate of the Magistrate Court of Hancock County and the election of subsequent chief magistrates, as amended, so as to change the provisions relating to the compensation of the chief magistrate.

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

SR 213. By Senators Burton of the 5th, Hooks of the 14th and Kidd of the 25th: A resolution designating the Andersonville POW Memorial Trail.

SR 264. By Senator Timmons of the llth:
A resolution designating the Stewart County Wild Game and Fish Cookoff and Exposition as the Official Georgia Wild Game and Fish Cookoff and Exposition.

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

SB 320. By Senator Robinson of the 16th:
A bill 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 the offense of misappropriation of trade secrets; to provide for definitions; to provide for a penalty.

SB 433. By Senators Tate of the 38th, Foster of the 50th and Ray of the 19th:
A bill to amend Article 1 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the State Board of Education, so as to create in the Department of Education an office of minority educator recruitment; to provide for purposes and reports.

SB 395. By Senator Robinson of the 16th:
A bill to amend Code Section 40-8-76.1 of the Official Code of Georgia Annotated, relating to the use of seat safety belts in passenger vehicles, so as to provide that a person who fails to comply with certain provisions relating to the use of seat safety belts and who is also charged with violating any provision of Chapter 6 of Title 40 or of violating any lawful ordinance adopted by a local governing authority regulating the operation of motor vehicles shall be guilty of the offense of failure to wear a seat safety belt.

1610

JOURNAL OF THE HOUSE,

SB 407. By Senator Starr of the 44th:
A bill to amend Part 1A of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, the "Nonpublic Postsecondary Educational Institutions Act of 1990," so as to change certain exemptions; to provide an effective date.

SB 106. By Senator Kidd of the 25th:
A bill to amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration and the State Merit System of Personnel Administration, so as to repeal certain provisions relating to procedures for adverse action against permanent status employees generally and procedures for conduct of hearings and appeals relating to adverse personnel actions.

SB 394. By Senator Pollard of the 24th:
A bill to amend Code Section 19-5-5 of the Official Code of Georgia Annotated, relating to petitions for divorce, their contents and verification, and demands for a detailed statement, so as to provide that the petition shall show the dates of birth of the petitioner and the respondent.

SB 388. By Senator Deal of the 49th:
A bill to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to which offenses are bailable, so as to provide for offenses bailable only before the superior court in certain instances.

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

SR 235. By Senator Huggins of the 53rd: A resolution designating the Lyle Jones Parkway.

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

SB 410. By Senators Johnson of the 47th, Deal of the 49th, Garner of the 30th and others:
A bill to amend Part 1 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to management of budgetary and financial affairs, so as to require the submission of certain five-year strategic plans by each budget unit in conjunction with budget estimates.

SB 417. By Senators Dawkins of the 45th, Taylor of the 12th, Robinson of the 16th and others:
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 change the conditions under which certain students may be counted for high school programs while enrolled in postsecondary institutions; to provide for definitions.

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

TUESDAY, MARCH 5, 1991

1611

SR 198. By Senators Harris of the 27th, Gillis of the 20th, Collins of the 17th and others:
A resolution authorizing the State Properties Commission to negotiate a lease of certain tracts of state owned real property in High Falls State Park and Watson Bridge State Park; to set terms; to provide an effective date.

SR 233. By Senator Echols of the 6th:
A resolution commending Mr. Roger E. James and designating the Roger E. James Bridge.

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

SB 376. By Senators Starr of the 44th, Collins of the 17th and Bowen of the 13th:
A bill to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions regarding law enforcement officers and agencies, so as to prohibit the inspection or copying of certain law enforcement agency records for use in any commercial solicitation of certain victims or relatives of such victims; to provide for applicability; to provide for a criminal penalty; to provide for an effective date.

SB 426. By Senator Kidd of the 25th:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for the establishment of the Executive Fellows Program; to provide for development of criteria for recruitment, selection, and assignment of executive fellows; to provide for appointment of the selection committee.

SB 416. By Senators Gillis of the 20th, Dean of the 31st and Hammill of the 3rd:
A bill to amend Code Section 43-45-8 of the Official Code of Georgia Annotated, relating to the general powers and duties of the State Structural Pest Control Commission, so as to expand the licensing powers of the commission; to provide for a research fee; to provide the manner in which the research fee shall be established.

By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees:

SB 106. By Senator Kidd of the 25th:
A bill to amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration and the State Merit System of Personnel Administration, so as to repeal certain provisions relating to procedures for adverse action against permanent status employees generally and procedures for conduct of hearings and appeals relating to adverse personnel actions.
Referred to the Committee on State Planning & Community Affairs.

1612

JOURNAL OF THE HOUSE,

SB 181. By Senator Garner of the 30th:
A bill to amend Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, so as to provide for continuing education for certain holders of certificates of registration; to provide for revocation and reinstatement of certificates.
Referred to the Committee on Health & Ecology.
SB 297. By Senator Steinberg of the 42nd:
A bill to amend Part 1 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to general provisions concerning telephone service, so as to make it unlawful for any telephone company or employee or agent thereof to disclose to a third party any personally identifiable long-distance toll records, mobile telephone records, or other information concerning a customer's telephone communications; to provide exceptions.
Referred to the Committee on Judiciary.
SB 320. By Senator Robinson of the 16th:
A bill 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 the offense of misappropriation of trade secrets; to provide for definitions; to provide for a penalty.
Referred to the Committee on Judiciary.
SB 336. By Senators Walker of the 43rd, Moye of the 34th and Langford of the 35th:
A bill to amend Code Section 44-12-131 of the Official Code of Georgia Annotated, relating to the legal rate of interest in pawn transactions, so as to repeal the exemption for motor vehicles from the limitation provision for pawnshop charges; to provide that a storage fee may be charged for a motor vehicle if the pawnbroker takes possession of the motor vehicle.
Referred to the Committee on Banks & Banking.
SB 339. By Senators Edge of the 28th and Garner of the 30th:
A bill to amend Part 1 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions with respect to stopping, standing, and parking under the uniform rules of the road, so as to provide that a person who removes or stores a motor vehicle under certain conditions pursuant to authority of a police officer shall have a lien on such vehicle for the reasonable fees connected with the removal or storage of such vehicle plus the cost of any advertisement associated therewith.
Referred to the Committee on Motor Vehicles.

SB 350. By Senators Gillis of the 20th, Huggins of the 53rd, Coleman of the 1st and others:
A bill to amend Code Section 16-8-12 of the Official Code of Georgia Annotated, relating to penalties for violation of Code Sections 16-8-2 through 16-8-9, so as to provide that persons sentenced to imprisonment for theft of a motor vehicle shall be incarcerated in a special alternative incarceration or boot camp unit of the Department of Corrections for a certain period of their sentence; to provide for such units.
Referred to the Committee on State Institutions & Property.

TUESDAY, MARCH 5, 1991

1613

SB 365. By Senators Hammill of the 3rd, Echols of the 6th and Perry of the 7th:
A bill to amend Article 3 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to the personnel of emergency medical services, so as to remove certain recertification standards, continuing education, and active practice requirements.
Referred to the Committee on Health & Ecology.

SB 372. By Senator Echols of the 6th:
A bill to amend Code Section 33-8-8.3 of the Official Code of Georgia Annotated, relating to the funding of services in unincorporated areas of counties from the proceeds of insurance premium taxes, so as to provide that the proceeds of premium taxes levied on behalf of counties may be used for the purposes of street and road improvements.
Referred to the Committee on Ways & Means.

SB 374. By Senators Perry of the 7th, Echols of the 6th and Turner of the 8th:
A bill to amend Chapter 5 of Title 27 of the Official Code of Georgia Annotated, relating to wild animals, so as to provide that it shall be lawful to hold a ferret as a pet without a license or a permit under certain conditions; to change a misspelling; to provide for an effective date.
Referred to the Committee on Game, Fish & Parks.

SB 375. By Senators Albert of the 23rd and Kidd of the 25th:
A bill to amend Code Section 10-1-510 of the Official Code of Georgia Annotated, relating to duplication of works of fine art, so as to change the conditions upon which printers may agree to duplicate works of fine art; to provide for statements and forms; to change certain criminal penalties and provide for civil liability and recovery; to provide for applicability.
Referred to the Committee on Special Judiciary.

SB 376. By Senators Starr of the 44th, Collins of the 17th and Bowen of the 13th:
A bill to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions regarding law enforcement officers and agencies, so as to prohibit the inspection or copying of certain law enforcement agency records for use in any commercial solicitation of certain victims or relatives of such victims; to provide for applicability; to provide for a criminal penalty; to provide for an effective date.
Referred to the Committee on Public Safety.

SB 379. By Senators Kidd of the 25th, Deal of the 49th, Garner of the 30th and others:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to enact the "Georgia Register Act"; to provide for the publication of a Georgia Register and its governance by the Georgia Register Board; to provide for the membership, powers, duties, procedures, and operations of the board; to provide for the contents of the Georgia Register to include certain information with respect to certain proposed, pending, and adopted governmental actions and certain other material.
Referred to the Committee on State Planning & Community Affairs.

1614

JOURNAL OF THE HOUSE,

SB 381. By Senator Baldwin of the 29th:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Water Quality Control Act," so as to establish limits on the amount of phosphorus which may be contained in waste water discharged by certain water pollution control plants into the Chattahoochee River between Buford Dam and West Point Reservoir on or after January 1, 1992.
Referred to the Committee on Natural Resources & Environment.

SB 382. By Senator Kidd of the 25th:
A bill to amend Chapter 4 of Title 21 of the Official Code of Georgia Annotated, known as the "Recall Act of 1989," so as to change certain definitions; to change the provisions relating to grounds for recall; to change the provisions relating to legal sufficiency of an application for recall petition or a recall petition; to provide for the effect of failure to submit a recall petition or an application therefor for verification.
Referred to the Committee on Governmental Affairs.

SB 384. By Senators Pollard of the 24th, Kidd of the 25th and Edge of the 28th:
A bill to amend Code Section 15-6-93, relating to office hours of the clerks of the superior courts, so as to change the provisions relating to office hours.
Referred to the Committee on Judiciary.

SB 385. By Senator English of the 21st:
A bill to amend Code Section 12-13-10 of the Official Code of Georgia Annotated, relating to environmental assurance fees, so as to raise the allowable fee from 0.1 cent per gallon to 1.0 cent per gallon; to provide for related matters; to provide an effective date.
Referred to the Committee on Natural Resources & Environment.

SB 388. By Senator Deal of the 49th:
A bill to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to which offenses are bailable, so as to provide for offenses bailable only before the superior court in certain instances.
Referred to the Committee on Special Judiciary.

SB 389. By Senator Kidd of the 25th:
A bill to amend Code Section 3-6-21.1 of the Official Code of Georgia Annotated, relating to the licensing of farm wineries to engage in retail and wholesale sales, so as to provide that the limit on the maximum number of tasting rooms permissible off the premises of farm wineries shall be set by the commissioner of revenue; to provide that the commissioner of revenue shall authorize no fewer than 15 of such tasting rooms; to provide for intent.
Referred to the Committee on Regulated Beverages.

TUESDAY, MARCH 5, 1991

1615

SB 394. By Senator Pollard of the 24th:
A bill to amend Code Section 19-5-5 of the Official Code of Georgia Annotated, relating to petitions for divorce, their contents and verification, and demands for a detailed statement, so as to provide that the petition shall show the dates of birth of the petitioner and the respondent.
Referred to the Committee on Judiciary.

SB 395. By Senator Robinson of the 16th:
A bill to amend Code Section 40-8-76.1 of the Official Code of Georgia Annotated, relating to the use of seat safety belts in passenger vehicles, so as to provide that a person who fails to comply with certain provisions relating to the use of seat safety belts and who is also charged with violating any provision of Chapter 6 of Title 40 or of violating any lawful ordinance adopted by a local governing authority regulating the operation of motor vehicles shall be guilty of the offense of failure to wear a seat safety belt.
Referred to the Committee on Motor Vehicles.

SB 396. By Senators Deal of the 49th and Foster of the 50th:
A bill to amend Code Section 20-2-57 of the Official Code of Georgia Annotated, relating to the organization of county boards of education and the selection and term of the chairman, so as to authorize a county board of education to adopt a local board policy establishing the term of the chairman.
Referred to the Committee on Education.

SB 407. By Senator Starr of the 44th:
A bill to amend Part 1A of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, the "Nonpublic Postsecondary Educational Institutions Act of 1990," so as to change certain exemptions; to provide an effective date.
Referred to the Committee on University System of Georgia.

SB 410. By Senators Johnson of the 47th, Deal of the 49th, Garner of the 30th and others:
A bill to amend Part 1 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to management of budgetary and financial affairs, so as to require the submission of certain five-year strategic plans by each budget unit in conjunction with budget estimates.
Referred to the Committee on Appropriations.

SB 412. By Senator Foster of the 50th:
A bill 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 salary increases for persons selected as Georgia Teacher of the Year; to provide for statutory construction.
Referred to the Committee on Education.

1616

JOURNAL OF THE HOUSE,

SB 416. By Senators Gillis of the 20th, Dean of the 31st and Hammill of the 3rd:
A bill to amend Code Section 43-45-8 of the Official Code of Georgia Annotated, relating to the general powers and duties of the State Structural Pest Control Commission, so as to expand the licensing powers of the commission; to provide for a research fee; to provide the manner in which the research fee shall be established.
Referred to the Committee on Industry.

SB 417. By Senators Dawkins of the 45th, Taylor of the 12th, Robinson of the 16th and others:
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 change the conditions under which certain students may be counted for high school programs while enrolled in postsecondary institutions; to provide for definitions.
Referred to the Committee on Education.

SB 419. By Senator Kidd of the 25th:
A bill to amend an Act making provisions for the Magistrate Court of Putnam County, as amended, so as to change the number of magistrates for said court; to provide for the appointment of the additional magistrate and his term of office; to change the provisions relating to compensation of the magistrates other than the chief magistrate.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 426. By Senator Kidd of the 25th:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for the establishment of the Executive Fellows Program; to provide for development of criteria for recruitment, selection, and assignment of executive fellows; to provide for appointment of the selection committee.
Referred to the Committee on State Planning & Community Affairs.

SB 428. By Senators Hasty of the 51st and Clay of the 37th:
A bill to amend an Act known as the "Cherokee County Water and Sewerage Authority Act," as amended, so as to change the membership of the authority; to provide for appointment of members; to provide for a quorum; to provide for qualifications; to provide for additional powers, duties, and responsibilities; to provide for applicability.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 433. By Senators Tate of the 38th, Foster of the 50th and Ray of the 19th:
A bill to amend Article 1 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the State Board of Education, so as to create in the Department of Education an office of minority educator recruitment; to provide for purposes and reports.
Referred to the Committee on Education.

TUESDAY, MARCH 5, 1991

1617

SR 190. By Senators Coleman of the 1st, Thompson of the 33rd, Hill of the 4th and others:
A resolution creating the Joint Study Committee for Regional Development Centers.
Referred to the Committee on Rules.

SR 198. By Senators Harris of the 27th, Gillis of the 20th, Collins of the 17th and others:
A resolution authorizing the State Properties Commission to negotiate a lease of certain tracts of state owned real property in High Falls State Park and Watson Bridge State Park; to set terms; to provide an effective date.
Referred to the Committee on State Institutions & Property.

SR 213. By Senators Burton of the 5th, Hooks of the 14th and Kidd of the 25th: A resolution designating the Andersonville POW Memorial Trail.
Referred to the Committee on Defense & Veterans Affairs.

SR 233. By Senator Echols of the 6th:
A resolution commending Mr. Roger E. James and designating the Roger E. James Bridge.
Referred to the Committee on Transportation.

SR 235. By Senator Huggins of the 53rd: A resolution designating the Lyle Jones Parkway.
Referred to the Committee on Transportation.

SR 264. By Senator Timmons of the llth:
A resolution designating the Stewart County Wild Game and Fish Cookoff and Exposition as the Official Georgia Wild Game and Fish Cookoff and Exposition.
Referred to the Committee on Game, Fish & Parks.

Representative Lucas of the 102nd moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Resolution of the House:

HR 226. By Representatives Lucas of the 102nd and Dunn of the 73rd:
A resolution proposing an amendment to the Constitution so as to delete those provisions prohibiting lotteries and providing for exceptions thereto; to provide that the General Assembly may by law provide for a lottery run by a nonprofit organization certified as tax exempt under federal law.
On the motion, the roll call was ordered and the vote was as follows:

Y Abernathy N Adams N Aiken YAlford

N Atkins Baker
Y Balkcom NBarfoot

Y Bargeron Y Barnett,B Y Barnett,M N Bates

N Beatty Y Benefield Y Birdsong Y Blitch

Bordeaux Y Bostick Y Branch Y Breedlove

1618

JOURNAL OF THE HOUSE,

Y Brooks Brown
N Brush YBuck
Buckner YByrd N Campbell Y Canty N Carrell
Carter N Chafin
Chambless N Cheeks Y Childers Y Clark.E Y Clark.H
Clark,L N Coker
Coleman Colwell Y Connell Y Culbreth N Cummings.B Y Cummings.M
Y Davis.G Davis.M
Y Dixon.H Dixon.S
Y Dobbs Dover
Y Dunn Edwards

N Elliott Y Felton Y Fennel N Floyd,J.M Y FloydJ.W NFlynt Y Godbee N Golden
Good win Y Green
Greene Y Griffin
N Groover Y Hamilton Y Hammond
Hanner Y Harris.B
Y Harris.J Heard Henson
N Herbert Y Hightower N Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson
N Jamieson Jenkins
N Jones Kilgore

YKing E Kingston N Klein
NLadd Lane.D
Y Lane.R E Langford Y Lawrence Y Lawson YLee
NLong YLord
Y Lucas Y Lupton YMann Y Martin Y McCoy N McKelvey Y McKinney.B
McKinney.C Y Meadows Y Merritt NMilam N Mills Y Mobley N Moody Y Morsberger N Moultrie
Mueller Oliver.C Oliver.M
YOrr

Y Orrock
Y Padgett N Parham N Parrish N Patten Y Pelote Y Perry
Pettit N Pinholster
Pinkston YPoag
Porter N Poston
Powell.A Y Powell.C
N Purcell Y Randall
Ray Reaves Y Redding Y Ricketson Royal Y Selman Y Sherrill
Y Simpson Y Sinkfield N Skipper N Smith.L N Smith,P N Smith.T Y Smith.W YSmyre

Snow Y Stancil.F N Stancil.S Y Stanley
Stephens N Streat Y Taylor
Y Teper N Thomas.C Y Thomas.M Y Thomas.N
Y Thurmond
Y Titus N Tolbert
Y Townsend Y Turnquest
Twiggs Y Valenti
N Vaughan N Walker,J N Walker.L
Y Wall N Ware Y Watson
N Watts Y White
Wilder N Williams.B Y Williams,J Y Williams.R
Yeargin Murphy.Spkr

On the motion, the ayes were 90, nays 50. The motion prevailed.

Representative Groover of the 99th moved that the following Bill of the House be taken from the table:

HB 227. By Representatives Poston of the 2nd, Dunn of the 73rd, Thurmond of the 67th, Parrish of the 109th, Walker of the 115th and others:
A bill to amend Article 9 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to regulation of gasoline marketing practices, so as to prohibit a refiner, producer, or manufacturer of automotive gasoline from opening and from directly or indirectly operating a retail service station for the retail sale of gasoline.
On the motion, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams N Aiken N Alford N Atkins N Baker Y Balkcom N Barfoot Y Bargeron
N Barnett,B
Y Barnett,M N Bates
N Beatty N Benefield
Y Birdsong
Y Blitch N Bordeaux Y Bostick N Branch N Breedlove

N Brooks Y Brown Y Brush YBuck Y Buckner YByrd N Campbell
Y Canty Y Carrell
N Carter Y Chafin N Chambless
Y Cheeks Y Childers N Clark,E N Clark,H Y Clark,L N Coker Y Coleman
Colwell

Y Connell Y Culbreth Y Cummings.B N Cummings.M Y Davis.G
Davis.M Y Dixon.H
N Dixon,S N Dobbs
Dover Y Dunn
Edwards Y Elliott N Felton Y Fennel
Floyd,J.M N Floyd.J.W Y Flynt
Godbee Y Golden

N Goodwin Y Green
Greene Y Griffin Y Groover Y Hamilton N Hammond Y Hanner Y Harris.B Y Harris.J
N Heard N Henson Y Herbert N Hightower Y Holland N Holmes Y Howard N Hudson N Irwin Y Jackson

Y Jamieson Y Jenkins Y Jones
Kilgore YKing E Kingston N Klein NLadd N Lane.D Y Lane.R E Langford
N Lawrence
Y Lawson
YLee Y Long Y Lord N Lucas N Lupton Y Mann N Martin

TUESDAY, MARCH 5, 1991

1619

N McCoy N McKelvey N McKinney.B
McKinney.C Y Meadows N Merritt Y Milam N Mills Y Mobley N Moody N Morsberger Y Moultrie N Mueller
N Oliver.C Oliver.M
YOrr

N Orrock Y Padgett Y Parham Y Parrish Y Patten N Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Purcell

Y Randall NRay Y Reaves
Redding Y Ricketson
Royal Selman N Sherrill N Simpson N Sinkfield Y Skipper N Smith.L N Smith.P Y Smith,T Y Smith.W N Smyre

Snow Y Stancil.F
N Stancil.S N Stanley
Stephens
N Streat Y Taylor N Teper N Thomas.C Y Thomas.M N Thomas.N Y Thurmond N Titus
N Tolbert N Townsend N Turnquest

Twiggs Valenti N Vaughan N Walker,J Y Walker,L N Wall N Ware Y Watson N Watts Y White N Wilder N Williams.B N Williams.J Y Williams.R Y Yeargin Murphy.Spkr

On the motion, the ayes were 84, nays 75. The motion prevailed.

Representative Mills of the 20th stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.

Representative Childers of the 15th moved that the House reconsider its action in taking HB 227 from the table.
Representative Childers of the 15th withdrew his motion.

Representative Wilder of the 21st moved that the House reconsider its action in taking HB 227 from the table.
On the motion, the roll call was ordered and the vote was as follows:

N Abernathy N Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom
Y Barfoot N Bargeron Y Barnett.B N Barnett.M Y Bates Y Beatty Y Benefield N Birdsong Y Blitch Y Bordeaux N Bostick Y Branch Y Breedlove Y Brooks N Brown N Brush NBuck N Buckner
Byrd
Y Campbell Y Canty N Carrell Y Carter N Chafin
Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.H

N Clark.L Y Coker N Coleman
Colwell N Connell
N Culbreth
N Cummings.B Y Cummings.M N Davis.G
Davis.M N Dixon.H Y Dixon.S
Y Dobbs N Dover
N Dunn
Edwards
N Elliott Y Felton N Fennel
Floyd,J.M N Floyd,J.W Y Flynt
Godbee N Golden Y Goodwin N Green
Greene N Griffin N Groover N Hamilton Y Hammond N Hanner N Harris.B N Harris,J Y Heard Y Henson

N Herbert Y Hightower N Holland Y Holmes
N Howard Y Hudson Ylrwin N Jackson N Jamieson N Jenkins Y Jones N Kilgore NKing E Kingston Y Klein YLadd N Lane,D N Lane.R E Langford
Y Lawrence N Lawson NLee
N Long NLord
Lucas Y Lupton
N Mann
Y Martin Y McCoy Y McKelvey Y McKinney.B
McKinney.C N Meadows
Merritt
N Milam Mills

N Mobley Y Moody Y Morsberger N Moultrie Y Mueller Y Oliver.C Y Oliver.M
NOrr
Y Orrock
N Padgett N Parham
N Parrish N Patten Y Pelote N Perry
Pettit N Pinholster N Pinkston NPoag N Porter N Poston N Powell,A N Powell.C N Purcell N Randall
YRay N Reaves Y Redding N Ricketson
Royal N Selman
Y Sherrill N Simpson Y Sinkfield N Skipper Y Smith.L

Y Smith.P N Smith.T N Smith.W
Smyre
YSnow
Y Stancil.F
Y Stancil.S Y Stanley N Stephens N Streat Y Taylor Y Teper N Thomas.C N Thomas.M Y Thomas.N N Thurmond N Titus Y Tolbert
Y Townsend
Y Turnquest
N Twiggs Y Valenti Y Vaughan
N Walker,J N Walker.L Y Wall Y Ware N Watson Y Watts N White Y Wilder Y Williams.B Y Williams.J N Williams.R N Yeargin
Murphy.Spkr

1620

JOURNAL OF THE HOUSE,

On the motion, the ayes were 77, nays 86. The motion was lost.
The following Bill of the House was again taken up for consideration:
HB 227. By Representatives Poston of the 2nd, Dunn of the 73rd, Thurmond of the 67th, Parrish of the 109th, Walker of the 115th and others: A bill to amend Article 9 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to regulation of gasoline marketing practices, so as to prohibit a refiner, producer, or manufacturer of automotive gasoline from opening and from directly or indirectly operating a retail service station for the retail sale of gasoline.
The following amendment was read and withdrawn:
Representative Smith of the 78th moves to amend HB 227 as follows: By adding after Section 2: (3) After July 1, 1992 K-Mart, Wal-Mart, Sears Roebuck and Co., J. C. Penney and Co. or any other major retail trade store shall be prohibited from operating retail stores in the State of Georgia. (4) After July 1, 1992 Winn-Dixie, Kroger, Big Star, Piggly Wiggly and other major retail grocery stores shall be prohibited from operating any retail grocery stores in the State of Georgia. By adding a Section 4 after Section 3: Any civil action brought in a superior court in Georgia to enforce Section 2 and 3 shall be denoted and styled "A Blue Light Special for Equitable Relief." Renumber accordingly.
The following amendment was read:

Representative Alford of the 57th moves to amend HB 227 by adding following the word "violations" on line 9 of page 1 the following:
"; to provide for a definition".
By striking line 34 of page 2 and inserting in lieu thereof the following:
"fees shall be controlled by Code Section 13-6-11.
(d) As used in this Code section, the term 'refiner, producer, or manufacturer of automotive gasoline' means any person, firm, or corporation, including an affiliate, who produces quantities of crude oil equal to more than 30 percent of the domestic and imported crude oil supplied to his refinery during the most recent calendar year for which information is available, refines motor vehicle fuel from crude oil, and has a total refinery capacity of more than 175,000 barrels a day.'"

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

Y Abernathy N Adams Y Aiken

Y Alford Y Atkins Y Baker

Y Balkcom Y Barfoot N Bargeron

N Barnett.B Y Barnett.M N Bates

Y Beatty Y Benefield N Birdsong

TUESDAY, MARCH 5, 1991

1621

Y Blitch Y Bordeaux N Bostick
Y Branch Y Breedlove
Y Brooks Y Brown N Brush
NBuck N Buckner NByrd
Y Campbell N Canty Y Carrell Y Carter N Chafin Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark,H N Clark,L Y Coker
Coleman N Colwell N Connell N Culbreth N Cummings,B Y Cummings.M N Davis,G Y Davis.M N Dixon.H Y Diion,S

Y Dobbs N Dover NDunn N Edwards N Elliott Y Felton N Fennel
Floyd,J.M N Floyd,J.W YFlynt
Y Godbee N Golden
Y Goodwin Green Greene
N Griffin N Groover Y Hamilton Y Hammond Y Manner N Harris,B N Harris.J Y Heard Y Henson
N Herbert Y Hightower
N Holland Y Holmes
Howard Y Hudson Ylrwin N Jackson N Jamieson

Jenkins N Jones Y Kilgore NKing E Kingston Y Klein
YLadd YLane.D
Y Lane,R E Langford Y Lawrence N Lawson N Lee NLong NLord
Lucas
Y Lupton NMann Y Martin Y McCoy Y McKelvey Y McKinney.B Y McKinney.C Y Meadows N Merritt N Milam
Y Mills Y Mobley N Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C

Y Oliver.M NOrr Y Orrock Y Padgett N Parham N Parrish N Patten Y Pelote N Perry
Pettit N Pinholster N Pinkston NPoag N Porter N Poston
N Powell,A N Powell.C
N Purcell N Randall YRay N Reaves Y Redding N Ricketson
Royal Selman Y Sherrill Y Simpson Y Sinkfield N Skipper Y Smith,L N Smith.P
N Smith.T N Smith,W

N Smyre YSnow Y Stancil,F Y Stancil.S
Stanley Y Stephens N Streat N Taylor Y Teper Y Thomas.C N Thomas.M Y Thomas.N
Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest N Twiggs Y Valenti Y Vaughan N Walker.J N Walker.L Y Wall
Ware N Watson
Y Watts Y White Y Wilder Y Williams.B Y Williams,J Y Williams.R
N Yeargin
Murphy ,Spkr

On the adoption of the amendment, the ayes were 91, nays 73. The amendment was adopted.

The following substitute, offered by Representatives Groover of the 99th and Walker of the 115th, was read:

A BILL
To amend Article 9 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to regulation of gasoline marketing practices, so as to prohibit a refiner, producer, or manufacturer of automotive gasoline from opening and from directly or indirectly operating a retail service station for the retail sale of gasoline; to provide for exceptions; to provide for certain civil actions; to provide for attorneys' fees; to provide for penalties for certain violations; to provide for repeal of such provisions; 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 9 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to regulation of gasoline marketing practices, is amended by adding at the end thereof a new Code section, to be designated Code Section 10-1-242, to read as follows:
"10-1-242. (a) It shall be unlawful for any refiner, producer, or manufacturer of automotive gasoline to commit any of the following acts:
(1) After July 1, 1991, to open a major brand, secondary brand, or unbranded service station for the retail sale of gasoline in the State of Georgia and to operate it with company personnel, a subsidiary company, or a commissioned agent or under a contract with any person, firm, or corporation managing a service station on a fee arrangement with the refiner, producer, or manufacturer; or
(2) After July 1, 1992, to operate a major brand, secondary brand, or unbranded service station which was not in operation on July 1, 1991, for the retail sale of gasoline in the State of Georgia with company personnel, a subsidiary company, or a commissioned agent or under a contract with any person, firm, or corporation managing

1622

JOURNAL OF THE HOUSE,

a service station on a fee arrangement with the producer or refiner; provided, however, an automotive gasoline distributor who is a refiner, producer, or manufacturer of automotive gasoline may operate any retail outlet temporarily, but not to exceed 90 days, to avoid the closing of said retail outlet while preparing to lease said outlet. (b) Any person violating the provisions of subsection (a) of this Code section shall be guilty of a misdemeanor. (c) Any person, firm, or corporation which is engaged in the distribution of gasoline at wholesale or at retail and which is directly or indirectly affected by a violation of subsection (a) of this Code section may, for such violation, bring an action against a refiner, producer, or manufacturer in the superior court of the county where the refiner, producer, or manufacturer resides or, if the refiner, producer, or manufacturer is a corporation and shall bring such action in accordance with the provisions of Title 14 to recover damages sustained by reason of any violation of subsection (a) of this Code section. The court shall grant such equitable relief as is proper including declaratory judgment and injunctive relief. Attorneys' fees shall be controlled by Code Section 13-6-11."
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.

The following amendment was read and adopted:

Representative Alford of the 57th moves to amend the Floor substitute to HB 227 as follows:
Add following the word "violations" on line 9 of page 1 the following: "; to provide for a definition".
By striking line 34 of page 2 and inserting in lieu thereof the following:
"fees shall be controlled by Code Section 13-6-11.
(d) As used in this Code section, the term 'refiner, producer, or manufacturer of automotive gasoline' means any person, firm, or corporation, including an affiliate, who produces quantities of crude oil equal to more than 30 percent of the domestic and imported crude oil supplied to his refinery during the most recent calendar year for which information is available, refines motor vehicle fuel from crude oil, and has a total refinery capacity of more than 175,000 barrels a day.'"

The following amendment was read:

Representative Lane of the 27th moves to amend the Floor substitute to HB 227 as follows:
Page 1, line 22, delete "1991," insert "1992" also on Page 2, Line 4, delete "1992", insert "1993".

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

Y Abernathy N Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot N Bargeron

Y Barnett.B Y Barnett.M N Bates Y Beatty Y Benefield N Birdsong Y Blitch Y Bordeaux N Bostick

Y Branch N Breedlove Y Brooks Y Brown N Brush N Buck N Buckner Y Byrd Y Campbell

N Canty N Carrell N Carter N Chafln Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.H

N Clark.L Y Coker N Coieman N Colwell N Connell N Culbreth N Cummings.B Y Cummings.M N Davis.G

TUESDAY, MARCH 5, 1991

1623

N Davis.M N Dixon.H Y Dixon.S
Y Dobbs N Dover N Dunn N Edwards N Elliott Y Felton N Fennel
Floyd,J.M N Floyd.J.W YFlynt YGodbee N Golden Y Goodwin N Green
Greene Y Griffin N Groover N Hamilton Y Hammond N Manner N Harris.B N Harris,J Y Heard Y Henson

N Herbert Y Hightower
N Holland Y Holmes Y Howard Y Hudson Y Irwin N Jackson N Jamieson Y Jenkins N Jones Y Kilgore NKing E Kingston Y Klein YLadd Y Lane,D N Lane.R E Langford Y Lawrence N Lawson NLee NLong YLord Y Lucas Y Lupton NMann

Y Martin Y McCoy Y McKelvey Y McKinney.B Y McKinney.C N Meadows Y Merritt N Milam N Mills N Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
NOrr Y Orrock Y Padgett N Parham N Parrish N Patten Y Pelote N Perry N Pettit N Pinholster N Pinkston

NPoag N Porter N Poston N Powell.A N Powell.C N Purcell N Randall YRay N Reaves Y Redding N Ricketson
Royal
Y Selman Y Sherrill N Simpson Y Sinkfield N Skipper Y Smith.L Y Smith.P Y Smith.T N Smith,W Y Smyre YSnow
Y Stancil.F Y Stancil,S Y Stanley Y Stephens

N Streat N Taylor Y Teper Y Thomas.C N Thomas.M Y Thomas.N N Thurmond N Titus Y Tolbert Y Townsend Y Turnquest N Twiggs Y Valenti Y Vaughan N Walker,J N Walker.L Y Wall
Y Ware N Watson Y Watts N White Y Wilder
Y Williams,B Y Williams.J N Williams.R
Yeargin
Murphy.Spkr

On the adoption of the amendment, the ayes were 92, nays 81. The amendment was adopted.

Representative Groover of the 99th moved that the House reconsider its action in adopting the Lane amendment.
On the motion to reconsider the adoption of the Lane amendment, the roll call was ordered and the vote was as follows:

N Abernathy Y Adams N Aiken N Alford N Atkins N Baker N Balkcom N Barfoot Y Bargeron N Barnett.B N Barnett.M N Bates N Beatty N Benefield Y Birdsong N Blitch N Bordeaux Y Bostick N Branch N Breedlove
N Brooks Brown
Y Brush
YBuck Y Buckner NByrd N Campbell N Canty Y Carrell Y Carter Y Chafin N Chambless N Cheeks N Childers N ClarkJS N Clark.H

Y Clark.L N Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B
N Cummings.M
Y Davis.G N Davis.M Y Dixon.H
N Dixon,S
N Dobbs Y Dover
Y Dunn
Y Edwards Y Elliott N Felton Y Fennel
Floyd,J.M N Floyd,J.W
N Flynt N Godbee Y Golden N Goodwin Y Green
Greene N Griffin Y Groover Y Hamilton N Hammond Y Hanner
Y Harris.B
Y Harris,J N Heard N Henson

Y Herbert N Hightower Y Holland N Holmes Y Howard N Hudson N Irwin Y Jackson Y Jamieson N Jenkins N Jones N Kilgore YKing E Kingston N Klein
NLadd N Lane,D Y Lane.R E Langford N Lawrence Y Lawson YLee
YLong YLord N Lucas
N Lupton
NMann N Martin N McCoy N McKelvey N McKinney.B
N McKinney.C N Meadows N Merritt
Milam N Mills

N Mobley N Moody N Morsberger Y Moultrie N Mueller
N Oliver.C N Oliver.M YOrr N Orrock
N Padgett Y Parham Y Parrish Y Patten N Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell Y Randall NRay Y Reaves
N Redding Y Ricketson
Royal N Selman N Sherrill Y Simpson N Sinkfield Y Skipper N Smith,L

N Smith.P
Y Smith.T Y Smith.W N Smyre NSnow N Stancil,F N Stancil.S N Stanley N Stephens Y Streat N Taylor N Teper N Thomas.C Y Thomas.M N Thomas.N Y Thurmond N Titus N Tolbert
N Townsend N Turnquest Y Twiggs N Valenti N Vaughan Y Walker,J Y Walker,L N Wall N Ware Y Watson N Watts Y White N Wilder N Williams.B
N Williams,J Y Williams.R
Yeargin
Murphy.Spkr

1624

JOURNAL OF THE HOUSE,

On the motion, the ayes were 72, nays 99. The motion was lost.

The following amendment was read and adopted:

Representative Kilgore of the 42nd, et al. move to amend the floor substitute to HB 227 by striking the words "or manufacturer" on lines 4 and 20 of page 1 and inserting in lieu thereof the following:
"manufacturer, distributor, or wholesaler".
By striking the word "or" on lines 2, 14, 26, 27, and at the end of line 28 of page 2.
By inserting immediately after the word "manufacturer" on lines 3, 14, 26, 28, and 29 of page 2 the following:
", distributor, or wholesaler".

The Floor substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

N Abernathy Y Adams N Aiken N Alford N Atkins N Baker Y Balkcom N Barfoot Y Bargeron N Barnett.B N Barnett,M
N Bates N Beatty N Benefield Y Birdsong N Blitch N Bordeaux Y Bostick N Branch N Breedlove N Brooks N Brown Y Brush YBuck Y Buckner
NByrd N Campbell
Y Canty Y Carrell N Carter Y Chafin N Chambless
N Cheeks Y Childers
N Clark,E N Clark.H

Y Clark,L N Coker
Y Coleman Y Colwell Y Connell
Y Culbreth Y Cummings.B N Cummings.M Y Davis.G N Davis.M Y Dixon.H N Dixon,S N Dobbs Y Dover Y Dunn Y Edwards Y Elliott N Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt N Godbee Y Golden N Goodwin Y Green
Greene Y Griffin Y Groover Y Hamilton
N Hammond Y Manner Y Harris,B Y Harris,J N Heard N Henson

Y Herbert N Hightower Y Holland N Holmes N Howard
Y Hudson NIrwin
Y Jackson Y Jamieson N Jenkins N Jones N Kilgore YKing E Kingston N Klein NLadd N Lane.D Y Lane.R E Langford N Lawrence Y Lawson
YLee YLong YLord N Lucas
N Lupton NMann
N Martin NMcCoy Y McKelvey N McKinney.B N McKinney.C N Meadows N Merritt Y Milam N Mills

Y Mobley N Moody N Morsberger N Moultrie N Mueller N Oliver.C N Oliver.M YOrr N Orrock
Y Padgett Y Parham
Y Parrish Y Patten N Pelote Y Perry Y Pettit Y Pinholster
Y Pinkston YPoag Y Porter Y Poston Y PowelLA
Powell.C Y Purcel! Y Randall NRay Y Reaves N Redding Y Ricketson
Royal Selman N Sherrill N Simpson N Sinkfield Y Skipper
N Smith.L

N Smith,P Y Smith.T Y Smith,W N Smyre
NSnow Y Stancil.F
Y Stancil,S N Stanley N Stephens N Streat Y Taylor N Teper N Thomas.C Y Thomas.M N Thomas.N Y Thurmond N Titus N Tolbert N Townsend N Turnquest Y Twiggs N Valenti N Vaughan Y Walker,J Y Walker.L
N Wall N Ware Y Watson N Watts Y White N Wilder N Williams.B N Williams,J Y Williams,R
Yeargin Murphy.Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 81, nays 91.

TUESDAY, MARCH 5, 1991

1625

The Bill, by substitute, as amended, having failed to receive the requisite constitutional majority, was lost.

Due to a possible conflict of interest, Representative Royal of the 144th was excused from voting on all facets of HB 227.

Representative Poston of the 2nd gave notice that at the proper time he would move that the House reconsider its action in failing to give the requisite constitutional majority to HB 227.

Representative Poston of the 2nd withdrew his notice that he would move that the House reconsider its action in failing to give the requisite constitutional majority to HB 227.

Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:

HB 652. By Representatives Carter of the 146th and Patten of the 149th:
A bill to amend Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Hazardous Waste Management Act," so as to change certain definitions.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot
Bargeron Barnett,B Y Barnett,M
Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux
Y Bostick Branch
Y Breedlove
Y Brooks Y Brown
Y Brush YBuck Y Buckner
YByrd Y Campbell Y Canty Y Carrell Y Carter Y Chafin Y Chambless
Cheeks Y Childers Y Clark.E Y Clark.H

Y Clark,L Y Coker
Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B Y Cummings.M
Davis.G Y Davis.M
Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn
Y Edwards Y Elliott
Felton
Y Fennel Y Floyd,J.M Y Floyd.J.W
Flynt Y Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin N Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris,J Y Heard Y Henson

Y Herbert Y Hightower Y Holland Y Holmes Y Howard
Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing E Kingston Y Klein YLadd Y Lane,D
Y Lane.R E Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas
Y Lupton Y Mann Y Martin Y McCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Merritt
Milam Y Mills

Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett
Par ham Y Parrish
Y Patten Y Pelote Y Perry
Pettit Y Pinholster
Pinkston
YPoag Y Porter
Y Poston Y Powell,A
Powell.C
Y Purcell Randall Ray Reaves
Redding Y Ricketson Y Royal
Selman Y Sherrill
Simpson Y Sinkfield
Y Skipper Y Smith.L

On the passage of the Bill, the ayes were 142, nays 1.

Y Smith.P Y Smith.T Y Smith, W Y Smyre YSnow Y Stancil.F Y Stancil.S
Stanley Y Stephens
Streat Y Taylor Y Teper
Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan
Walker.J Walker.L Wall
Ware Y Watson Y Watts
White Wilder Y Williams.B
Williams,J Y Williams.R Y Yeargin
Murphy,Spkr

1626

JOURNAL OF THE HOUSE,

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

Representatives Stanley of the 33rd and Wilder of the 21st stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

By unanimous consent, all general Bills and Resolutions of the House were ordered immediately transmitted to the Senate.

HB 290. By Representatives Lawson of the 9th and Bostick of the 138th:
A bill to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of the superior courts, so as to change the provisions relating to the fees of the clerks of the superior courts, the amount thereof, and the collection thereof.

The following Committee substitute was read:

A BILL
To amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of the superior courts, so as to change the provisions relating to the fees of the clerks of the superior courts, the amount thereof, and the collection thereof; to change the provisions relating to additional filing fees in divorce cases for the Children's Trust Fund; to change the provisions relating to the minimum annual salary schedule; to amend Article 6 of Chapter 12 of Title 9 of the Official Code of Georgia Annotated, known as the "Uniform Enforcement of Foreign Judgments Law," so as to change the provisions relating to fees of clerks of the superior courts; to amend Code Section 19-8-20 of the Official Code of Georgia Annotated, relating to issuance of decrees of adoption, so as to change the provisions relating to fees of clerks of the superior courts; to amend Code Section 19-12-3 of the Official Code of Georgia Annotated, relating to certificates of change of name, so as to change the provisions relating to fees of clerks of the superior courts; to amend Code Section 36-15-9 of the Official Code of Georgia Annotated, relating to collection of additional costs in court cases for a county law library, so as to change the provisions relating to fees of clerks of the superior courts; to amend Article 2 of Chapter 9 of Title 40 of the Official Code of Georgia Annotated, relating to reporting motor vehicle accidents and giving security for damages, so as to change the provisions relating to fees of clerks of the superior courts; to amend Code Section 44-2-210 of the Official Code of Georgia Annotated, relating to fees payable under Article 2 of Chapter 2 of Title 44, known as "The Land Registration Law," so as to change the provisions relating to fees of clerks of the superior courts; to amend Part 13 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to the registration of liens for federal taxes, so as to change the provisions relating to fees of clerks of the superior courts; to amend Code Section 46-5-100 of the Official Code of Georgia Annotated, relating to fees under Part 3 of Article 2 of Chapter 5 of Title 46, known as the "Rural Telephone Cooperative Act," so as to change the provisions relating to fees of clerks of the superior courts; 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 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of the superior courts, is amended by striking Code Section 15-6-77, relating to fees of clerks of the superior courts, which reads as follows:
"15-6-77. (a) The clerks of the superior courts of this state shall be entitled to charge and collect the fees enumerated in subsections (b) through (f) of this Code section for official duties performed by them, provided that, in all counties in this state

TUESDAY, MARCH 5, 1991

1627

where the clerk of the superior court is on a salary basis, the fees provided for in this Code section shall be paid into the county treasury.
(b) Fees in civil cases: (1) (A) As used in this paragraph, the term 'domestic civil cases' means divorce cases, alimony cases, child support cases, annulment cases, and separate maintenance cases, and any modification of decree in any such cases. (B) Except as provided in Code Section 15-6-77.2, Code Section 15-6-77.3, and Code Section 47-14-51, the total costs for all services rendered by the clerk of superior court in domestic civil cases shall be $40.00, plus $8.00 for each party other than the original plaintiff and defendant. (2) Except as provided in Code Section 15-6-77.2, Code Section 15-6-77.3, Code
Section 47-14-51, and paragraphs (1) and (5) of this subsection, the total costs for all services rendered by the clerk of superior court in civil cases shall be $55.00, plus $8.00 for each party other than the original plaintiff and defendant.
(3) Nothing contained in this subsection shall be construed so as to prohibit the collection of any other costs authorized by law for postjudgment proceedings or for any other services which the clerk or the sheriff shall perform. Nothing contained in this Code section shall be construed to affect in any way the power and authority of the superior courts from taxing costs in accordance with law, but no costs shall be refunded by the clerk unless and until the same have been paid to the clerk by the losing party.
(4) The sums specified in this subsection shall be collected by the clerk at the time of filing of any civil case or proceeding. Such sum shall not be required if the party desiring to file such case or proceeding is unable, because of his indigence, to pay such sum and such party files with the clerk an affidavit to such effect, as provided by law. Nothing contained in this subsection shall be deemed to require such sum of the state, its agencies, or political subdivisions.
(5) In all cases involving condemnations or the validation and confirmation of revenue bonds pursuant to Code Section 36-82-79, the fees shall be:
(A) Filing and docketing actions, complaints, or motions .................................$ 4.00
(B) Copying and issuing process or summons..................................................... 4.00
(C) Each copy after first copy................................................................................ 2.00
(D) Entering verdict or judgment on dockets..................................................... 2.00
(E) Filing all subsequent pleadings and instruments......................................... 1.00
(F) Validation and confirmation of revenue bonds pursuant to Code Section 36-82-79, first 500 bonds, each..................................................... 1.00
All bonds over 500, each........................................................................................ .50
(G) Recording on final record, per page............................................................... 1.50
(c) Fees for filing and recording documents, instruments, etc., pertaining to property: (1) Recording and returning to sender all instruments pertaining to real estate, and deeds of trust or amendments thereto, in accordance with Code Section 53-12-52, first page ..........................................................$ 4.50
Each page, after the first........................................................................................... 2.00
(2) Recording cancellations of deeds, mortgages, and writs of fieri facias, each..................................................................................................................... 3.50
(3) Recording maps or plats....................................................................................... 5.00
The fee charged for recording maps and plats shall include the fee required by Code Section 47-14-51.

1628

JOURNAL OF THE HOUSE,

(4) Filing and indexing financing statements, or any amendment thereto, and for stamping a copy furnished by the secured party to show the date and place of filing for an original or a continuation statement, as provided in Code Section 11-9-403, first page.............................. 5.00
Each page, after the first....................................................................................... 1.00
No fee shall be charged for filing a termination of a financing statement, as provided in Code Section 11-9-404, when the original financing statement was filed subsequent to July 1, 1981. No fee shall be charged for filing an assignment that is indicated on the original financing statement, as provided in Code Section 11-9-405.
(5) Filing and indexing release of collateral, as provided in Code Section 11-9-406, filing and indexing an assignment of security interest, as provided in Code Section 11-9-405(2), and filing of succeeding continuation statement, as provided in Code Section 11-9-403(3), first page...................................................................................................................... 5.00
Each page, after the first........................................................................................... 1.00
(6) Providing copy of any document filed under Article 9 of Title 11, per page...................................................................................................................... 1.00
(7) Entering cross-reference in real property index, per entry............................. 1.00
(8) Filing affidavit to extend lien as required in Code Section 44-14-142, relating to the extension of a lien on personal property liens.................... 2.00
(d) Miscellaneous fees: (1) Recording any instrument or writing, fee not otherwise specified, first page ............................................................................................................$ 4.50
Each page, after the first........................................................................................... 2.00
(2) Certification or exemplification of record, per page........................................ .50
(3) Clerk's certificate................................................................................................... 1.00
(4) Court's seal............................................................................................................. 1.00
(5) Issuing certificates of appointment and reappointment to notaries public, as provided by Code Section 45-17-4................................................. 8.00
(6) Registering and filing trade names pursuant to Code Section 10-1-490.............................................................................................................. 5.00
(7) The clerk shall not charge a fee for recording discharge certificates of veterans, as provided in Code Section 15-6-78.
(8) Filing and indexing each notice of lien or certificate or notice affecting the tax lien, in accordance with Code Section 44-14-574:
(A) Tax lien on real or personal property............................................................ 2.00
(B) Certificate of discharge or subordination...................................................... 2.00
(C) All other notices, including a certificate of release or nonattachment............................................................................................... 2.00
(9) Reserved.
(10) Issuing certificate of pending or unsatisfied judgment, as provided in Code Section 40-9-40......................................................................................... 1.00

TUESDAY, MARCH 5, 1991

1629

(11) No fee shall be charged for the issuance of license to practice law.
(12) Filing incorporation proceedings except for corporations for which filing procedures are governed by Chapter 2 of Title 14:
(A) Articles of incorporation.................................................................................. 20.00
(B) Articles of amendment..................................................................................... 20.00
(C) Restated articles................................................................................................ 20.00
(D) Merger................................................................................................................ 20.00
(E) Dissolution......................................................................................................... 20.00
(F) Involuntary dissolution.....................................................................................no fee
(G) Consolidation and merger................................................................................ 20.00
(H) Certificate of election to dissolve................................................................... 20.00
(I) Order approving change of principal office....................................................no fee
(J) Articles of incorporation as required by Code Section 46-5-100................ 20.00
(13) Filing lien on offspring of livestock in accordance with Code Section 44-14-511............................................................................................................. .25
(14) Filing hospital lien, each page............................................................................. 2.00
(15) Filing lis pendens, each page............................................................................... 2.00
(16) Filing petition alleging one or more acts of family violence pursuant to Article 1 of Chapter 13 of Title 19 ..............................................................16.00
(17) Filing a foreign money judgment pursuant to Article 6 of Chapter 12 of Title 9............................................................................................................. 10.00
(e) Fees in quasi-civil and criminal cases: (1) Issuing writ of fieri facias.....................................................................................$ 3.00
(2) Entering writ of fieri facias or other execution on general execution docket................................................................................................................. 2.00
(3) Issuing subpoena or summons to witness.......................................................... 1.00
(4) Furnishing and certifying any process, order, etc., for publication............... 2.00
(5) Providing uncertified photocopies of documents in clerk's office, per page.................................................................................................................... .25
(6) Preparation of record and transcript to the Supreme Court and Court of Appeals, per page.............................................................................. 1.50
Where a transcript of the evidence and proceedings is filed with the clerk and does not require recopying, the clerk shall not receive the fee herein prescribed with respect to such transcript, but shall receive, for filing and transmission of such transcript, a fee of.................... 5.00
(7) Entering remittitur from Supreme Court or Court of Appeals...................... 1.00
(8) Issuing jury script or check, each........................................................................ .30
(9) For each day of service in attendance upon the courts................................... 50.00
The per diem attendance upon the courts shall be paid from the treasury of the respective counties of this state only to clerks who are on a fee system of compensation.

1630

JOURNAL OF THE HOUSE,

(10) For performing the duties required of them by Article 2 of Chapter 2 of Title 44, the clerks shall receive the same fees as in other civil cases.
(11) For performing the duties required of them by Article 1 of Chapter 9A of Title 14, the 'Uniform Limited Partnership Act,' the clerks shall receive the same fees as in other civil cases.
(f) Fees in criminal cases: (1) Entering and docketing bills of indictment, presentments, no-bills, accusations, indictments, and accusation record .........................................$ 3.00
(2) Service in cases where the defendant is tried, pleads guilty, or there is a settlement.................................................................................................... 10.00
(3) Service in entering and docketing bills of indictment or presentments on minutes in cases of nolle prosequi............................................................ 5.00
(4) Issuing and mailing first notice of arraignment pursuant to Code Section 17-7-91.......................................................................................................... 1.00
(5) Affidavit of custodian, filing, and transmittal pursuant to Code Section 17-10-12....................................................................................................... 1.00
(6) Preparation and transmission of defendant's personal history and related documents, as provided in Code Section 42-5-50........................... 5.00
(7) Preparation and transmission of documents to superior court sentence review panel in accordance with Code Section 17-10-6, first copy, per page ................................................................................................... 1.50
Subsequent copies, per page..................................................................................... .50
(8) Preparation and furnishing copy of the record of appeal in criminal cases where accused was convicted of capital felony, in accordance with Code Section 5-6-43, per page................................................................ 1.50
Clerk's certificate........................................................................................................ 1.00
The clerk shall not receive compensation for the transcript of evidence and proceedings.
(g) All laws in force in this state which provide compensation for clerks of the superior courts for the discharge of duties not enumerated in this Code section nor in conflict with this Code section shall remain in full force and effect.", and inserting in lieu thereof a new Code Section 15-6-77 to read as follows:
"15-6-77. (a) The clerks of the superior courts of this state shall be entitled to charge and collect the sums enumerated in this Code section.
(b) All sums as provided for in this Code section shall be inclusive of the sums that the clerks of the superior courts may be required to collect pursuant to Code Section 36-15-9 and Code Section 15-6-77.4. The sums provided in this Code section are exclusive of costs for service of process or other additional sums as may be provided by law.
(c) In all counties in this state where the clerk of the superior court is on a salary basis, the costs provided for in this Code section shall be paid into the county treasury less and except such sums as are collected pursuant to Code Section 36-15-9 and Code Section 15-6-77.4, which sums shall be remitted to such authorities as provided by law. Fees, sums, or other remuneration for the performance of duties provided for under the laws of the United States or regulations promulgated pursuant to such laws shall be as provided in such laws or regulations as personal compensation to the clerk of the superior court for the performance of such duties.
(d) Except for the filing of civil cases in which the filing party is indigent as provided in subsection (e) of this Code section, all sums specified in this Code section shall be paid to the clerk at the time of filing or other service.

TUESDAY, MARCH 5, 1991

1631

(e) Costs in civil cases: (1) As used in this subsection, the term 'civil cases' shall include all actions, cases,
proceedings, motions, or filings civil in nature, including but not limited to actions for divorce, domestic relations actions, modifications on closed civil cases, adoptions, condemnation actions, and actions for the validation and confirmation of revenue bonds. Any postjudgment proceeding filed more than 30 days after judgment or dismissal in an action shall be considered as a new case for the purposes of this Code section.
(2) Except as provided in paragraph (3) of this subsection, the total sum for all services rendered by the clerk of the superior court through entry of judgment in civil cases shall be $58.00. Such sum shall not be required if the party desiring to file such case or proceeding is unable, because of his indigence, to pay such sum and such party files with the clerk an affidavit to such effect, as provided by law. Nothing contained in this subsection shall be deemed to require advance payment of such sum by the state, its agencies, or political subdivisions.
(3) In all cases involving condemnations or the validation and confirmation of revenue bonds, the following additional sums shall be charged at the conclusion of the action:
(A) Validation and confirmation of revenue bonds pursuant to Code Section 36-82-79, first 500 bonds, each ....................................................$ 1.00
All bonds over 500, each........................................................................................ .50
(B) Recording on final record, per page............................................................. 1.50
(4) Nothing contained in this Code section shall be construed so as to prohibit the collection of any other costs authorized by law for postjudgment proceedings or for any other services which the clerk or the sheriff shall perform. Nothing contained in this Code section shall be construed to affect in any way the power and authority of the superior courts from taxing costs in accordance with law, but no costs shall be refunded by the clerk unless and until the same have been paid to the clerk by the losing party. (f) Sums for filing documents, instruments, etc., pertaining to real estate or personal property, such sums to include recording and returning where applicable:
(1) (A) Filing all instruments pertaining to real estate and personal property except as otherwise specified in this Code section, including but not limited to the filing of deeds, deeds of trust, affidavits, releases, notices, certificates, liens on real estate and personal property, tax liens, hospital liens, writs of fieri facias, notices of Us pendens, written information of utilities, and cancellation of deeds, liens, and writs of fieri facias, first page....................................................................................................$ 4.50
Each page, after the first....................................................................................... 2.00
(B) Filing financing statements, amendments to financing statements, continuation statements, release of collateral, first page........................ 5.00
Each page, after the first....................................................................................... 2.00
(2) Filing maps or plats, each page........................................................................... 7.50
(3) Entering cross-reference in real and personal property indices, per instrument......................................................................................................... 1.00
(4) For processing an assignment of a security deed, for each deed assigned............................................................................................................... 4.50
(g) Miscellaneous fees:
(1) Recording any instrument or writing, fee not otherwise specified, first page ..........................................................................................................$ 5.00

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Each page, after the first........................................................................................ 2.00
(2) Uncertified copies of documents, per page...................................................... .25
(3) Uncertified copies of documents, drawings, or plats, copy larger than 8.5 x 14 inches............................................................................................... 2.00
(4) Certification or exemplification of record, including certificates and seals, first page................................................................................................ 2.50
Each page, after the first........................................................................................ .50
(5) Clerk's certificate................................................................................................. 1.00
(6) Court's seal........................................................................................................... 1.00
(7) The clerk may provide computer generated printouts of public records subject to disclosure maintained on computer by the clerk, for each page of printed data or its equivalent......................................... 2.50
Nothing in this paragraph shall be construed to require any clerk to provide computer generated reports nor shall any clerk be required to prepare custom or individualized computer compilations or reports for any person or entity which would require preparation of a computer program which is not a standard existing computer program in use by the clerk. The clerk shall not be required to permit access to, or to provide copies of, copyrighted computer programs or any other computer programs in violation of any software license agreement or containing confidential records otherwise excluded or exempted by this Code section or any other applicable law.
(8) Issuing certificate of pending or unsatisfied judgment, as provided in Code Section 40-9-40....................................................................................... 3.00
(9) Issuing certificate of appointment and reappointment to notaries public, as provided by Code Section 45-17-4............................................... 13.00
(10) Registering and filing trade names pursuant to Code Section 10-1-490............................................................................................................ 8.00
(11) Issuing subpoena, signed and sealed, notwithstanding subsection (e) of this Code section, each............................................................................... 1.00
(12) Preparation of record and transcript to the Supreme Court and Court of Appeals, per page............................................................................ 1.50
Where a transcript of the evidence and proceedings is filed with the clerk and does not require recopying, the clerk shall not receive the fee herein prescribed with respect to such transcript but shall receive, for filing and transmission of such transcript, a fee of.................. 5.00
(13) Issuing jury scrip or check, each....................................................................... .30
(14) For each day of service in attendance upon the courts................................ 50.00
The per diem attendance upon the courts shall be paid from the treasury of the respective counties of this state only to clerks who are on a fee system of compensation.
(15) For performing the duties required of them by Article 2 of Chapter 2 of Title 44, the clerks shall receive the same sums as in civil cases.

TUESDAY, MARCH 5, 1991

1633

(16) For performing the duties required of them by Article 1 of Chapter 9A of Title 14, the 'Uniform Limited Partnership Act," and for filing statements of partnership pursuant to Code Section 14-8-10.1, the clerks shall receive the sums as in civil cases.
(17) Filing incorporation proceedings except for corporation for which filing procedures are governed by Chapter 2 of Title 14:
(A) Articles of incorporation................................................................................ 20.00
(B) Articles of amendment................................................................................... 20.00
(C) Restated articles.............................................................................................. 20.00
(D) Merger.............................................................................................................. 20.00
(E) Dissolution....................................................................................................... 20.00
(F) Involuntary dissolution.....................................................................................no fee
(G) Consolidation and merger.............................................................................. 20.00
(H) Certificate of election to dissolve................................................................. 20.00
(I) Order approving change of principal office....................................................no fee
(J) Articles of incorporation as required by Code Section 46-5-100.............. 20.00
(h) Fees in criminal cases:
(1) Entering and docketing bills of indictment, presentments, no-bills, accusations.........................................................................................................$ 3.00
(2) Issuing and mailing first notice of arraignment pursuant to Code Section 17-7-91......................................................................................................... 1.00
(3) Affidavit of custodian, filing and transmittal pursuant to Code Section 17-10-12...................................................................................................... 1.00
(4) Preparation and transmission of defendant's personal history and related documents, as provided in Code Section 42-5-50........................... 5.00
(5) Preparation and transmission of documents to superior court sentence review panel in accordance with Code Section 17-10-6, first copy, per page.................................................................................................... 1.50
Subsequent copies, per page..................................................................................... .50
(6) Preparation and furnishing copy of the record of appeal in criminal cases where accused was convicted of capital felony, in accordance with Code Section 5-6-43, per page................................................................ 1.50
Clerk's certificate........................................................................................................ 1.00
The clerk shall not receive compensation for the transcript of evidence and proceedings.
(7) When costs are assessed by the court the minimum amount assessed as court costs in the disposition of any criminal case in the superior court shall be $100.00. Any surcharge provided for by law shall be in addition to such sum.
(i) No fees shall be charged for the following: (1) Filing a termination of a financing statement as provided in Code Section
11-9-404;

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(2) Filing an assignment that is indicated on the original financing statement, as provided in Code Section 11-9-405;
(3) Recording discharge certificates of veterans, as provided in Code Section 15-6-78;
(4) Recording and certifying documents in connection with admission to practice law. (j) All laws in force in this state which provide compensation for clerks of the superior courts for the discharge of duties not enumerated in this Code section nor in conflict with this Code section shall remain in full force and effect. (k) No fees, assessments, or other charges may be assessed or collected except as authorized in this Code section or some other general law expressly providing for same."
Section 2. Said article is further amended by striking Code Section 15-6-77.4, relating to additional filing fees in divorce cases for the Children's Trust Fund, and inserting in lieu thereof a new Code Section 15-6-77.4 to read as follows:
"15-6-77.4. (a) In addition to any fees required in Code Sections 15-6-77, 15-6-77.2, 15-6-77.3, and 47-14-51, for filing each divorce case, the clerk of superior court shall charge an additional fee of $5.00. Each clerk of the superior court shall collect the additional fees for divorce cases as provided in this Code section and shall pay such moneys over to the commissioner of revenue by the last day of the month there following, to be deposited by him into the general treasury. The commissioner of revenue shall, on a quarterly basis, make a report and accounting of all funds collected pursuant to this Code section and shall submit such report and accounting to the Office of Planning and Budget and the Legislative Budget Office no later than 30 days after the last day of the preceding quarter.
(b) When any such person whose duty it is to collect and pay over such moneys fails to remit the sums within 60 days of the date they are required to be paid over, the same shall be delinquent and there may be imposed, in addition to the principal amount due, a specific penalty in the amount of 5 percent of said principal amount per month for each month during which the money is continued to be delinquent, not to exceed a total of 25 percent of the principal amount.
(c) The sums provided for in this Code section shall be collected in accordance with the provision of subsection (b) of Code Section 15-6-77."
Section 3. Said article is further amended by adding a new subsection (c) to Code Section 15-6-88, relating to the minimum annual salary schedule, to read as follows:
"(c) Notwithstanding any other provisions of this Code section, a clerk of a superior court who additionally serves as a clerk of his or her respective state court shall be entitled to an additional sum of $400.00 per month in compensation."
Section 4. Article 6 of Chapter 12 of Title 9 of the Official Code of Georgia Annotated, known as the "Uniform Enforcement of Foreign Judgments Law," is amended by striking Code Section 9-12-135, relating to fees, which reads as follows:
"9-12-135. A person filing a foreign judgment shall pay to the clerk of the court the amount specified therefor in Code Section 15-6-77. Fees for other enforcement proceedings shall be as otherwise provided by law for judgments of the courts of this state.", and inserting in lieu thereof a new Code Section 9-12-135 to read as follows:
"9-12-135. A person filing a foreign judgment shall pay to the clerk of court the same sums as in civil cases in superior court as provided in Code Section 15-6-77. Fees for other enforcement proceedings shall be as otherwise provided by law."
Section 5. Code Section 19-8-20 of the Official Code of Georgia Annotated, relating to issuance of decrees of adoption, is amended by striking subsection (b) of said Code section and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) At any time after the entry of the decree of adoption, upon the request of any adopting parent, the clerk of the court granting the decree shall issue to that adopting parent a certificate of adoption, under the seal of the court, upon payment to the clerk of the fee prescribed in paragraph (4) of subsection (g) of Code Sections 16-6-77 ad

TUESDAY, MARCH 5, 1991

1635

16-6 77.1 Code Section 15-6-77, which adoption certificate shall be received as evidence in any court or proceeding as primary evidence of the facts contained in the certificate."
Section 6. Code Section 19-12-3 of the Official Code of Georgia Annotated, relating to certificates of change of name, is amended by striking subsection (a) of said Code section and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) At any time after the entry of the final order of change of name, upon the request of the petitioner requesting the change of name, the clerk of the court granting the same shall issue to the petitioner a certificate of change of name, under the seal of the court, upon payment to the clerk of a fee ef 60* the fee provided in paragraph (4) of subsection (g) of Code Section 15-6-77. The certificate shall be received as evidence of the facts contained in the certificate."
Section 7. Code Section 36-15-9 of the Official Code of Georgia Annotated, relating to collection of additional costs in court cases for a county law library, is amended by adding at the end thereof a new subsection (f) to read as follows:
"(f) The sums provided for in subsection (a) of this Code section for actions, cases, or proceedings civil in nature which are filed in the superior courts shall be collected in accordance with the provisions of subsection (b) of Code Section 15-6-77."
Section 8. Article 2 of Chapter 9 of Title 40 of the Official Code of Georgia Annotated, relating to reporting motor vehicle accidents and giving security for damages, is amended by striking Code Section 40-9-40, relating to a check of court records for pending actions or unsatisfied judgments and certificates of clerks, and inserting in lieu thereof a new Code Section 40-9-40 to read as follows:
"40-9-40. At the end of the expiration of one year from the date of the accident or one year from the date of the suspension under this chapter, the clerk, or the judge if there is no clerk, of any court of this state having jurisdiction over civil cases shall, upon request of an operator or owner or an authorized representative of either, check the records of such court and furnish such operator or owner or authorized representative with a certificate showing whether or not there is an action at law pending or an unsatisfied judgment on file against such operator or owner arising out of the accident which necessitated the depositing of security or on which the suspension was based. 'Fhe eest of sucii ccFt11 icflt"C 9niii o& )p JL.uu 8.HQ sfiflii fee pfliu oy trie pflfty rGcjucstin.^ tnc ccrtiti cate. The fee for providing such certificate shall be as provided in Code Section 15-6-77 and shall be paid by the party requesting the certificate."
Section 9. Code Section 44-2-210 of the Official Code of Georgia Annotated, relating to fees payable under Article 2 of Chapter 2 of Title 44, known as "The Land Registration Law," is amended by striking subsection (d) of said Code section, which reads as follows:
"(d) With each application for initial registration, the applicant shall deposit with the clerk the sum of $20.00 as a deposit to guarantee costs and may, from time to time, be required by the court to make additional deposits. The clerk shall not be required to enter any notation, entry, or registration upon the register of title or the owner's certificate unless the fees prescribed therefor are paid to him.", and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) Upon filing each application for initial registration, the applicant shall pay to the clerk the fee for civil cases as provided in Code Section 15-6-77."
Section 10. Part 13 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to the registration of liens for federal taxes, is amended by striking Code Section 44-14-574, relating to fees for filing and indexing such liens, which reads as follows:
"44-14-574. (a) The fee for filing and indexing each notice of a lien or certificate or notice affecting the tax lien shall be as required by paragraph (8) of subsection (d) of Code Section 15-6-77.
(b) The officer shall bill the district directors of internal revenue on a monthly basis for fees for documents filed by them.",

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and inserting in lieu thereof a new Code Section 44-14-574 to read as follows: "44-14-574. The fee for filing and indexing each notice of a lien or certificate or
notice affecting a tax Hen shall be as provided in subsection (f) of Code Section 15-6-77."
Section 11. Code Section 46-5-100 of the Official Code of Georgia Annotated, relating to fees under Part 3 of Article 2 of Chapter 5 of Title 46, known as the "Rural Telephone Cooperative Act," is amended by striking subsection (a) of said Code section, which reads as follows:
"(a) Each cooperative shall be charged by the clerk of superior court the fees specified in paragraph (12) of subsection (d) of Code Section 15-6-77 for the filing of incorporation proceedings.", and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Each cooperative shall be charged by the clerk of the superior court the fee as provided in subsection (g) of Code Section 15-6-77 for the filing of incorporation proceedings."
Section 12. This Act shall become effective on July 1, 1991.
Section 13. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Lawson of the 9th moves to amend the Committee substitute to HB 290 by striking line 30 of page 15 and inserting in lieu thereof the following:
"for same.
(1) The clerk of superior court may provide such additional services for which there is no fee specified by statute in connection with the operation of the clerk's offices as may be requested by the public and agreed to by the clerk. Any charges for such additional services shall be as agreed to between the clerk and the party making the request. Nothing in this subsection shall be construed to require any clerk to provide any such service not otherwise required by law.'"

The Committee substitute, as amended, was adopted.

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, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Atkins
Baker Balkcom YBarfoot Y Bargeron
Barnett,B Y Barnett,M Y Bates Y Beatty Y Benefield
Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove

Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell
Y Carter Y Chafin Y Chambless Y Cheeks Y Childers
Y Clark.E Y Clark.H Y Clark.L Y Coker Y Coleman
Colwell

Y Connell Y Culbreth Y Cummings.B Y Cummings.M
Davis.G Y Davis.M
Dixon.H Y Dixon.S Y Dobbs
Y Dover Dunn
Y Edwards Y Elliott Y Felton
Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden

Y Goodwin Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B
Y Harris,J Y Heard Y Henson Y Herbert Y Hightower
Y Holland Holmes
Y Howard Hudson
Y Irwin Y Jackson

Y Jamieson Y Jenkins
Jones Y Kilgore Y King E Kingston Y Klein Y Ladd Y Lane,D
Y Lane.R E Langford Y Lawrence Y Lawson Y Lee
Y Long Y Lord Y Lucas Y Lupton Y Mann Y Martin

TUESDAY, MARCH 5, 1991

1637

Y McCoy Y McKelvey
McKinney.B
McKinney.C Y Meadows Y Merritt
Milam Y Mills Y Mobley
Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C
Oliver.M YOrr

Orrock
Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter
Poston Y Powell,A Y Powell.C Y Purcell

Randall Ray Y Reaves
Redding Y Ricketson
Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield
Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith,W YSmyre

Snow
Y Stancil.F Y Stancil.S Y Stanley Y Stephens
Streat Y Taylor
Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend
Turnquest

Twiggs Y Valenti Y Vaughan
Walker.J Walker,L Y Wall Ware Y Watson Y Watts
White Wilder Y Williams.B Y Williams.J Y Williams.R Y Yeargin Murphy.Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 145, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Wilder of the 21st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 933. By Representatives Murphy of the 18th and Groover of the 99th:
A bill to amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration, so as to repeal Article 5 thereof, relating to random drug testing of employees in high-risk jobs; to repeal Article 6 thereof, relating to drug testing for state employment; to provide for drug testing of safety sensitive and critical personnel.

The following amendment was read and adopted:

Representative Groover of the 99th moves to amend HB 933 by adding after the word "employment" on line 6 of page 12 the following:
"in a safety sensitive or critical position".
By striking the word "reasonable" on line 30 of page 12 and inserting in its place the word "probable".

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, as amended, the roll call was ordered and the vote was as follows:

Abernathy Y Adams Y Aiken
Alford
Y Atkins Y Baker
Balkcom Barfoot Y Bargeron Y Barnett,B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch

Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner
Byrd Y Campbell Y Canty Y Carrell Y Carter
Y Chafin Y Chambless

Y Cheeks Y Childers
Y Clark.E Y Clark.H
Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth
Cummings,B Y Cummings.M
Davis.G Y Davis.M
Dixon,H Y Dkon.S

Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin

Y Groover Y Hamilton Y Hammond Y Manner
Y Harris.B Y Harris.J Y Heard Y Henson Y Herbert Y Hightower Y Holland
Holmes Howard Hudson Y Irwin Y Jackson

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JOURNAL OF THE HOUSE,

Y Jamieson Jenkins
Y Jones Y Kilgore YKing E Kingston Y Klein
YLadd Y Lane.D
Y Lane.R E Langford Y Lawrence Y Lawson YLee YLong
Lord Y Lucas
Lupton YMann Y Martin

Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt
Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C
Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish

Y Patten N Pelote Y Perry
Y Pettit Y Pinholster
Pinks ton YPoag Y Porter
Poston Powell.A
Y Powell.C Y Purcell Y Randall
YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill

Y Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith,P Y Smith.T Y Smith.W Y Smyre YSnow Y Stancil.F
Y Stancil,S Y Stanley Y Stephens
Y Streat Y Taylor
Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond

Y Titus Y Tolbert
Townsend Turnquest Y Twiggs Valenti Y Vaughan Walker,J Y Walker,L Y Wall Ware Y Watson
Y Watts Y White
Wilder
Y Williams.B Y Williams,J Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, as amended, the ayes were 145, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representatives Barfoot of the 120th, Holmes of the 28th and Wilder of the 21st stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 1. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st:
A bill to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxation, so as to repeal and delete the exemption from taxation of certain food for off-premises human consumption.

The following Committee substitute was read and adopted:

A BILL
To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for matters relating to tax relief; to provide for a tax credit for certain persons whose adjusted gross income does not exceed $19,999.00; to provide for legislative findings and determinations; to provide for a definition; to provide for a tax credit schedule; to provide for procedures with respect to claiming such credit; to provide for certain limitations and exclusions; to repeal and delete the exemption from taxation of certain food for off-premises human consumption; to provide for related matters; to provide effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by adding a. new chapter immediately following Chapter 7, to be designated Chapter 7A, to read as follows:
"CHAPTER 7A
48-7A-1. The General Assembly finds and determines that all residents of this state make contributions to the general fund of this state through their payment of the several state taxes, including, but not limited to, taxes on food and other items of necessity. The General Assembly further finds and declares that, because of the overall tax burden

TUESDAY, MARCH 5, 1991

1639

and particularly the tax burden on food and other items of necessity, it is both appropri-

ate and advisable to afford tax relief to the low-income residents and the working poor.

It is not practical, however, to provide tax relief targeted to these groups through the

implementation of a specific measure of relief addressed to each of the several state

taxes, and therefore it is necessary and proper to utilize the income tax procedures of

this state as the mechanism for providing tax relief to low-income residents and the

working poor with respect to their overall tax burden and particularly the burden of tax-

ation on food and other items of necessity.

48-7A-2. (a) As used in this chapter, the term 'dependent' means:

(1) The taxpayer;

(2) The spouse of the taxpayer; and

(3) A natural or legally adopted child of the taxpayer.

48-7A-3. (a) Except as otherwise provided in subsection (e) of this Code section,

each resident taxpayer who files an individual income tax return for a taxable year and

who is not claimed or is not otherwise eligible to be claimed as a dependent by another

taxpayer for federal or Georgia individual income tax purposes may claim a tax credit

against the resident taxpayer's individual income tax liability for the taxable year for

which the individual income tax return is being filed; provided that:

(1) A husband and wife filing a joint return shall each be deemed a dependent for

purposes of such joint return;

(2) A husband and wife filing separate returns for a taxable year for which a joint

return could have been filed by them shall claim only the tax credit to which they

would have been entitled had a joint return been filed; and

(3) A resident individual who has no income or no income taxable under this chap-

ter and who is not claimed or is not otherwise eligible to be claimed as a dependent

by a taxpayer for federal or Georgia individual income tax purposes may also claim

a tax credit as set forth in this Code section.

(b) Each taxpayer may claim a tax credit in the amount indicated for each

adjusted gross income bracket as shown in the schedule below multiplied by the number

of dependents which the taxpayer is entitled to claim. Each taxpayer 65 years of age or

over may claim double the tax credit.

TAX CREDIT SCHEDULE

Adjusted Gross Income

Tax Credit

Under $6,000.00..................................................................................................................$ 26.00

6,000.00 but not more than 7,999.00............................................................................... 20.00

8,000.00 but not more than 9,999.00............................................................................... 14.00

10,000.00 but not more than 14,999.00............................................................................. 8.00

15,000.00 but not more than 19,999.00............................................................................. 5.00

(c) The tax credit claimed by a resident taxpayer pursuant to this Code section shall

be deductible from the resident taxpayer's individual income tax liability, if any, for the

tax year in which it is properly claimed. In the event the tax credit claimed by a resi-

dent taxpayer exceeds the amount of income tax payment due from the resident tax-

payer, the excess of the credit over payments due shall be refunded to the resident

taxpayer; provided that a tax credit properly claimed by a resident individual who has

no income tax liability shall be paid to the resident individual; and provided further that

no refunds or payment on account of the tax credit allowed by this Code section shall

be made for amounts less than $1.00.

(d) All claims for a tax credit under this Code section, including any amended claims

must be filed on or before the end of the twelfth month following the close of the tax-

able year for which the credit may be claimed. Failure to comply with this subsection

shall constitute a waiver of the right to claim the credit.

(e) Any individual who receives a food stamp allotment for all or any part of a tax-

able year shall not be entitled to claim a credit under this Code section for that taxable

year.

(f) The commissioner shall be authorized by rule and regulation to provide for the

proper administration of this Code section."

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JOURNAL OF THE HOUSE,

Section 2. Said title is further amended in Code Section 48-8-3, relating to tax exemptions, by adding the word "or" at the end of paragraph (52); by replacing the symbol and word "; or" at the end of paragraph (53) with a period; and by striking in its entirety paragraph (54) which reads as follows:
"(54) (A) On and after September 1, 1990, the retail sale for off-premises human consumption, use, or consumption of: fresh, uncooked, and not canned or processed poultry, fish, beef, seafood, and pork (including pork sausage); fresh eggs; milk, cream, ice cream, sherbet, and yogurt; flour, flour mixes, cornmeal, grits, and milled rice; bread, biscuits, rolls, and muffins; fresh, uncooked, and not canned or processed fruits (including citrus fruits and melons); fresh, uncooked, and not canned or processed vegetables; honey; peanuts and pecans; baby food and baby formula; salt and sugar, salt and sugar substitutes, and other sweeteners and syrups. The exemptions provided for in this paragraph shall not apply to retail sales or sales at retail of food transacted at any food service establishments for the preparation and serving of meals, lunches, short orders, sandwiches, frozen desserts, or other edible products, including 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.
(B) The exemptions provided for in subparagraph (A) of this paragraph shall not apply with respect to any local sales tax, local use tax, or local sales and use tax which is first levied or imposed before January 1, 1991, but shall apply with respect to any such tax which is first levied or imposed on or after January 1, 1991. For the purposes of this subparagraph, the taxes affected are any sales tax, use tax, or sales and use tax which is levied and imposed in an area consisting of less than the entire state, however authorized, including, but not limited to, such taxes authorized by or pursuant to constitutional amendment; by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965'; by or pursuant to Article 2 of this chapter; or by or pursuant to Article 3 of this chapter. In addition, for purposes only of a reference to the state tax or this article in the laws imposing such local sales and use taxes, the state sales and use tax levied or imposed by this article shall be deemed not to include the exemptions provided for in subparagraph (A) of this paragraph, notwithstanding any provision to the contrary in the laws imposing such taxes. For the purposes of this
subparagraph, a tax shall be considered to be levied or imposed on or after January 1, 1991, if: (i) the same tax or a similar tax was imposed prior to that date; (ii) the tax imposed prior to that date, under the terms of the law authorizing the tax, expires
on or after January 1, 1991; and (iii) the same or a similar tax is on or after such expiration reimposed on or after January 1, 1991, with or without any intervening
period of time."
Section 3. Said title is further amended by striking Code Section 48-8-82, relating
to imposition and applicability of joint county and municipal sales and use taxes, and inserting in its place a new Code Section 48-8-82 to read as follows:
"48-8-82. When the imposition of a joint county and municipal sales and use tax is authorized according to the procedures provided in this article within a special district,
the county whose geographical boundary is conterminous with that of the special district and each qualified municipality located wholly or partially within the special district
shall levy a joint sales and use tax at the rate of 1 percent. Except as to rate, the joint tax shall correspond to the tax imposed and administered by Article 1 of this chapter.
No item or transaction which is not subject to taxation by Article 1 of this chapter shall be subject to the tax levied pursuant to this article, except that the joint tax provided
in this article shall be applicable to sales of motor fuels as that term is defined by Code Section 48-9-2 and shaH be applicable te the sale ef feed te tfee extent provided fef in paragraph {64} ef Code Section 48-8-3."

TUESDAY, MARCH 5, 1991

1641

Section 4. Said title is further amended by striking Code Section 48-8-110, relating to imposition and applicability of special purpose county sales and use taxes, and inserting a new Code Section 48-8-110 to read as follows:
"48-8-110. The governing authority of any county in this state may, subject to the requirement of referendum approval and the other requirements of this article, impose within the county a special sales and use tax for a limited period of time. Any tax imposed under this article shall be at the rate of 1 percent. Except as to rate, a tax imposed under this article shall correspond to the tax imposed by Article 1 of this chapter. No item or transaction which is not subject to taxation under Article 1 of this chapter shall be subject to a tax imposed under this article, except that a tax imposed under this article shall apply to sales of motor fuels as that term is defined by Code Section 48-9-2 and shall be applicable te the sate ef- feed te the extent provided for i paragraph {64} ef Gede Section 48-8-3."
Section 5. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
(b) Section 1 of this Act shall become effective on January 1, 1992, and shall be applicable to all taxable years beginning on or after that date.
Section 6. All laws and parts of laws in conflict with this Act are repealed.

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, by substitute, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck
Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark.H

Y Clark.L Y Coker
Y Coleman Y Colwell Y Connell
Y Culbreth Y Cummings,B Y Cummings.M
Davis.G Y Davis,M Y Dixon.H Y Dixon,S Y Dobbs Y Dover YDunn
Y Edwards Y Elliott Y Felton Y Fennel
Y Floyd,J.M Y Floyd.J.W YFlynt Y Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Hanner
Y Harris.B Y Harris,J Y Heard Y Henson

Y Herbert Y Hightower
Y Holland Y Holmes Y Howard Y Hudson
Y Irwin Y Jackson
Y Jamieson Y Jenkins Y Jones
Y Kilgore YKing E Kingston Y Klein YLadd Y Lane.D
Y Lane,R E Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas
Lupton
YMann Y Martin
Y McCoy Y McKelvey
Y McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills

Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M
YOrr Y Orrock Y Padgett Y Parham Y Parrish
Y Patten Y Pelote Y Perry
Pettit Y Pinholster
Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell Y Randall
YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith,L

Y Smith.P Y Smith.T Y Smith, W Y Smyre YSnow Y Stancil.F Y Stancil.S
Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N
Y Thurmond Y Titus Y Tolbert
Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker,L Y Wall Y Ware
Y Watson Y Watts Y White
Wilder Y Williams.B Y WilliamsJ
Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 171, nays 0.

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JOURNAL OF THE HOUSE,

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

HB 643. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st:
A bill to amend Article 1 of Chapter 2 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions concerning the Department of Natural Resources, so as to provide for the promulgation of minimum standards and procedures relative to the protection of mountains and river corridors.

The following Committee substitute was read and withdrawn:

A BILL
To amend Article 1 of Chapter 2 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions concerning the Department of Natural Resources, so as to provide for the promulgation of minimum standards and procedures relative to the protection of mountains and river corridors; to define certain terms; to provide for the content of minimum standards for regulated activities within river corridors; to provide for the content of minimum standards for land-disturbing activities within protected mountain areas; to provide for the powers and duties of the Department of Natural Resources with regard to such minimum standards; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 2 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions concerning the Department of Natural Resources, is amended by striking Code Section 12-2-8, relating to the promulgation of minimum standards and procedures for the protection of the natural resources, environment, and vital areas of the state, in its entirety and inserting in its place a new Code Section 12-2-8 to read as follows:
"12-2-8. (a) The local governments of the State of Georgia are of vital importance to the state and its citizens. The state has an essential public interest in promoting, developing, sustaining, and assisting local governments. The natural resources, environment, and vital areas of the state are also of vital importance to the state and its citizens. The state has an essential public interest in establishing minimum standards for land use in order to protect and preserve its natural resources, environment, and vital areas. The purpose of this Code section is to provide for the department to serve these essential public interests of the state. This Code section shall be liberally construed to achieve its purpose. This Code section is enacted pursuant to the authority granted the General Assembly in the Constitution of the State of Georgia, including, but not limited to, the authority provided in Article III, Section VI, Paragraphs I and II(a)(l) and Article IX, Section II, Paragraphs III and IV.
(b) The department is therefore authorized to develop minimum standards and procedures, in accordance with paragraph (2) of subsection (b) of Code Section 50-8-7.1 and in accordance with the procedures provided in Code Section 50-8-7.2 for the promulgation of minimum standards and procedures, for the protection of the natural resources, environment, and vital areas of the state, including, but not limited to, the protection of mountains, the protection of river corridors, the protection of watersheds of streams and reservoirs which are to be used for public water supply, for the protection of the purity of ground water, and for the protection of wetlands, which minimum standards and procedures shall be used by local governments in developing, preparing, and implementing their comprehensive plans as that term is defined in paragraph (3) of subsection (a) of Code Section 50-8-2.
(c) As used in this Code section, the term:

TUESDAY, MARCH 5, 1991

1643

(1) 'Land-disturbing activity' means any grading, scraping, excavating, or filling of land; clearing of vegetation; and any construction, rebuilding, or alteration of a structure. Land-disturbing activity shall not include activities such as ordinary maintenance and landscaping operations, individual home gardens, yard and grounds upkeep, repairs, additions or minor modifications to a single-family residence, and the cutting of firewood for personal use, provided that the wood is not sold or offered for sale.
(2) 'Mountain' or 'protected mountain' means all land area 2,000 feet or more above mean sea level that has a percentage slope of 25 percent or greater for at least 500 feet horizontally and shall include the crests, summits, and ridge tops which lie at elevations higher than any such area.
(3) 'River corridor' means all land not regulated under Code Sections 12-5-440 through 12-5-457 in the areas of a perennial stream or watercourse with a flow of at least five cubic feet per second and being within 100 feet on both sides of the stream as measured from the stream banks or being within the 100 year flood plain, as that term is defined and delineated by the department for its federal emergency management programs.
4e) (d) The minimum standards and procedures for watershed protection referred to in subsection (b) of this Code section shall specifically include, but shall not be lim-
ited to, buffer areas along streams and reservoirs, land development densities, and land use activities. The department may adopt differing minimum standards and procedures
of watershed protection based on the size of the watershed, the size or flow volume of the stream or reservoir, and whether or not the actual use of the municipal water supply is existing or proposed.
{d) (e) The minimum standards and procedures for protection of ground water referred to in subsection (b) of this Code section shall also specifically include, but shall not be limited to, land use activities and development densities for the protection of
ground water. The department may adopt differing minimum standards and procedures for ground-water purity protection based on the relative sizes, depths, and water vol-
umes of various aquifers and based on the relative susceptibility of ground water to contamination by various land use activities and development densities.
{e) (f) The minimum standards and procedures for protection of wetlands referred
to in subsection (b) of this Code section shall include, but shall not be limited to, land use activities, land development densities, and activities which involve alteration of wet-
lands. The department may adopt differing minimum standards and procedures for wetlands protection based on the size or type of wetlands, the need to protect endangered or protected species or other unusual resources, and the need for a particular land use
activity which will affect a wetland. (g) The department shall, by January l^ 1992, promulgate the miminum standards
and procedures for protection of river corridors referred to in subsection (b) of this Code section including, but not limited to, regulated activities within river corridor areas. In promulgating such standards, the department may classify river corridor areas and activ-
ities by type, size, and other factors relevant to the advancement of the policies and purposes of this Code section. Such standards shall include, but are not limited to, the following:
(1) Perennial river corridors shall be protected by the following criteria:
(A) A natural vegitative buffer area shall be maintained for a distance of 100 feet on both sides of the stream as measured from the stream banks;
(B) No impervious surface shall be constructed within a 100 foot set back area on both sides of the stream as measured from the stream banks; provided, however,
that this subparagraph shall not prohibit the construction of boat ramps and seawalls designed to prevent land erosion; and
(C) Septic tanks and septic tank drainfields are prohibited within such set back area; (2) Local governments shall identify existing river corridors and shall adopt river
corridor protection plans as part of their planning process. Local governments may exempt from the planning process:
(A) Land uses existing prior to the promulgation of a river corridor protection plan from the criteria of the river corridor protection plan;

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(B) Mining activities permitted by the Department of Natural Resources ant to Part 3 of Article 2 of Chapter 4 of this title, the ''"Georgia Sui" Act of 1968,' from the criteria of the river corridor protection plan; and"
(C) Utilities from the buffer and set back area criteria of the river corridor protection plan if such utilities cannot feasibly be located qutsi3e~of such areasj pro-
vldedT (i) The utilities shall be located as far from the stream bank as reasonably
possible; (ii) The installation and maintenance of the utilities shall be such as to pro-
tect the integrity of the buffer and get back areas"ajTwell as is reasonably possible: and
(iii) The utilities shall not impair the drinking quality of the stream water: and
(D) Specific forestry and agricultural activities from buffer and set back criteria in gccordancTwith thefollowing conditions:
(i) The activity shall be consistent with the best management practices established byThe Georgia Forestry Commission or the Georgia Soil lind Water ConservaUbnCommisgion; an3
(ii) The activity shall not impair the drinking quality of the stream water as defined by the federeuTTean Water Act of 1977 (P.L. 96-217T; (3) River corridors shall be appropriately identified and mapped in the land use plans developed by local and regional governments. Such land use plans shall "a55resa, at a minimum, the following considerations with regard to river corridors: (A) Whether the impact the land use plan has on an area would adversely affect
the public health, safety, welfare, or the property of others; (B) Whether the area is unique or significant in the conservation and movement
of flora and fauna including threatened, rare, or endangered species; (C) Whether alteration or the effects of alteration to river corridors will
adversely affect the function, including the flow or quality of water, cause erosion
or shoaling, or have an adverse impact on navigation; (D) Whether modification or the effects of modification by a project would
adversely affect fishing or recreational use of river corridors; (E) Whether an alteration or the effects of alteration would be temporary in
nature; (F) Whether the project contains significant state historical and archaeological
resources, defined as 'Properties on or Eligible for the National Register of Historic
Places'; and (G) Whether alteration of river corridors would have a measurably adverse
impact on adjacent sensitive natural areas; (4) (A) Land use plans shall provide the following acceptable uses of river corri-
dors without long-term impairment of functions: (i) Timber production and harvesting;
(ii) Wildlife and fisheries management; (iii) Waste-water treatment;
(iv) Recreation; (v) Natural water quality treatment or purification; (vi) Agriculture production and management; and
(vii) Other uses including those permitted by the Department of Natural Resources or under Section 404 of the Clean Water Act.
(B) The following uses shall not be acceptable: (i) Receiving areas for toxic or hazardous waste or other contaminants; (ii) Hazardous or sanitary waste landfills; and
(iii) Other uses unapproved by local governments; (5) The provisions of this subsection shall apply to each local government which
contains within its boundaries any river corridor. (h) The department shall, by January 1^ 1992, promulgate the minimum standards and procedures for protection of mountains referred to in subsection (b) of this Code
section including, but not limited to, land-disturbing activities within protected moun-
tain areas. Such standards shall include, but are not limited to

TUESDAY, MARCH 5, 1991

1645

(1) The proposed land-disturbing activity must meet all applicable requirements of Chapter 7 of this title, the 'Erosion and Sedimentation Act of 1975,' and of any applicable local ordinances on soil erosion and sedimentation control;
(2) Where one or more septic tanks are to be used for individual sewage disposal, the proposed land-disturbing activity must meet all applicable requirements imposed by the local governing authority;
(3) Where one or more wells are to be used for individual water supply, the proposed land-disturbing activity must meet all applicable requirements of Part 3 of Article 3 of Chapter 5 of this title, the 'Water Well Standards Act of 1985,' the requirements of the rules and regulations of the Department of Human Resources regarding individual or nonpublic wells, and any more stringent requirements imposed by the local governing authority;
(4) If sewage treatment is to be provided by any means other than one or more individual septic tanks, the sewage treatment must meet all applicable requirements of Article 2 of Chapter 5 of this title, the 'Georgia Water Quality Control Act';
(5) If a public water supply system is to be provided, the water supply system must meet all applicable requirements of Part 5 of Article 3 of Chapter 5 of this title, the 'Georgia Safe Drinking Water Act of 1977';
(6) No single-family residences may be constructed at a density of more than one per acre, but no such acre shall be less than 100 feet wide at the building site, except that this density restriction shall not apply to:
(A) Any lot of less than one acre if such lot was as of July I, 1991, owned and described as a discrete parcel of real property according to the instrument of title of the person or persons owning the lot on July 1^ 1991; or such lot was as of July lj 1991, shown as a discrete parcel of real property on a plat of survey properly recorded in the real property records of the clerk of superior court by the person or persons owning the lot on July lj 1991; or
(B) Any land or part of any land which was contained in or subject to any master plan, planned unit development, special approved development plan, or any other development plan if such plan was filed with and approved by the local governing authority prior to July 1^ 1991, pursuant to a duly enacted planning and zoning ordinance; provided, further, that any such planning and zoning ordinance must have provided for rules and procedures and governed lot sizes, density, types of buildings, and other limitations usually associated with the implementation of local zoning ordinances;
(7) No multifamily residences may be constructed at a density of more than four dwelling units per acre, except where there is a public water supply and sewerage system available to this property then the density may be increased to no more than six dwelling units per acre, but no such acre shall be less than 100 feet wide at the building site;
(8) Any application for a building permit to construct a commercial structure shall contain a detailed landscaping plan prepared and approved by a licensed landscape architect as defined in Chapter 23 of Title 43 or by_ a licensed architect or professional engineer as defined in Chapter 4 or Chapter 15 of Title 43. Such landscaping plan shall identify all trees which are to be removed that exceed six inches in diameter as measured at a point on such tree four and one-half feet above the surface of the ground and shall contain a plan for replacement of any such trees that are removed. Such application shall also include a topographical survey of the project site and an assessment of the impact that the project will have on the environment of the protected mountain after it has been completed and is in operation. Nothing in this paragraph shall be construed to require commercial structures to comply with the density provision of paragraphs (6) and (7) of this subsection;
(9) No structure may extend more than 40 feet, as measured from the highest point at which the foundation of such structure intersects the ground, above the uppermost point of the crest, summit, or ridge top of the protected mountain on which the structure is constructed; provided, however, that this height restriction shall not apply to water, radio, or television towers or any equipment for the transmission

1646

JOURNAL OF THE HOUSE,

of electricity or to minor vertical projections of a parent building, including chimneys, flagpoles, flues, spires, steeples, belfries, cupolas, antennas, poles, wires, or windmills; and
(10) No person engaging in land-disturbing activity shall remove more than 50 percent of the existing trees which exceed six inches in diameter as measured at a point on such tree four and one-half feet above the surface of the ground unless such person has filed with the application a plan of reforestation developed by a registered forester; provided, however, that the cutting of firewood for personal use shall not be prohibited, provided that the wood is not sold or offered for sale."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Porter of the 119th, et al., was read:

A BILL
To amend Article 1 of Chapter 2 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions concerning the Department of Natural Resources, so as to provide for the promulgation of minimum standards and procedures relative to the protection of mountains and river corridors; to define certain terms; to provide for the content of minimum standards for regulated activities within river corridors; to provide for the content of minimum standards for land-disturbing activities within protected mountain areas; to provide for the powers and duties of the Department of Natural Resources with regard to such minimum standards; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 2 of Title 12 of the Official Code of Georgia-Annotated, relating to general provisions concerning the Department of Natural Resources, is amended by striking Code Section 12-2-8, relating to the promulgation of minimum standards and procedures for the protection of the natural resources, environment, and vital areas of the state, in its entirety and inserting in its place a new Code Section 12-2-8 to read as follows:
"12-2-8. (a) The local governments of the State of Georgia are of vital importance to the state and its citizens. The state has an essential public interest in promoting, developing, sustaining, and assisting local governments. The natural resources, environment, and vital areas of the state are also of vital importance to the state and its citizens. The state has an essential public interest in establishing minimum standards for land use in order to protect and preserve its natural resources, environment, and vital areas. The purpose of this Code section is to provide for the department to serve these essential public interests of the state. This Code section shall be liberally construed to achieve its purpose. This Code section is enacted pursuant to the authority granted the General Assembly in the Constitution of the State of Georgia, including, but not limited to, the authority provided in Article III, Section VI, Paragraphs I and II(a)(l) and Article IX, Section II, Paragraphs III and IV.
(b) The department is therefore authorized to develop minimum standards and procedures, in accordance with paragraph (2) of subsection (b) of Code Section 50-8-7.1 and in accordance with the procedures provided in Code Section 50-8-7.2 for the promulgation of minimum standards and procedures, for the protection of the natural resources, environment, and vital areas of the state, including, but not limited to, the protection of mountains, the protection of river corridors, the protection of watersheds of streams and reservoirs which are to be used for public water supply, for the protection of the purity of ground water, and for the protection of wetlands, which minimum standards and procedures shall be used by local governments in developing, preparing, and implementing their comprehensive plans as that term is defined in paragraph (3) of subsection (a) of Code Section 50-8-2.
(c) As used in this Code section, the term:

TUESDAY, MARCH 5, 1991

1647

(1) 'Land-disturbing activity' means any grading, scraping, excavating, or filling of

land; clearing of vegetation; and any construction, rebuilding, or alteration of a struc-

ture. Land-disturbing activity shall not include activities such as ordinary mainte-

nance and landscaping operations, individual home gardens, yard and grounds upkeep,

repairs, additions or minor modifications to a single-family residence, and the cutting

of firewood for personal use.

(2) 'Mountain' or 'protected mountain' means all land area 2,200 feet or more

above mean sea level that has a percentage slope of 25 percent or greater for at least

500 feet horizontally and shall include the crests, summits, and ridge tops which lie

at elevations higher than any such area.

(3) 'River corridor' means all land not regulated under Code Sections 12-5-440

through 12-5-457 in the areas of a perennial stream or watercourse with an average

annual flow of at least 400 cubic feet per second as defined by the United States

Geologic Survey and being within 100 feet on both sides of the river as measured from

the river banks.

<e> (d) The minimum standards and procedures for watershed protection referred

to in subsection (b) of this Code section shall specifically include, but shall not be lim-

ited to, buffer areas along streams and reservoirs, land development densities, and land

use activities. The department may adopt differing minimum standards and procedures

of watershed protection based on the size of the watershed, the size or flow volume of

the stream or reservoir, and whether or not the actual use of the municipal water supply

is existing or proposed.

^

of this Code section shall also specifically include, but shall not be limited to, land use activities and development densities for the protection of ground water. The department
may adopt differing minimum standards and procedures for ground-water purity protection based on the relative sizes, depths, and water volumes of various aquifers and based on the relative susceptibility of ground water to contamination by various land use activi-
ties and development densities.

{e} (f) The minimum standards and procedures for protection of wetlands referred to in subsection (b) of this Code section shall include, but shall not be limited to, land use activities, land development densities, and activities which involve alteration of wetlands. The department may adopt differing minimum standards and procedures for wetlands protection based on the size or type of wetlands, the need to protect endangered or protected species or other unusual resources, and the need for a particular land use activity which will affect a wetland.
(g) The department shall, by January 1^ 1992, promulgate the miminum standards and procedures for protection of river corridors referred to in subsection (b) of this Code section including, but not limited to, regulated activities within river corridor areas. In
promulgating such standards, the department may classify river corridor areas and activities by type, size, and other factors relevant to the advancement of the policies and pur-
poses of this Code section. Such standards shall include, but are not limited to, the following:
(1) Perennial river corridors shall be protected by the following criteria: (A) A natural vegetative buffer area shall be maintained for a distance of 100
feet on both sides of the stream as measured from the stream banks; and (B) Septic tanks and septic tank drainfields are prohibited within such set back
area; (2) Local governments shall identify existing river corridors and shall adopt river
corridor protection plans as part of their planning process. Local governments may exempt from the planning process:
(A) Land uses existing prior to the promulgation of a river corridor protection plan from the criteria of the river corridor protection plan;
(B) Mining activities permitted by the Department of Natural Resources pursu-
ant to Part 3 of Article 2 of Chapter 4 of this title, the 'Georgia Surface Mining Act of 1968,' from the criteria of the river corridor protection plan; and

1648

JOURNAL OF THE HOUSE,

(C) Utilities from the buffer and set back area criteria of the river corridor protection plan if such utilities cannot feasibly be located outside of such areas, provided:
(i) The utilities shall be located as far from the stream bank as reasonably possible;
(ii) The installation and maintenance of the utilities shall be such as to protect the integrity of the buffer and set back areas as well as is reasonably possible; and
(iii) The utilities shall not impair the drinking quality of the stream water; and
(D) Specific forestry and agricultural activities from buffer and set back criteria in accordance with the following conditions:
(i) The activity shall be consistent with the best management practices established by the Georgia Forestry Commission or the Georgia Soil and Water Conservation Commission; and
(ii) The activity shall not impair the drinking quality of the stream water as defined by the federal Clean Water Act of 1977 (P.L. 95-217); (3) River corridors shall be appropriately identified and mapped in the land use plans developed by local and regional governments. Such land use plans shall address, at a minimum, the following considerations with regard to river corridors:
(A) Whether the impact the land use plan has on an area would adversely affect the public health, safety, welfare, or the property of others;
(B) Whether the area is unique or significant in the conservation and movement of flora and fauna including threatened, rare, or endangered species;
(C) Whether alteration or the effects of alteration to river corridors will adversely affect the function, including the flow or quality of water, cause erosion or shoaling, or have an adverse impact on navigation;
(D) Whether modification or the effects of modification by a project would adversely affect fishing or recreational use of river corridors:
(E) Whether an alteration or the effects of alteration would be temporary in nature;
(F) Whether the project contains significant state historical and archaeological resources, defined as 'Properties on or Eligible for the National Register of Historic Places'; and
(G) Whether alteration of river corridors would have a measurably adverse impact on adjacent sensitive natural areas;
(4) (A) Land use plans shall provide the following acceptable uses of river corridors without long-term impairment of functions:
(i) Timber production and harvesting; (ii) Wildlife and fisheries management:
(iii) Waste-water treatment; (iv) Recreation;
(v) Natural water quality treatment or purification; (vi) Agriculture production and management: and
(vii) Other uses including those permitted by the Department of Natural Resources or under Section 404 of the Clean Water Act.
(B) The following uses shall not be acceptable: (i) Receiving areas for toxic or hazardous waste or other contaminants;
(ii) Hazardous or sanitary waste landfills; and (iii) Other uses unapproved by local governments;
(5) The provisions of this subsection shall apply to each local government which contains within its boundaries any river corridor.
(h) The department shall, by January l^ 1992, promulgate the minimum standards and procedures for protection of mountains referred to in subsection (b) of this Code section including, but not limited to, land-disturbing activities within protected moun-
tain areas. Such standards shall include, but are not limited to: (1) The proposed land-disturbing activity must meet all applicable requirements of
Chapter 7 of this title, the 'Erosion and Sedimentation Act of 1975,' and of any appli-
cable local ordinances on soil erosion and sedimentation control;

TUESDAY, MARCH 5, 1991

1649

(2) Where one or more septic tanks are to be used for individual sewage disposal, the proposed land-disturbing activity must meet all applicable requirements imposed by the local governing authority;
(3) Where one or more wells are to be used for individual water supply, the proposed land-disturbing activity must meet all applicable requirements of Part 3 of Article 3 of Chapter 5 of this title, the 'Water Well Standards Act of 1985,' the requirements of the rules and regulations of the Department of Human Resources regarding individual or nonpublic wells, and any more stringent requirements imposed by the local governing authority;
(4) If sewage treatment is to be provided by any means other than one or more individual septic tanks, the sewage treatment must meet all applicable requirements of Article 2 of Chapter 5 of this title, the 'Georgia Water Quality Control Act';
(5) If a public water supply system is to be provided, the water supply system must meet all applicable requirements of Part 5 of Article 3 of Chapter 5 of this title, the 'Georgia Safe Drinking Water Act of 1977';
(6) No single-family residences may be constructed at a density of more than one per acre, but no such acre shall be less than 100 feet wide at the building site, except that this density restriction shall not apply to:
(A) Any lot of less than one acre if such lot was as of July j^ 1991, owned and described as a discrete parcel of real property according to the instrument of title of the person or persons owning the lot on July 1^ 1991; or such lot was as of July lj 1991, shown as a discrete parcel of real property on a plat of survey properly recorded in the real property records of the clerk of superior court by the person or persons owning the lot on July 1^ 1991; or
(B) Any land or part of any land which was contained in or subject to any master plan, planned unit development, special approved development plan, or any other development plan if such plan was filed with and approved by the local governing authority prior to July 1 1991, pursuant to a duly enacted planning and zoning ordinance; provided, further, that any such planning and zoning ordinance must have provided for rules and procedures and governed lot sizes, density, types of buildings, and other limitations usually associated with the implementation of local zoning ordinances;
(7) No multifamily residences may be constructed at a density of more than four dwelling units per acre, except where there is a public water supply and sewerage system available to this property then the density may be increased to no more than six dwelling units per acre, but no such acre shall be less than 100 feet wide at the building site;
(8) Any application for a building permit to construct a commercial structure shall contain a detailed landscaping plan. Such landscaping plan shall identify all trees which are to be removed that exceed eight inches in diameter as measured at a point on such tree four and one-half feet above the surface of the ground and shall contain a plan for replacement of any such trees that are removed. Such application shall also include a topographical survey of the project site and an assessment of the impact that the project will have on the environment of the protected mountain after it has been completed and is in operation. Nothing in this paragraph shall be construed to require commercial structures to comply with the density provision of paragraphs (6) and (7) of this subsection;
(9) No structure may extend more than 40 feet, as measured from the highest point at which the foundation of such structure intersects the ground, above the uppermost point of the crest, summit, or ridge top of the protected mountain on which the structure is constructed; provided, however, that this height restriction shall not apply to water, radio, or television towers or any equipment for the transmission of electricity or to minor vertical projections of a parent building, including chimneys, flagpoles, flues, spires, steeples, belfries, cupolas, antennas, poles, wires, or windmills; and
(10) No person engaging in land-disturbing activity shall remove more than 50 percent of the existing trees which exceed eight inches in diameter as measured at a point

1650

JOURNAL OF THE HOUSE,

on such tree four and one-half feet above the surface of the ground unless such person has filed with the application a plan of reforestation developed by a registered forester."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and adopted:

Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st move to amend the Floor substitute to HB 643 by inserting following line 33 on page 3 the following:
"{d} (e) The minimum standards and procedures for protection of ground water referred to in subsection (b)".

Representative Groover of the 99th moves to amend the Floor substitute to HB 643 by adding immediately after the semicolon on line 4 of page 5 the following:
"provided, however, that nothing in such standards shall prohibit or be construed to prohibit the building of a single-family dwelling, including the usual appurtenances thereto, within said area subject to the following conditions: (i) such dwelling must be in compliance with all other local zoning regulations; (ii) a septic tank or tanks serving such dwelling may be located in said area but the drainfield for any such tank or tanks must be outside said area; and (iii) any such dwelling must be located on a tract containing at least two acres of land and there shall be only one such dwelling on each such two acre or larger tract;".
By striking the word "Septic" where it first appears on line 5 of page 5 and inserting in lieu thereof the following:
"Except as expressly provided otherwise in subparagraph (A) of this paragraph, septic".

The Floor substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, by substitute, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford
Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron
Barnett.B Y Barnett,M Y Bates Y Beatty Y Benefieid Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush

YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter YChafin Y Chambless Y Cheeks Y Childers Y Clark,E
Y Clark,H Clark.L
Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B
Cummings.M Y Davis.G Y Davis.M

Y Diion.H Y Dim,S
Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
YFlynt Y Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin
Y Groover Y Hamilton Y Hammond Y Manner Y Harris,B

Y Harris,J Y Heard Y Henson Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Ylrwin
Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing E Kingston Y Klein YLadd Y Lane.D Y Lane.R E Langford Y Lawrence

Y Lawson YLee YLong YLord Y Lucas Y Lupton YMann Y Martin Y McCoy
Y McKelvey Y McKinney,B
McKinney.C Y Meadows Y Merritt Y Milam
Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M

TUESDAY, MARCH 5, 1991

1651

Y Orr YOrrock Y Padgett YParham Y Parrish Y Patten Y Pelote Y Perry
Pettit Y Pinholster
Pinkston YPoag Y Porter

Y Poston Powell,A
Y Powell.C Y Purcell Y Randall Y Ray Y Reaves Y Redding Y Ricketson Y Royal Y Selman YSherrill
Simpson

Y Sinkfield Y Skipper Y Smith.L Y Smith.P
Smith.T Y Smith,W Y Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Stephens Y Streat

Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N
Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan

Y Walker,J Y Walker.L Y Wall Y Ware Y Watson Y Watts Y White Y Wilder Y Williams.B Y William8,J Y Williams,R Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 167, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

The Speaker announced the House in recess until 1:45 o'clock this afternoon.

1652

JOURNAL OF THE HOUSE,

AFTERNOON SESSION

The Speaker called the House to order.
Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
HB 791. By Representatives Poston of the 2nd, Walker of the 115th, Coleman of the 118th, Holland of the 136th, Teper of the 46th and others:
A bill to amend Code Section 40-6-142 of the Official Code of Georgia Annotated, relating to certain vehicles to stop at all railroad crossings, so as to add any vehicle carrying hazardous or constituents or acidic liquids as cargo to the list of those vehicles required to stop at all railroad crossings before proceeding.
The following Committee substitute was read and adopted:
A BILL
To amend Code Section 40-6-142 of the Official Code of Georgia Annotated, relating to certain vehicles to stop at all railroad crossings, so as to add any vehicle carrying hazardous waste or constituents or hazardous acidic liquids as cargo to the list of those vehicles required to stop at all railroad crossings before proceeding; 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 40-6-142 of the Official Code of Georgia Annotated, relating to certain vehicles to stop at all railroad crossings, is amended by striking subsection (a) of said Code section in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Except as provided in subsection (b) of this Code section, the driver of any motor vehicle carrying passengers for hire or of any school bus2 whether carrying any school child children or empty, or of any vehicle carrying explosive substances^ er flammable liquidSj hazardous waste or constituents, or hazardous acidic liquids as a cargo or part of a cargo, before crossing at grade any track or tracks of a railroad, shall stop such vehicle within 50 feet but not less than 15 feet from the nearest rail of such railroad and while so stopped shall listen and look in both directions along such track for any approaching train and for signals indicating the approach of a train and shall not proceed until he can do so safely. After stopping as required in this Code section and upon proceeding when it is safe to do so, the driver of any such vehicle shall cross only in such gear of the vehicle that there will be no necessity for changing gears while traversing such crossing, and the driver shall not shift gears while crossing the track or tracks."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
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, by substitute, the roll call was ordered and the vote was as follows:

Abernathy Y Adams Y Aiken Y Alford

Y Atkins Y Baker Y Balkcom Y Barfoot

Bargeron Y Barnett.B
Barnett.M Y Bates

Y Beatty Y Benefield Y Birdsong Y Blitch

Y Bordeaux Y Bostick Y Branch Y Breedlove

TUESDAY, MARCH 5, 1991

1653

Brooks Brown Y Brush YBuck Y Buckner Byrd Y Campbell Y Canty Y Carrell Y Carter Y Chafin Chambless Y Cheeks Y Childers Y Clark,E Y Clark.H Y Clark.L Y Coker Y Coleman Colwell Y Connell
Y Culbreth Y Cummings,B
Cummings.M Y Davis.G
Davis.M Dixon,H Y Dixon,S Y Dobbs Dover Y Dunn Edwards

Y Elliott Felton
Y Fennel
Floyd,J.M Y Floyd,J.W YFlynt
YGodbee Y Golden
Goodwin Y Green
Greene Y Griffin
Groover
Y Hamilton Y Hammond Y Banner Y Harris.B Y Harris,J Y Heard Y Henson Y Herbert Y Hightower
Y Holland Y Holmes Y Howard Y Hudson Ylrwin
Jackson Jamieson Jenkins Y Jones Y Kilgore

YKing E Kingston Y Klein YLadd
Lane.D Y Lane,R E Langford Y Lawrence
Lawson YLee YLong
Lord Lucas Lupton YMann Martin Y McCoy Y McKelvey McKinney.B McKinney.C Y Meadows Y Merritt
Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C 01iver,M YOrr

Y Orrock Padgett Par ham
Y Parrish Patten
Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston
YPoag Y Porter YPoston Y Powell,A Y Powell,C Y Purcell YRandall YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill
Simpson Sinkfield
Y Skipper Y Smith,L
Y Smith.P Smith,T
Y Smith,W YSmyre

Snow Y Stancil.P Y Stancil.S
Stanley Stephens Y Streat Y Taylor YTeper
Y Thomas.C Thomas.M Thomas.N Thurmond
Y Titus Y Tolbert
Townsend
Turnquest Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Ware
Watson Y Watts
White Wilder Y Williams.B Williams,J Y Williams.R Yeargin Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 124, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Davis of the 45th, Snow of the 1st and Wilder of the 21st stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 849. By Representatives Redding of the 50th, Orrock of the 30th, Carrell of the 65th, Henson of the 57th, Mueller of the 126th and others:
A bill to amend Article 1 of Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions regarding the practice of dentistry, so as to provide that all signs, cards, announcements, advertisements, or methods used to state that dentistry may be practiced shall not be required to list the full names of each individual practicing dentistry in such place.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

HB 708. By Representatives Balkcom of the 140th, McKelvey of the 15th, Moultrie of the 93rd and Meadows of the 91st:
A bill to amend Code Section 27-2-2 of the Official Code of Georgia Annotated, relating to the issuance and sale of hunting, fishing, and trapping licenses, so as to permit the establishment of a self-insurance fund as to the defalcation of bonded license agents.

1654

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford
Atkins Y Baker Y Balkcom YBarfoot Y Bargeron Y Barnett,B
Barnett.M
Y Bates Y Beatty Y Benefield
Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Brown Y Brush YBuck Y Buckner
YByrd Y Campbell
Y Canty Y Carrell
Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark,E
Y Clark.H

Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings,M Y Davis.G Y Davis,M
Diion,H
Y Dixon.S Y Dobbs
Dover Y Dunn
Edwards Y Elliott
Pelton Fennel
Floyd,J.M Y Floyd,J.W YFlynt
YGodbee Y Golden
Goodwin Y Green Y Greene Y Griffin
Y Groover Y Hamilton Y Hammond Y Hanner Y Harris.B Y Harris,J Y Heard Y Henson

Y Herbert Y Hightower
Holland Y Holmes Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing E Kingston Y Klein YLadd
Lane.D Y Lane,R E Langford
Lawrence Y Lawson YLee YLong YLord Y Lucas
Lupton YMann
Martin Y McCoy Y McKelvey
McKinney,B McKinney.C Y Meadows Y Merritt YMilam Y Mills

Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C
Y Oliver.M YOrr Y Orrock Y Padgett
Parham Y Parrish
Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston
YPoag Y Porter
Y Poston Y Powell,A
Y Powell.C Y Purcell
YRandall YRay
Reaves Y Redding Y Ricketson Y Royal
Selman Y SherriU Y Simpson Y Sinkfield Y Skipper Y Smith,L

Y Smith.P Smith.T
Y Smith.W
Y Smyre YSnow Y Stancil,F Y Stancil.S Y Stanley Y Stephens
Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N
Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall
Ware Y Watson
Watts Y White
Wilder Y Williams,B
Williams,J Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 145, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Wilder of the 21st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 434. By Representatives Aiken of the 21st, Langford of the 7th, Moody of the 153rd, Wilder of the 21st, Clark of the 20th (Post 3) and others:
A bill to amend Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, so as to regulate the installation of certain fire suppression systems; to regulate the inspection, recharging, repairing, servicing, or testing of portable fire extinguishers or fire suppression systems.

The following Committee substitute was read and adopted:

A BILL
To amend Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, so as to regulate the installation of certain fire suppression systems; to regulate the inspection, recharging, repairing, servicing, or testing of portable fire extinguishers or fire suppression systems; to provide for definitions; to provide for violations and for penalties; to provide for the duties and responsibilities of the Safety Fire Commissioner; to provide for licenses and permits, applications therefor, and renewals thereof; to

TUESDAY, MARCH 5, 1991

1655

provide for fees; to provide for rules and regulations; to provide for enforcement; 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. Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, is amended by adding immediately following Chapter 11 a new chapter, to be designated Chapter 12, to read as follows:
"CHAPTER 12
25-12-1. It is unlawful for any firm to engage in the business of installing, inspecting, recharging, repairing, servicing, or testing of portable fire extinguishers or fire suppression systems, as defined by this chapter, in this state except in conformity with the provisions of this chapter. Each firm engaging in any such business must possess a valid and subsisting license issued by the Commissioner.
25-12-2. As used in this chapter, the term: (1) 'Commissioner' means the Safety Fire Commissioner. (2) 'Engineered fire suppression system' means any fire suppression system having
pipe lengths, number of fittings, number and types of nozzles, suppression agent flow rates, and nozzle pressures as determined by calculations derived from the appropriate standards of the National Fire Protection Association, whether those calculations are performed by hand or by a computer program or by other method of calculation. These systems may consist of other components, including, but not limited to, detection devices, alarm devices, and control devices as tested and approved by a nationally recognized testing laboratory and shall be manufacturer listed as compatible with the fire suppression system involved.
(3) 'Fire suppression system' means any fire-fighting system employing a suppression agent with the purpose of controlling, suppressing, or extinguishing a fire in a specific hazard. The suppression agent shall be a currently recognized agent or water additive required to control, suppress, or extinguish a fire. The term fire suppression system shall include engineered and preengineered systems as defined in this chapter and shall not include those systems addressed in Chapter 11 of this title.
(4) 'Firm' means any business, person, partnership, organization, association, corporation, or individual.
(5) 'License' means the document issued by the Commissioner which authorizes a firm to engage in the business of installation, repair, alteration, recharging, inspection, maintenance, service, or testing of fire suppression systems or portable fire extinguishers.
(6) 'Permit' means the document issued by the Commissioner which authorizes an individual to install, inspect, repair, recharge, service, or test fire suppression systems or portable fire extinguishers.
(7) 'Portable fire extinguisher' means a portable device containing an extinguishing agent that can be expelled under pressure for the purpose of suppressing or extinguishing a fire. The device must be listed by a nationally recognized testing laboratory. The device must bear a manufacturer's name and serial number. The listings, approvals, and serial numbers may be stamped on the manufacturer's identification and instruction plate or on a separate plate of the testing laboratory soldered or attached to the extinguisher shell in a permanent manner set forth by the listing or approving organization.
(8) 'Preengineered fire suppression system' means any system having predetermined flow rates, nozzle pressures, and quantities of an extinguishing agent. These systems have the specific pipe size, maximum and minimum pipe lengths, flexible hose specifications, number of fittings, and number and types of nozzles prescribed by a nationally recognized testing laboratory. The hazards protected by these systems are specifically limited as to the type and size by the testing laboratory based upon actual fire tests. Limitations on hazards that can be protected by these systems are contained in the manufacturer's installation manual, which is referenced as part of the listing.

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JOURNAL OF THE HOUSE,

25-12-3. All fire suppression systems required by the Commissioner's rules and regulations or by other state or local fire safety rules or regulations must be installed, inspected, repaired, recharged, serviced, or tested only by a firm licensed under the provisions of this chapter, except as otherwise provided by this chapter.
25-12-4. All portable fire extinguishers required by the Commissioner's rules and regulations or by other state or local fire safety rules or regulations must be installed, inspected, repaired, recharged, serviced, or tested only by a firm licensed under the provisions of this chapter, except as otherwise provided by this chapter.
25-12-5. The provisions of this chapter do not apply to fire chiefs, fire marshals, fire inspectors, or insurance company inspectors with regard to the routine visual inspection of preengineered fire suppression systems or portable fire extinguishers.
25-12-6. (a) The provisions of this chapter do not apply to any firm that engages only in the routine visual inspection of fire suppression systems or portable fire extinguishers owned by the firm and installed on property under the control of said firm.
(b) The fees required by this chapter shall not apply to employees of federal, state, or local governments or to members of legally organized fire departments while acting in their official capacities.
25-12-7. Each firm in the business of installing, altering, inspecting, repairing, recharging, servicing, maintaining, or testing fire suppression systems or in the business
of inspecting, repairing, recharging, servicing, maintaining, or testing portable fire extinguishers is required to obtain a license from the Commissioner. The annual fee for said
license shall be as established by the Commissioner by rule or regulation, but such
license fee shall not exceed $50.00. 25-12-8. Each individual actually performing the installing, inspecting, repairing,
recharging, servicing, or testing activities must possess a valid and subsisting permit
issued by the Commissioner. The annual fee for said permit shall be as established by the Commissioner by rule or regulation, but such permit fee shall not exceed $25.00.
25-12-9. The licenses and permits required by this chapter shall be issued by the
Commissioner for each license year beginning January 1 and expiring the following
December 31. The failure to renew a license or permit by December 31 will cause the license or permit to become inoperative. A license or permit which is inoperative because
of the failure to renew it shall be restored upon payment of the applicable fee plus a penalty equal to the applicable fee if said fees are paid within 90 days of expiration.
After 90 days, the firm and the employees thereof must apply for new licenses and permits as required for an initial license or permit.
25-12-10. The forms of such licenses and permits and applications and fees therefor
shall be prescribed by the Commissioner by rule or regulation, subject to the limitations on fees provided for in Code Sections 25-12-7 and 25-12-8. In addition to such other
information and data as the Commissioner determines are appropriate and required for such forms, there shall be included in such forms the following matters:
(1) Each such application shall be sworn to by the applicant or, if a corporation,
by an officer thereof; (2) Each application shall clearly state, in detail as set forth by the Commissioner,
the type of activity or activities for which the applicant desires a license or permit to perform;
(3) An application for a permit shall include the name of the licensee employing
such permittee, and the permit issued in pursuance of such application shall also set forth the name of such licensee. For persons covered by Code Section 25-12-8, the
application and permit shall bear the business name of the person's employer; and (4) The license or permit issued by the Commissioner shall clearly state the activ-
ity or activities for which the firm or individual has been issued the license or permit to perform. The licensee or permittee shall not perform any activity not noted on the
license or permit issued by the Commissioner. 25-12-11. A license may not be issued by the Commissioner until:
(1) The applicant has submitted to the Commissioner evidence of registration as
a Georgia corporation; (2) The Commissioner or a person designated by him has by inspection determined
that the applicant possesses the equipment required for the activities the applicant

TUESDAY, MARCH 5, 1991

1657

requests to be licensed to perform. If the applicant includes in the request the highpressure hydrostatic testing of equipment, the applicant must submit a copy of its United States Department of Transportation approval and renewals. If the applicant includes in the request the transfer of Halogenated fire suppression agents, the applicant must submit a copy of the current Underwriter's Laboratories on-site inspection form for a manufacturer's represented Halon pumping station. The Commissioner shall give an applicant 60 days to correct any deficiencies discovered by inspection;
(3) The applicant has submitted to the Commissioner proof of a valid comprehensive liability insurance policy purchased from an insurer authorized to do business in Georgia. The coverage must include bodily injury and property damage, products liability, completed operations, and contractual liability. The proof of insurance must also be provided before any license can be renewed. The minimum amount of said coverage shall be $1 million or such other amount as specified by the Commissioner. An insurer which provides such coverage shall notify the Commissioner of any change in coverage; and
(4) The applicant, when filing an application for an examination, pays a nonrefundable filing fee fixed by rule or regulation of the Commissioner.
25-12-12. (a) No permit may be issued to a person for the first time by the Commissioner until the applicant has submitted a nonrefundable filing fee fixed by rule or
regulation of the Commissioner. 25-12-13. (a) Any firm or individual holding a valid license or permit desiring to
perform an activity not covered by the current permit may submit an application for
an amended license or permit at any time between January 1 and the date established by the Commissioner for filing applications for renewing an annual license or permit.
(b) The provisions of this chapter relating to the requirements for obtaining a license
or permit shall apply to applications for an amended license or permit. The Commissioner shall by rule or regulation establish the fee for obtaining an amended license and the fee for an amended permit, but such fees shall not exceed the respective limits set forth in Code Sections 25-12-7 and 25-12-8.
(c) The fees for an amended license or permit shall not apply if the new activity or
activities are included in an application for a renewal of the annual license or permit. The application for renewal must be accompanied by the proof of training and other applicable documentation regarding the activity or activities desired to be included on
the new annual license or permit. 25-12-14. Every permittee must have a valid and subsisting permit upon his person
at all times while engaging in the installing, inspection, recharging, repairing, servicing, or testing of fire suppression systems or portable fire extinguishers. Every licensee or
permittee must be able to produce a valid license or valid permit, as appropriate, upon demand by the Commissioner or his representatives or by any local authority having
jurisdiction for fire protection or prevention or by any person for whom the licensee or permittee solicits to perform any of the activities covered by this chapter.
25-12-15. The Commissioner may adopt rules and regulations setting forth the
proper installation, inspection, recharging, repairing, servicing, or testing of fire suppression systems or portable fire extinguishers. The Commissioner may adopt by rule the
applicable standards of the National Fire Protection Association or another nationally recognized organization, if the standards are judged by him to be suitable for the
enforcement of this chapter. All fire suppression systems covered by Code Section 25-12-3 and all portable fire extinguishers covered by Code Section 25-12-4 shall be installed, inspected, recharged, repaired, serviced, or tested in compliance with this
chapter and with the Commissioner's rules and regulations. 25-12-16. The Commissioner shall make and promulgate specifications as to the
number, type, size, shape, color, and information and data contained thereon of service
tags to be attached to all portable fire extinguishers and fire suppression systems covered by this chapter when they are installed, inspected, recharged, repaired, serviced, or tested. It shall be unlawful to install, inspect, recharge, repair, service, or test any porta-
ble fire extinguisher or fire suppression system without attaching the required tag or tags completed in detail, including the actual month, day, and year the work was per-
formed, or to use a tag not meeting the specifications set forth by the Commissioner.

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25-12-17. The violation of any provision of this chapter or any rule or regulation adopted and promulgated pursuant to this chapter by any person who possesses a license or permit is cause for revocation or suspension of such license or permit by the Commissioner. An order of suspension shall state the period of time of such suspension, which period may not be in excess of one year from the date of such order. An order of revocation shall state the period of time of such revocation, which period may not be in excess of two years from the date of such order. Such order shall effect suspension or revocation of the license or permit then held by the person, and during such period of time no license or permit shall be issued to such person. If, during the period between the beginning of proceedings and the entry of an order of suspension or revocation by the Commissioner, a new license or permit has been issued to the person so charged, the order of suspension or revocation shall operate effectively with respect to such new license or permit held by such person.
25-12-18. In addition to the grounds set forth in Code Section 25-12-17, it is cause for revocation or suspension of a license or permit by the Commissioner if he determines
that the licensee or permittee has: (1) Rendered inoperative a fire suppression system or portable fire extinguisher
covered by this chapter, except during a reasonable time the system or extinguisher is being inspected, recharged, repaired, serviced, or tested;
(2) Falsified any record required to be maintained by this chapter or rules or regu-
lations adopted pursuant to this chapter; (3) Improperly installed, recharged, repaired, serviced, or tested a fire suppression
system or portable fire extinguisher; (4) While holding a permit or license, allowed another person to use the permit or
license or permit number or license number or used a license or permit or license number or permit number other than his own valid license or permit or license num-
ber or permit number; (5) Used credentials, methods, means, or practices to impersonate a representative
of the Commissioner or the state fire marshal or any local fire chief, fire marshal, or
other fire authority having jurisdiction; or (6) Failed to maintain the minimum comprehensive liability insurance coverage as
set forth in paragraph (3) of Code Section 25-12-11.
25-12-19. (a) Any person, firm, or corporation which violates any provision of this chapter or any order, rule, or regulation of the Commissioner shall be guilty of a misdemeanor.
(b) It shall also constitute a misdemeanor willfully or intentionally to:
(1) Obliterate the serial number on a fire suppression system or portable fire extinguisher for the purposes of falsifying service records;
(2) Improperly install a fire suppression system or improperly recharge, repair, service, or test any such suppression system or any such portable fire extinguisher;
(3) While holding a permit or license, allow another person to use the permit or
license or permit number or license number or to use a license or permit or license number or permit number other than his own valid license or permit or license num-
ber or permit number; (4) Use or permit the use of any license by an individual or organization other
than the one to whom the license is issued;
(5) To use any credential, method, means, or practice to impersonate a representative of the Commissioner or the state fire marshal or any local fire chief, fire marshal, or other fire authority having jurisdiction; or
(6) To engage in the business of installing, inspecting, recharging, repairing, servicing, or testing portable fire extinguishers or fire suppression systems except in con-
formity with the provisions of this chapter and the applicable rules and regulations of the Commissioner.
25-12-20. Any authority, power, or duty vested in the Commissioner by any provision of this chapter may be exercised, discharged, or performed by a deputy, assistant, or
other designated employee acting in the Commissioner's name and by his delegated authority. The Commissioner shall be responsible for the official acts of such persons who act in his name and by his authority.

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25-12-21. (a) All fees collected by the Commissioner for licenses, permits, and related examinations pursuant to the provisions of this chapter shall be deposited in the general fund of this state in accordance with applicable laws of this state.
(b) The Commissioner is authorized to receive grants or gifts for the administration of this chapter from parties interested in upgrading and improving the quality of fire protection provided by portable fire extinguishers or fire suppression systems.
25-12-22. (a) Nothing in this chapter limits the power of a municipality, a county, or the state to require the submission and approval of plans and specifications or to regulate the quality and character of work performed by contractors through a system of permits, fees, and inspections otherwise authorized by law for the protection of the public health and safety.
(b) No municipality or county shall impose any other requirements on persons licensed or permitted by the Commissioner as set forth in this chapter to prove competency to conduct any activity covered by said license or permit."
Section 2. This Act shall become effective on July 1, 1991; provided, however, the initial issuance of licenses and permits required by this Act shall not be required until January 1, 1992.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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, by substitute, the ayes were 112, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 533. By Representative Holland of the 136th:
A bill to amend Article 5 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation group self-insurance funds, so as to expand the definition of the term "county" to include a consolidated city-county government and certain authorities, commissions, and boards.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 919. By Representatives Skipper of the 116th, Walker of the 115th, Smyre of the 92nd, Groover of the 99th, Walker of the 113th and others:
A bill to amend Title 6 of the Official Code of Georgia Annotated, relating to aviation, so as to authorize the creation of regional surface and air transportation authorities; to provide for elections to participate by political subdivisions.

The following Committee substitute was read:

A BILL
To amend Title 6 of the Official Code of Georgia Annotated, relating to aviation, so as to authorize the creation of regional surface and air transportation authorities; to provide for elections to participate by political subdivisions; to define terms; to provide for

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membership; to provide for appointment, terms, compensation, and removal of members; to provide for filling vacancies; to provide for a commissioner, a secretary-treasurer, and officers of the authority; to provide for powers, duties, and restrictions; to provide for governing conflicts of interest; to provide for the issuance and validation of revenue bonds and certificates; to authorize collection and pledging of revenues and earnings for payment of such bonds and certificates; to authorize execution of trust indentures; to provide that credit of member counties and municipalities is not pledged; to provide that bonds issued by the authority are legal investments; to provide that property of the authority is public property; to provide for immunity from liability; to provide for exemption from taxation of revenue bonds arid property of the authority; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 6 of the Official Code of Georgia Annotated, relating to aviation, is amended by adding a new Chapter 4 to read as follows:
"CHAPTER 4
6-4-1. As used in this chapter, the term: (1) 'Airport' means: (A) Any area of land or water or any structure which is or has been used or which an authority activated pursuant to this chapter may plan to use for the landing and taking off of commercial, private, and military aircraft, including helicopters, and all buildings, equipment, facilities, roadways, or other property and improvements of any kind or nature located within the bounds of any such land or water area or structure or which provide necessary means of surface ingress or egress to such land or water area or structure; (B) Facilities of any type for the accommodation of passengers, maintenance, servicing, and operation of aircraft, business offices and facilities of private businesses and governmental agencies, parking of automobiles, and all other activities which are or may have been carried on or which may be necessary or convenient in conjunction with the landing and taking off of commercial, private, and military aircraft; and (C) All buildings, equipment, facilities, and other property and improvements of any kind or nature located outside the bounds of any such land or water area or structure which is or has been used or which the authority plans to use for the landing and taking off of commercial, private, and military aircraft which are necessary for the safe operation of aircraft, including without limitation aviation easements and other real or personal property. (2) 'Airport hazard' means any structure, terrain, or object of natural growth, or
use thereof, which obstructs the airspace required for the flight, landing, or taking off of aircraft to or from an airport or any other thing that is hazardous to the flight, landing, or taking off of aircraft to or from the airport.
(3) 'Authority' means any public corporation activated pursuant to this chapter. (4) 'Commissioner' means the commissioner of an authority appointed pursuant to Code Section 6-4-12. (5) 'Participating counties' means counties which have elected to become members of an authority pursuant to Code Section 6-4-2 and counties which have joined the authority pursuant to Code Section 6-4-3. (6) 'Surface transportation facilities and infrastructure' include, but are not necessarily limited to, each and all of the following:
(A) Any facility primarily designed to transport people or goods rapidly and efficiently, including but not limited to railroads, bus services, terminals, freeways, expressways, arterial highways, belt highways, toll roads, tollways, ferries, and port facilities;
(B) Any facility or facilities utilized in providing a mass transit system for a standard metropolitan area or urban area; and

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(C) Any highway, road, street, avenue, drive, detour, or other way open to the public and intended or used for its enjoyment and for the passage of vehicles in any county or municipality of Georgia, including but not limited to the following public rights, structures, sidewalks, facilities, and appurtenances incidental to the construction, maintenance, and enjoyment of any of the same:
(i) Surfaces, shoulders, and sides; (ii) Bridges; (iii) Causeways; (iv) Viaducts; (v) Overpasses; (vi) Underpasses; (vii) Railroad grade crossings; (viii) Tunnels; (ix) Signs, signals, markings, or other traffic control devices; (x) Buildings for public equipment and personnel used for or engaged in administration, construction, or maintenance of such ways or research pertaining thereof; (xi) Wayside parks; (xii) Parking facilities; (xiii) Drainage ditches; (xiv) Canals and culverts; (xv) Rest areas; (xvi) Truck-weighing stations or check points; and (xvii) Scenic easements and easements of light, air, view, and access. 6-4-2. (a) There may be activated in any region of the state an authority to be known as the ' (insert appropriate regional description) Surface and Air Transportation Authority.' Any such authority shall be activated by concurrent resolutions or ordinances of the participating counties. Each county desiring to participate in such an authority shall adopt by its governing authority a resolution or ordinance which states all of the following: (1) Its conditional election to participate in the creation of a named regional surface and air transportation authority;
(2) Which other counties are eligible to participate with the enacting county in the activation of such authority;
(3) The minimum number of such counties which must enact similar resolutions or ordinances in order for the enacting county's resolution or ordinance to become effective; and
(4) The date by which such minimum number of counties must enact such resolution or ordinances in order for the enacting county's ordinance or resolution to become effective.
(b) Each county adopting such a resolution or ordinance shall file a copy of the same with each other county identified therein as eligible to participate in the activation of such authority. If at the same time there is any group of ten or more counties which have each adopted a currently effective resolution or ordinance calling for the creation of an authority with the same name, and if each such resolution or ordinance names as eligible to participate in the creation of the authority each other county in such group, then the authority shall be activated, and a copy of each such resolution or ordinance shall be filed with the Secretary of State as evidence of the activation of the authority.
6-4-3. A county which desires to join the authority after its activation shall adopt by its governing authority a resolution or ordinance which states its election to participate in the named regional surface and air transportation authority as it is constituted at the time the resolution or ordinance is adopted. A copy of the resolution or ordinance shall be filed with the authority. The board of directors of the authority shall determine whether to accept or deny the admission of an additional county by majority vote. If an additional county is added to the authority, a copy of the county's resolution or ordinance and notice of its admission by the authority shall be filed with the Secretary of State.

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6-4-4. The purposes and objectives of an authority created under this chapter shall be to establish, maintain, and operate one or more airports in this state; to ensure that the maximum public benefit is obtained from any public airports presently in existence and future airports; to ensure proper planning and establishment of any airport needed in the future; to ensure the maximum participation of this state in national and international programs of air transportation; to promote public transportation and commerce; and to facilitate surface transportation and ingress and egress to and from any future airport facility and within any area whose needs for surface transportation or air transportation, or both, the authority proposes to serve; all of this to the end of providing the most effective and economical use of surface transportation facilities and infrastructure and public airports for the public welfare, safety, and convenience.
6-4-5. An authority activated pursuant to this chapter shall be an instrumentality and political subdivision of the State of Georgia and a public corporation.
6-4-6. The affairs of an authority activated pursuant to this chapter shall be managed by a board of directors. The board of directors shall have five members. Each member of the board of directors shall be elected by majority vote of an electorate which shall consist of each state senator or representative whose legislative district encompasses all or any part of at least one county which has elected to participate as a member of the authority in accordance with Code Section 6-4-2 or which has joined the authority pursuant to Code Section 6-4-3. Such electorate shall meet for election purposes during each session of the General Assembly during which an election is necessary at the call of the Speaker of the House of Representatives or at the call of a majority of such electorate. The electorate may meet for election purposes when the General Assembly is not in session at the call of the Speaker of the House of Representatives or at the call of a majority of such electorate. The results of each such election shall be certified to the secretary-treasurer of the authority by the Clerk of the House of Representatives. This chapter does not impose any residency requirements for members of the board of directors.
6-4-7. The terms of members of the board of directors of the authority shall be as follows:
(1) At the initial election for members of the board of directors, three of them shall be nominated and elected for terms of three years each and until their successors are elected and qualified;
(2) At the initial election for members of the board of directors, two of them shall be nominated and elected for terms of four years each and until their successors are elected and qualified;
(3) Thereafter, all members of the board of directors of the authority shall be nominated and elected for terms of four years each and until their successors are elected and qualified; and
(4) Members of the board of directors of the authority shall be eligible for reelection to subsequent terms.
6-4-8. After the election of all members, the full membership of the board of directors of the authority shall meet as soon as practicable and shall elect one of its members as chairman and one as vice-chairman, each of whom shall serve in such positions until the first meeting of the board of directors in the succeeding year and until their successors are elected. Thereafter, a chairman and a vice-chairman shall be elected in the same manner at the first meeting in each year to serve for the succeeding year and until their successors are elected. The chairman, and the vice-chairman when acting as chairman, shall be entitled to vote on matters before the authority. The chairman shall preside at meetings of the authority and the vice-chairman shall preside in his absence, and they shall have such other powers, duties, and responsibilities as are set out elsewhere in this chapter and in bylaws adopted by the authority.
6-4-9. The members of the board of directors shall receive no compensation but shall be reimbursed from the funds of the authority for reasonable and necessary expenses incurred in pursuing the business of the authority.
6-4-10. Should a member of the board of directors of the authority vacate his office either by resignation, death, or removal as provided in Code Section 6-4-11 or for any

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1663

other reason, the remaining members of the board of directors shall, as soon as practicable, appoint another person as a member of the board of directors of the authority to complete the unexpired term. If no member of the board of directors remains, the electorate specified in Code Section 6-4-6 shall meet at the call of the Speaker of the House of Representatives or of a majority of such electorate, and make such appointments by majority vote.
6-4-11. Any member of the board of directors of the authority may be removed by the board of directors from office for good cause affecting his ability to perform his duties as a member, for misfeasance, malfeasance, or nonfeasance in office, or for violation of the conflict of interest provisions of this chapter by vote of a majority of the other members, but only after a public hearing at which such member is given the right to present evidence in his own behalf and only upon a finding by a majority of the other members that good cause for removal affecting the member's ability to perform his duties exists, that he was guilty of misfeasance, malfeasance, or nonfeasance in office, or that he violated the conflict of interest provisions of this chapter.
6-4-12. (a) The authority shall appoint and fix the compensation of a commissioner under such terms and conditions as it deems appropriate. The commissioner need not
be a member of the board of directors of the authority. The commissioner shall be the chief executive and operating officer of the authority. Under the supervision of the
board of directors of the authority, the commissioner shall be responsible for the operation, management, and promotion of all activities with which the authority is charged
under this chapter, together with such other duties as may be prescribed by the authority; and he shall have such powers as are necessarily incident to the performance of his duties and such others as may be granted by the authority. The authority shall also
appoint and fix the compensation of a secretary-treasurer to keep the minutes and records of the authority and to manage the finances of the authority. The secretary-treasurer need not be a member of the board of directors of the authority and need not be employed by the authority on a full-time basis.
(b) The powers of the authority shall be vested in the members of the board of directors in office from time to time; and a majority of members in office shall consti-
tute a quorum for the transaction of any business and for the exercise of any power or function of the authority. Action may be taken and motions and resolutions adopted by
the board of directors at any meeting thereof by the affirmative vote of a majority of present and voting board members. No vacancy in the board of directors shall impair the right of the members to exercise all the powers and perform all duties of the board.
(c) The authority shall, as soon as practicable, adopt its own bylaws, rules of procedure, and rules of conduct of its business. The authority shall meet at least once a
month, unless it shall otherwise determine, and at such other times as it may deem necessary. The authority may also authorize and employ such other administrative officers
and employees under such terms and conditions as it shall consider necessary and appropriate to effectuate its purposes under this chapter.
6-4-13. (a) No member of the authority or its commissioner, secretary-treasurer, or any other officer or employee thereof shall have a financial interest, direct or indirect, in any contract with the authority or be financially interested, directly or indirectly, in
the sale to the authority of any lands, material, supplies, or services, except on behalf of the authority as a member, officer, or employee thereof. Any violation of this provi-
sion by a member of the authority shall be grounds for removal pursuant to Code Section 6-4-11. Any violation of this provision by the executive director or any officer or
employee of the authority shall be grounds for removal by the authority, (b) (1) The provisions of Code Section 45-10-3 shall apply to all members of the
board of directors of the authority, and a member of the authority shall not engage in any transaction with the authority.
(2) The provisions of paragraph (9) of Code Section 45-10-3 and subsection (a) of this Code section shall be deemed to have been complied with and the authority may
purchase from, sell to, borrow from, loan to, contract with, or otherwise deal with any member or any organization or person or entity with which any member of the board of directors of the authority or its commissioner, secretary-treasurer, or any other offi-
cer or employee thereof is in any way interested or involved, provided (A) that any

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interest or involvement by such person is disclosed in advance to the board of directors of the authority and is recorded in the minutes of the authority, (B) that no person having a substantial interest or involvement may be present at that poition of any authority meeting during which discussion of any matter is conducted involving any such person, and (C) that no person having a substantial interest or involvement may participate in any decision of the authority relating to any matter involving such person. As used in this subsection, the term 'substantial interest or involvement' means any interest or involvement which reasonably may be expected to result in a direct financial benefit to such person as determined by the authority, which determination shall be final and not subject to review. 6-4-14. (a) The authority shall possess, subject to the conditions and limitations set out elsewhere in this chapter, all the powers necessary or convenient for it to accomplish the purposes of this chapter, including the following specific powers, which shall not be construed as a limitation upon the general or other specific powers conferred in this chapter:
(1) To adopt a seal to be used for the authentication of legal documents, obligations, contracts, and other instruments and to alter the same at its pleasure;
(2) To acquire by purchase, lease, gift, or otherwise and to hold, lease, sell, use, and dispose of real and personal property of every kind and character or any interest therein;
(3) To exercise the power of eminent domain to acquire any private real property or any rights or interest in such real property, including any easements, as necessary or convenient for the accomplishment of the purposes of this chapter, including, without limitation, to acquire, establish, construct, expand, own, lease, control, equip, improve, maintain, operate, and regulate surface transportation facilities and infrastructure and airports and landing fields in the State of Georgia within and outside the territorial limits of participating counties and the municipalities contained therein and to eliminate airport hazards, all in accordance with the provisions of any and all laws applicable to the exercise of such power, provided that any exercise of such power outside of the area encompassed by the counties which are members of the authority shall require the consent of the county or any municipal corporation within which the property to be subjected thereto is located. The authority shall pay for any property condemned under this power from its own funds. In proceedings to condemn pursuant to this Code section, the court having jurisdiction of the suit, action, or proceeding may enter such orders regarding the payment for such property or interest therein as may be fair and just to the respective cities, counties, the authority, and the owners of the property being condemned;
(4) To appoint, select, and contract for the services of engineers, architects, building contractors, accountants and other fiscal agents, general counsel for the authority and other counsel including but not limited to bond counsel, and such other persons, firms, or corporations as are necessary to accomplish the purposes of this chapter for such fees or compensation and under such terms and conditions as it deems appropriate;
(5) To plan, acquire, establish, develop, construct, enlarge, improve, maintain, equip, and lease all surface transportation facilities and infrastructure or any airports which shall come under its control under the provisions of this chapter or which it may acquire or plan to acquire; to regulate, protect, and police such surface transportation facilities, infrastructure, airports and all related activities and facilities; to enter into any contracts, leases, or other agreements, promulgate any orders, set any tolls, fees, or other charges for the use of its property or services and collect and use the same as necessary to operate the surface transportation facilities and infrastructure and airports under its control and to accomplish any purposes of this chapter; and to make any purchases or sales necessary for such purposes;
(8) To contract with any persons, firms, or public or private corporations to supply goods, commodities, facilities, and services to the public, employees of the authority, and employees of air carriers and other commercial interests located at any surface transportation facilities and infrastructure or airport under its control under such

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terms and conditions as it may prescribe including, if desirable, exclusive rights, franchises, or concessions;
(7) To adopt and enforce reasonable rules and regulations for the orderly, safe, efficient, and sanitary operation of surface transportation facilities and infrastructure and airports under its control; to provide its own security force and peace officers with powers of arrest or to arrange for such security force or peace officers in connection with participating counties or cities within such counties; and to prescribe reasonable penalties for the breach of any rule or regulation. All such rules, regulations, or orders shall become effective upon approval by the authority and after publication of a notice containing a substantive statement of the rule or regulation and the penalty for violation in a newspaper of general circulation in all counties in which rules and regulations are to be applied. The notice shall state that the breach of the rule or regulation will subject the violator to the penalty and shall state that the full text of all rules and regulations shall be maintained in the principal office of the authority where same will be open to public inspection and perusal. All rules and regulations shall in fact be so maintained. Said rules and regulations, when promulgated as provided in this paragraph, shall be judicially recognized by and enforceable in the court of any municipality or county in which surface transportation facilities and infrastructure or airports under the control of the authority are located and which court has jurisdiction over the place where any violation occurs;
(8) To provide its own fire protection and crash and rescue services or to arrange for such services in connection with any federal, state, municipal, or county agency or any private firm in the business of providing such services;
(9) To make application, directly or indirectly, to any federal, state, county, or municipal government or agency or to any other source, public or private, for loans, grants, guarantees, or other financial assistance in aid of surface transportation facilities and infrastructure or airports under its control, and to accept and use same upon such terms and conditions as are prescribed by the federal, state, county, or municipal government or agency or other source;
(10) To enter into agreements with the state, any subdivision of the state, any county, municipality, the federal government, or any agency of the federal government to use in the performance of its functions the facilities or the services of such entity in order to accomplish the purposes of this chapter;
(11) To borrow money to accomplish its purposes and execute evidences of indebtedness therefor and secure such indebtedness in such manner as the authority may provide by its resolution authorizing such indebtedness to be incurred; provided, however, that the authority shall not pledge to the payment of such indebtedness revenue pledged to the payment of any other indebtedness then outstanding or encumber
property in violation of the terms of any existing contract, agreement, or trust inden-
ture securing existing indebtedness;
(12) To issue negotiable bonds, including revenue and refunding bonds, under such
terms and conditions as it deems appropriate and to provide for the payment of same
and for the rights of the holders of such bonds;
(13) To enter into any financial arrangements whatsoever necessary to accomplish
the purposes of this chapter not expressly prohibited by law;
(14) To sell, lease, or otherwise dispose of surplus personal property and to sell,
lease, or otherwise dispose of land and any improvements thereon acquired by the
authority which the authority may determine is no longer required to accomplish the
purposes of this chapter, including property which is suitable for industrial develop-
ment. Any such property may be sold, leased, or otherwise disposed of upon such
terms and conditions as may be provided by resolution of the authority. The proceeds
of any such sale may be used by the authority to accomplish any of the purposes of
this chapter;
(15) To determine what usage may be made of airports and to determine what
classes of aircraft may use particular airports in order to derive the maximum public
benefit from all airports;

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(16) To exercise each and every power that any municipality or any county could exercise, under laws existing on July 1, 1991, over surface transportation facilities and infrastructure and airports owned or operated by any municipality or any county;
(17) To enter into contracts, leases, or other agreements with federally certificated air carriers, other commercial air carriers, and other commercial users of its airports for the use of such airports under such terms and conditions as it deems appropriate and for such charges, rentals, and fees as it deems appropriate;
(18) To enter into such agreement with any municipality or county presently operating airports of which the authority may subsequently assume control with respect to the manner of transfer of airport employees from any municipality or county to the authority as the authority deems necessary and appropriate;
(19) To establish a plan of civil service for officers and employees of the authority or to provide by resolution that such officers and employees of the authority shall be covered under any state, county, or municipal civil service plan which is available to such employees under the laws of the state or any county or municipality;
(20) To establish a plan for retirement, disability, hospitalization, and death benefits for officers and employees of the authority or to provide by resolution that such officers and employees shall be covered under any state, county, or municipal plan
available to them under the laws of the state or any county or municipality; (21) To exercise any one or more of the powers, rights, and privileges conferred by
this chapter, either alone or jointly or in common with one or more other public or
private parties. In any such exercise of such powers, rights, and privileges jointly or in common with others with respect to the construction, operation, and maintenance
of airports or surface transportation facilities and infrastructure, the authority may own an undivided interest in such airports or surface transportation facilities and
infrastructure with any other party with which it may jointly or in common exercise the rights and privileges conferred by this chapter; or it may enter into an agreement
or agreements with respect to any such project facility with the other participating party or parties; or it may own shares in any private, for-profit corporation and exer-
cise the rights of such a shareholder, including, without limitation, the right to vote for directors; or it may take all or any combination of the foregoing actions. It shall
not constitute a conflict of interest for any director of the authority to serve as a director or officer of such a for-profit corporation. The authority shall not be liable
for the debts or obligations or bonds, or for the actions or omissions to act, of such a for-profit corporation unless it expressly so consents. Any such agreement with
respect to a project facility may contain such terms, conditions, and provisions consistent with this chapter as the parties thereto shall deem to be in their best interests, including but not limited to: (A) provisions for the construction, operation, and main-
tenance of such airports or surface transportation facilities and infrastructure by any one or more of the parties to such agreement, which party or parties shall be designated in or pursuant to such agreement as agent or agents on behalf of itself and one
or more of the other parties thereto or by such other means as may be determined by the parties thereto, and (B) provisions for a method or methods of determining and
allocating, among or between the parties, costs of construction, operation, maintenance, renewals, replacements, improvements, and disposal with respect to such airports or surface transportation facilities and infrastructure. In carrying out its
functions and activities as such agent with respect to construction, operation, and maintenance of such a facility, the agent shall be governed by the laws and regulations
applicable to such agent as a separate legal entity and not by any laws or regulations which may be applicable to any of the other participating parties. Notwithstanding
any other law to the contrary, pursuant to the terms of any such agreement, the authority may delegate its powers and duties with respect to the construction, operation, and maintenance of such airports or surface transportation facilities and
infrastructure to the party acting as agent; and all actions taken by such agent in accordance with the provisions of such agreement may be binding upon the authority
without further action or approval of the authority; (22) To incorporate one or more nonprofit corporations as subsidiary corporations
of the authority for the purpose of carrying out any of the powers of the authority

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1667

and to accomplish any of the purposes of the authority. Any such subsidiary corporation shall be a nonprofit corporation, a public body, a political subdivision of the state, and an instrumentality of the state and shall exercise essential governmental functions. Any subsidiary corporations created pursuant to this power shall be created pursuant to Chapter 3 of Title 14, the 'Georgia Nonprofit Corporation Code,' and the Secretary of State shall be authorized to accept such filings. The members of the board of directors of the authority shall constitute the members of and shall serve as directors of any subsidiary corporation and such service shall not constitute a conflict of interest. Upon dissolution of any subsidiary corporation of the authority, any assets shall revert to the authority or to any successor to the authority or, failing such succession, to the State of Georgia. The authority shall not be liable for the debts or obligations or bonds of any subsidiary corporation or for the actions or omissions to act of any subsidiary corporation unless the authority expressly so consents;
(23) To contract with the state and its departments or any county, municipal corporation, political subdivision, public corporation, or public authority with respect to activities, services, or facilities the contracting parties are authorized by law to under-
take or provide, all pursuant to and subject to the Constitution of the State of Georgia;
(24) To exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the Constitution and the laws of the
State of Georgia; (25) To sue and be sued, plead and be impleaded, and complain and defend in all
courts of law and equity; and (26) To do all things necessary or convenient to carry out the powers expressly
given in, or implicitly necessary for the purposes of, this chapter, (b) Notwithstanding any other provision of this chapter to the contrary, the author-
ity shall not: (1) Own or maintain aircraft or perform maintenance on aircraft owned by others; (2) Engage in flight instruction, flight charter, or other aircraft for hire business;
or (3) Perform maintenance on radios, propellers, or other aircraft accessories.
6-4-15. Any and all contracts, leases, obligations, agreements, and other legal instru-
ments of the authority shall be approved by resolution of the authority and shall be exe-
cuted by those individuals designated in such resolution or in the absence of such designation by the chairman or vice-chairman. Nothing in this provision shall prohibit
general resolutions authorizing the commissioner, secretary-treasurer, or other officers, agents, or employees to execute such contracts, leases, or other legal documents as the
authority may prescribe. 6-4-16. The authority is authorized, at one time or from time to time as it deems
necessary to accomplish the purpose of this chapter, to issue revenue bonds pursuant to
Article 3 of Chapter 82 of Title 36, the 'Revenue Bond Law,' or any successor statute providing for the issuance of revenue bonds generally. The authority is determined to
be a governmental body within the meaning of that law and is authorized to utilize any and all procedures and to exercise any and all powers of a governmental body under such chapter. The members of the board of directors of the authority shall constitute
the governing body as that term is used therein. Nothing in this Code section shall be construed so as to limit the power of the authority to issue any bonds other than under
Article 3 of Chapter 82 of Title 36, the 'Revenue Bond Law' which it may legally issue pursuant to Code Section 6-4-14.
6-4-17. For purposes of validation of bonds under Article 3 of Chapter 82 of Title 36, the 'Revenue Bond Law,' the authority shall be considered to be located in any
county of its choice which is a member of the authority. 6-4-18. The authority may provide for the replacement of any bonds issued by it
which shall be mutilated or destroyed. 6-4-19. (a) In the discretion of the authority, any issue of bonds pursuant to this
chapter may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside the state. Such trust indenture may pledge or assign fees, tolls,

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revenues, and earnings to be received by the authority, including the proceeds derived from the sale from time to time of any surplus real or personal property of the authority. The resolution providing for the issuance of such bonds or the trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition of property; the construction of surface transportation facilities and infrastructure and airports; the maintenance, operation, repair, and insurance of property; and the custody, safeguarding, and application of all moneys of the authority. Such resolution or trust indenture may also:
(1) Provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects satisfactory to the trustee or to the bondholder;
(2) Require that the security given by any contracts and by any depository of the proceeds of the bonds or revenues or other moneys be satisfactory to such trustees or
bondholder; or (3) Contain provisions concerning the conditions, if any, upon which additional
revenue bonds may be issued. (b) It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depository and to furnish such security as may be required by the authority. Such resolution or trust indenture may set forth rights and remedies of
the bondholders and of the trustees and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corpo-
rations. Such resolution or trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholder. All
expenses incurred in connection with any such trust indenture may be treated as operating expenses of the authority.
6-4-20. In addition to other powers granted in this chapter as to the issuance of reve-
nue bonds and security for such bonds, the authority shall have the power to enter into any financial and contractual arrangements with users of its surface transportation facil-
ities and infrastructure and airports, including commercial air carriers, which it deems appropriate in order to provide security to bondholders; and for such purposes, the authority may also enter into joint agreements, arrangements, or trust indentures with
such users and a trustee or trustees under any trust indenture authorized under Code Section 6-4-19 in order that funds may be procured to accomplish the purposes of this
chapter at the least possible cost to the authority. 6-4-21. While any of the bonds issued by the authority remain outstanding, the pow-
ers, duties, or existence of the authority or of its officers, employees, or agents shall not
be diminished or impaired in any manner that will adversely affect the interest and rights of the holders of such bonds.
6-4-22. All revenue bonds issued under the provisions of this chapter are declared to be issued for an essential public and governmental purpose and the said bonds and the
income from such bonds shall be exempt from all taxation within the state. It is declared that all property of the authority held pursuant to the terms of this chapter,
whether real or personal, tangible or intangible, and of any kind or nature and any income or revenue from such property, is held for an essential public and governmental purpose, and all such property is deemed to be public property and exempt from all
income, ad valorem, sales and use, and other taxation. 6-4-23. Any bonds issued by the authority under the provisions of this chapter are
made securities in which all public officers and bodies of this state, all municipalities, all municipal subdivisions, all insurance companies and associations, and other persons carrying on an insurance business; all banks, bankers, trust companies, savings banks,
savings associations, investment companies and other persons carrying on a banking business; all administrators, guardians, executors, trustees, and other fiduciaries; and all
other persons who are now or may hereafter be authorized to invest in bonds or other obligations of the state may properly and legally invest funds, including capital in their control or belonging to them. The bonds are also made securities which may be depos-
ited with and shall be received by all public officers and bodies of this state and all

TUESDAY, MARCH 5, 1991

1669

municipalities and municipal subdivisions for any purpose for which the deposit of the bonds or other obligations of this state is now or may hereafter be authorized.
6-4-24. All facilities and infrastructure and airports constructed or acquired by the authority pursuant to this chapter or acquired by the authority in any legal manner and any other property held by the authority shall be under the control of the authority; and the authority shall have the right to exercise any and all of the powers set out in this chapter in regard to such facilities and infrastructure and airports.
6-4-25. All of the powers, general and specific, granted to the authority pursuant to this chapter shall be exercised only in regard to surface transportation facilities and infrastructure and airports. However, nothing in this Code section shall be construed to prohibit the authority from cooperating with other federal, state, county, or municipal agencies or public corporations in order to coordinate other types of facilities with surface transportation facilities and infrastructure and airports under its control or purchasing, selling, exchanging, or otherwise acquiring any property from or with same.
6-4-26. At least annually, the authority shall publish in the legal organ of any county which is a member of the authority a statement of sources and expenditures of funds for the previous year and the proposed budget for the following year.
6-4-27. The authority shall have the same immunity and exemption from liability from torts and negligence as the State of Georgia; and the members of its board of directors, its commissioner, its secretary-treasurer, and the other officers, agents, and employees of the authority in performance of the work of the authority shall have the same immunity and exemption from liability from torts and negligence as the officers, agents, and employees of the State of Georgia when in performance of their public duties or work of the state. Such immunity and exemption applies, without limitation, to directors or nominees of the authority serving as directors or officers of any for-profit or nonprofit corporation pursuant to Code Section 6-4-14. The authority is authorized, without limitation, to indemnify such directors and officers.
6-4-28. In the event of dissolution of the authority, all property, real and personal, tangible and intangible, shall revert to, and be the property of, the State of Georgia, subject, however, to all rights and encumbrances on such property; and the State of Georgia by acceptance thereof shall fulfill all obligations of the authority.
6-4-29. The principal office of the authority shall be in the county in which the offices of its commissioner are located or, if there are none, then in Fulton County. Service of process on the authority may be had upon its commissioner, its secretary-treasurer, or the other officers of the authority as in the case of private corporations incorporated or domesticated under the laws of this state."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Skipper of the 116th and Walker of the 115th move to amend the Committee substitute to HB 919 as follows:
1. By inserting on page 5 line 9 after the word "participating" and before the word "counties" the word "contiguous";
2. By inserting on page 5 line 16 after the word "other" and before the word "counties" the word "contiguous";
3. By inserting on page 5 line 19 after the word "such" and before the word "counties" the word "contiguous";
4. By inserting on page 5 line 31 after the word "more" and before the word "counties" the word" contiguous";
5. By deleting on page 6 lines 30 through 34 in their entirety and inserting in lieu thereof the following words:

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"transportation; to promote public transportation and commerce by facilitating surface transportation and ingress and egress to and from any existing or future airport facility within any area whose need for air transportation the".

The Committee substitute, as amended, was adopted.

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, by substitute, as amended, the ayes were 110, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

HB 140. By Representative Watson of the 114th:
A bill to amend Article 4 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to halls of fame, so as to create the Georgia Aviation Hall of Fame Overview Committee as a joint committee of the General Assembly.

The following Committee substitute was read and adopted:

A BILL
To amend Article 4 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to halls of fame, so as to provide for the Industry Committee of the House of Representatives and the Economic Development Committee of the Senate to act and serve as the overview committees of the Georgia Aviation Hall of Fame; to provide for the powers and duties of the committees; to provide for reviews and reports; to provide that the state auditor, the Attorney General, and all other agencies of state government shall assist the committees; to provide for the securing of professional services; to provide for powers and duties of the Georgia Aviation Hall of Fame Board, state officials, and state agencies; to provide for actions; to provide for funds; to provide for compensation, per diem, expenses, and allowances; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 4 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to halls of fame, is amended by designating Code Sections 50-12-70 through 50-12-74 as Subpart 1 of Part 3 and adding at the end of Part 3 a new Subpart 2 to read as follows:
"Subpart 2
50-12-75. The Industry Committee of the House of Representatives and the Economic Development Committee of the Senate shall act and serve as overview committees of the Georgia Aviation Hall of Fame. The committees shall periodically inquire into and review the operations of the Georgia Aviation Hall of Fame, as well as periodically review and evaluate the success with which the Georgia Aviation Hall of Fame Board is accomplishing its statutory duties and functions as provided in Subpart 1 of this part.
50-12-76. The state auditor, the Attorney General, and all other agencies of state government, upon request by the committees, shall assist the committees in the discharge of their duties as set forth in this subpart. The committees may secure the services of independent accountants, engineers, and consultants to assist them in carrying out their duties.
50-12-77. The Georgia Aviation Hall of Fame Board shall cooperate with the committees, the Attorney General, the state auditor, and other state agencies in order that the

TUESDAY, MARCH 5, 1991

1671

charges of the committees, set forth in this subpart, may be timely and efficiently discharged. The board shall submit to the committees such reports and data as the committees shall reasonably require of the board in order that the committees may adequately perform their functions. The Attorney General is authorized to bring appropriate legal actions to enforce any laws specifically or generally relating to the Georgia Aviation Hall of Fame or the Georgia Aviation Hall of Fame Board. The committees shall, on or before the first day of January of each year, and at such other times as they deem necessary, submit to the General Assembly a report of their findings and recommendations based upon the review of the Georgia Aviation Hall of Fame, as set forth in this subpart.
50-12-78. In the discharge of their duties, the committees shall evaluate the performance of the Georgia Aviation Hall of Fame Board consistent with the following criteria:
(1) Prudent, legal, and accountable expenditure of public funds; (2) Efficient operation; and (3) Performance of its statutory responsibilities. 50-12-79. (a) The committees are authorized to expend state funds available to the committees for the discharge of their duties. Said funds may be used for the purposes of paying for services of independent accountants, engineers, and consultants, and paying all other necessary expenses incurred by the committees in performing their duties. (b) The members of the committees shall receive the allowances authorized for legislative members of interim legislative committees. (c) The funds necessary for the purposes of the committees shall come from the funds appropriated to and available to the legislative branch of government."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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, by substitute, the ayes were 112, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 437. By Representatives Stephens of the 68th and Thurmond of the 67th:
A bill to amend Chapter 5 of Title 43 of the Official Code of Georgia Annotated, relating to athletic trainers, so as to provide a definition of athlete; to revise the definition of athletic trainer; to revise the residency requirement applicable to members of the Georgia Board of Athletic Trainers.

The following Committee substitute was read:

A BILL
To amend Chapter 5 of Title 43 of the Official Code of Georgia Annotated, relating to athletic trainers, so as to provide a definition of athletic injury; to revise the definition of athletic trainer; to revise the residency requirement applicable to members of the Georgia Board of Athletic Trainers; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 43 of the Official Code of Georgia Annotated, relating to athletic trainers, is amended by striking Code Section 43-5-1, relating to definitions, in its entirety and inserting in its place a new Code Section 43-5-1 to read as follows:
"43-5-1. As used in this chapter, the term: (1) 'Athletic injury' means any injury sustained by a person as a result of such
person's participation in exercises, sports, games, or recreation requiring physical strength, agility, flexibility, range of motion, speed, or stamina.

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4i) (2) 'Athletic trainer* means a person with specific qualifications, as set forth in Code Section 43-5-8 who, upon the advice and consent of his tea a physician, carries out the practice of prevention er physical i recognition, evaluation, management, disposition, treatment, or rehabilitation} er both, of athletic injuries incuircd by athletes e the team by which the athletic trainer is employed; and, in carrying out these functions, the athletic trainer is authorized to use physical modalities, such as heat, light, sound, cold, electricity, or mechanical devices related to prevention, recognition, evaluation, management, disposition, rehabilitation and treatment. The term 'athletic trainer' shall not include any student, teacher, or other person who serves as an athletic trainer for an elementary school or high school, either public or private, within this state.
{2) (3J 'Board' means the Georgia Board of Athletic Trainers."
Section 2. Said chapter is further amended by striking subsection (a) of Code Section 43-5-2, relating to the Georgia Board of Athletic Trainers, and inserting in its place a new subsection (a) to read as follows:
"(a) The Georgia Board of Athletic Trainers, composed of four members who shall be appointed by the Governor and confirmed by the Senate, is created. To qualify as a member, a person must be a citizen of the United States and a resident of this state fef five years immediately preceding appointment. Two members must be athletic trainers, one member must be a physician licensed by the state, and one member shall be appointed from the public at large and shall have no connection whatsoever with the practice or profession of athletic training."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

An amendment offered by Representative Simpson of the 70th was withdrawn.

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, by substitute, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken
Alford Y Atkins Y Baker Y Balkcom N Barfoot N Bargeron Y Barnett,B Y Barnett.M Y Bates Y Beatty
Benefield Y Birdsong Y Biitch
Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks
Brown Y Brush YBuck Y Buckner
YByrd Y Campbell
Y Canty Y Carrell

Y Carter Y Chafin Y Chambless
Y Cheeks Y Childers Y Clark.E Y Clark.H Y Clark.L Y Coker Y Coleman N Colwell Y Connell Y Culbreth
Cummings,B Y Cummings.M
Y Davis.G Y Davis.M Y Dixon.H
Y Dixon.S Dobbs
Y Dover Dunn
Y Edwards Y Elliott Y Felton Y Fennel
Floyd.J.M Y Floyd.J.W YFlynt

N Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Manner Y Harris,B Y Harris,J Y Heard
Y Henson N Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson
Y Jamieson Y Jenkins Y Jones Y Kilgore
King
E Kingston Y Klein

YLadd Y Lane.D Y Lane.R E Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas
Lupton Y Mann
Martin Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam
Mills Y Mobley
Y Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C Y Oliver.M
YOrr

Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry
Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Purcell Y Randall
YRay Y Reaves
Y Redding Y Ricketson Y Royal Y Selman Y Sherrill
Y Simpson Y Sinkfield
Y Skipper Y Smith.L Y Smith,?

TUESDAY, MARCH 5, 1991

1673

Y Smith.T Y Smith.W Y Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley

Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N

Y Thurmond Y Titus Y Tolbert
Townsend Y Turnquest Y Twiggs Y Valenti

Y Vaughan Y Walker.J Y Walker,L Y Wall Y Ware Y Watson Y Watts

Y White Y Wilder Y Williams.B
Williams,J Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 154, nays 5.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 829. By Representatives Murphy of the 18th and Porter of the 119th:
A bill to amend Code Section 46-2-5 of the Official Code of Georgia Annotated, relating to the chairmanship of the Public Service Commission, so as to change the provisions relating to the chairman.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker
Y Balkcom Y Barfoot Y Bargeron Y Barnett,B
Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong
Y Blitch Bordeaux
Y Bostick Y Branch
Y Breedlove Brooks Brown
Y Brush YBuck Y Buckner YByrd Y Campbell
Y Canty Y Carrell Y Carter
Y Chafin Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark,H

Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth
Cummings,B Y Cummings,M Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Edwards Y Elliott Y Felton Y Fennel Floyd,J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin
Y Groover Hamilton
Y Hammond Manner
Y Harris.B Y Harris,J Y Heard Y Henson

Y Herbert Y Hightower
Holland Y Holmes
Y Howard Y Hudson
Ylrwin Y Jackson
Y Jamieson Y Jenkins
Y Jones Y Kilgore YKing E Kingston Y Klein YLadd Y Lane,D Y LaneJR E Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas
Lupton YMann
Martin Y McCoy Y McKelvey
McKinney.B
Y McKinney.C Y Meadows Y Merritt Y Milam
Y Mills

Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr Y Orrock
Y Padgett Y Parham Y Parrish
Y Patten Y Pelote Y Perry
Pettit Y Pinholster
Pinks ton YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Purcell
Y Randall YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L

On the passage of the Bill, the ayes were 156, nays 0. The Bill, having received the requisite constitutional majority, was

Y Smith.P Y Smith.T Y Smith.W Y Smyre YSnow Y Stancil.F Y Stancil,S
Y Stanley Y Stephens
Y Streat Y Taylor
Teper Y Thomas.C Y Thomas.M Y Thomas.N
Thurmond Y Titus Y Tolbert
Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker,L Y Wall Y Ware
Y Watson Y Watts
White Y Wilder Y Williams,B
Williams.J Y Williams.R Y Yeargin
Murphy,Spkr

Representatives Hamilton of the 124th and Pettit of the 19th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

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JOURNAL OF THE HOUSE,

HB 555. By Representatives Birdsong of the 104th, Dixon of the 128th, Street of the 139th, Stanley of the 33rd and Heard of the 43rd:
A bill to amend Title 51 of the Official Code of Georgia Annotated, relating to torts, so as to provide for immunity from liability of certain persons who provide volunteer transportation services.
The following Committee substitute was read and adopted:
A BILL
To amend Title 51 of the Official Code of Georgia Annotated, relating to torts, so as to provide for immunity from liability of certain persons who provide volunteer transportation services; to provide for definitions; 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 51 of the Official Code of Georgia Annotated, relating to torts, is amended by adding a new Code Section 51-1-42 to read as follows:
"51-1-42. (a) As used in this Code section, the term: (1) 'Charitable organization' means any charitable unit of a religious or civic group,
including those supported wholly or partially by private donations. (2) 'Human service agency' means any human service unit, clinic, senior citizens
program, congregate meal center, or day-care center for the elderly, whether supported wholly or partially from public funds.
(3) 'Volunteer transportation* means motor vehicle transportation provided by an individual under the direction, sponsorship, or supervision of a human service agency or a charitable organization. A volunteer may receive reimbursement for actual expenses or an allowance to defray expenses of operating the vehicle used to provide transportation services but shall not receive compensation for his or her time, (b) Any person who provides volunteer transportation for senior citizens shall not be liable for any civil damages for any injury to such senior citizens arising out of or resulting from such transportation if such person was acting in good faith within the scope of his or her official actions and duties and unless the conduct of such person amounts to willful and wanton misconduct."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
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, by substitute, the roll call was ordered and the vote was as follows:

Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot
Bargeron Y Barnett.B Y Barnett,M Y Bates
Y Beatty Y Benefield Y Birdsong Y Blitch
Bordeaux Y Bostick

Y Branch Y Breedlove Y Brooks
Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell Y Canty
Carrell Y Carter
Y Chafm Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark.H

Y Clark,L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B
Cummings.M Y Davis,G Y Davis.M
Dixon.H Y Dixon.S
Y Dobbs Y Dover Y Dunn
Edwards Elliott Y Felton

Y Fennel Floyd,J.M
Y FloydJ.W Y Flynt Y Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover Y Hamilton
Y Hammond Y Hanner Y Harris.B Y Harris,J Y Heard Y Henson

Y Herbert Y Hightower
Holland Y Holmes Y Howard Y Hudson
Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore
Y King E Kingston Y Klein Y Ladd Y Lane.D Y Lane.R

TUESDAY, MARCH 5, 1991

1675

E Langford Y Lawrence Y Lawson
YLee YLong YLord Y Lucas
Lupton
YMann Martin
Y McCoy Y McKelvey
McKinney,B McKinney,C
Y Meadows Y Merritt
Y Milam Y Mills

Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr
Orrock Y Padgett YParham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston

YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Purcell Y Randall YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill
Simpson Sinkfield Y Skipper Y Smith.L

Y Smith.P Y Smith.T Y Smith.W YSmyre YSnow Y Stancil,F Y Stancil,S
Y Stanley Y Stephens
Y Streat Y Taylor YTeper Y Thomas.C Y Thomas.M Y Thomas.N
Thurmond Y Titus Y Tolbert

Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall
Ware Y Watson Y Watts
White Y Wilder Y Williams.B
Williams.J
Y Williams,R Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 150, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 728. By Representatives Lucas of the 102nd, Green of the 106th, McKelvey of the 15th, Davis of the 29th, Long of the 142nd and others:
A bill to regulate the use and nonuse of legal agricultural products; to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions regarding offenses against public health and morals, so as to change certain provisions relating to smoking in public places.

The following Committee substitute was read:

A BILL
To regulate the use and nonuse of legal agricultural products; to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions regarding offenses against public health and morals, so as to change certain provisions relating to smoking in public places; to provide for legislative intent; to provide for definitions; to regulate smoking in public buildings and public meetings; to provide for smoking and nonsmoking areas; to provide for posting signs; to provide for criminal penalties; to provide for preemption; to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to prohibit employment discrimination based upon the use of legal agricultural products; to provide for a declaration of legislative intent and public policy; to provide for definitions; to provide for prohibition of discriminatory employment practices; to prohibit certain actions because of complaints; to provide for penalties; to provide for remedies of an aggrieved employee; to provide when actions may be commenced; to provide for applicability and preemption; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions regarding offenses against public health and morals, is amended by striking Code Section 16-12-2, which reads as follows:
"16-12-2. (a) A person who smokes tobacco in any form in any of the following public places shall be guilty of a misdemeanor:
(1) An enclosed elevator which is used by or open to the public and which is clearly designated by a no-smoking sign;
(2) Any place on a public transportation vehicle which is used by the public and which is clearly designated by a no-smoking sign; or

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(3) Any area which is used by or open to the public and which is clearly designated by a no-smoking sign. (b) A person convicted of violating subsection (a) of this Code section shall be punished by a fine of not less than $10.00 nor more than $100.00. (c) This Code section shall be cumulative to and shall not prohibit the enactment of any other general and local laws, rules and regulations of state or local agencies, and local ordinances prohibiting smoking which are more restrictive than this Code section.",
in its entirety and inserting in lieu thereof a new Code Section 16-12-2 to read as follows: "16-12-2. (a) It is the intent of the General Assembly to address the needs and con-
cerns of both smokers and nonsmokers in areas which are used by and open to the public and by providing for designated smoking areas.
(b) As used in this Code section, the term: (1) 'Government' shall mean the state of Georgia or any political subdivision
thereof, any municipality, or any public authority or body created by any statute, ordinance, or regulation of any such entity.
(2) 'Public buildings' means the following enclosed indoor areas which are generally open to the licensed or invited public:
(A) Arenas; (B) Auditoriums; (C) Government buildings; (D) Jury waiting and deliberation rooms;
(E) Nursing homes; (F) Public mass transportation terminals; and (G) Places of employment in government buildings.
(3) 'Public meeting' means all government and private meetings open to the public.
(4) 'Smoking' means possession or use of a lighted cigarette, lighted cigar, lighted pipe, or any other lighted tobacco product.
(5) 'Smoking area' means any designated area meeting the requirements provided for in subsections (d) and (e) of this Code section; provided, however, that such area shall not include any area where smoking would not be permitted pursuant to the state minimum fire safety standards pursuant to Chapter 2 of Title 25 or pursuant
to any federal law or regulation.
(c) No person shall smoke in: (1) An enclosed elevator which is used by or open to the public and which is clearly
designated by a no-smoking sign; or (2) Any place on a public transportation vehicle which is used by the public and
which is clearly designated by a no-smoking sign. (d) No adult person shall smoke in a public building or at a public meeting except
in a designated smoking area. The person in charge of a public building or meeting may establish nonsmoking areas. If nonsmoking areas are established, areas of such building
shall be designated where smoking is permitted. Where a smoking area is designated, existing physical barriers and ventilation systems shall be used to minimize smoke in
adjacent nonsmoking areas. This subsection shall not be construed to require fixed structural or other physical modifications in providing these areas or to require opera-
tion of any existing heating, ventilating, and air-conditioning system in any manner which decreases its energy efficiency or increases its electrical demand, or both, nor shall
this provision be construed to require installation of new or additional heating, ventilat-
ing, and air-conditioning systems. (e) The person in charge of a public building shall conspicuously post or cause to be
posted, in any area designated as a smoking or nonsmoking area, signs stating that
smoking is or is not permitted in such area. (f) A person convicted of violating subsection (c) of this Code section shall be pun-
ished by a fine of not less than $10.00 nor more than $100.00. (g) Except as otherwise provided in this Code section, this Code section shall super-
sede and prohibit the enactment of any other local laws, rules and regulations of state or local agencies, and local ordinances regulating the use of tobacco products, which are
more restrictive than this Code section."

TUESDAY, MARCH 5, 1991

1677

Section 2. Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended by adding a new chapter after Chapter 5, to be designated Chapter 5A, to read as follows:
"CHAPTER 5A
34-5A-1. The General Assembly declares that the practice of discriminating in employment on the basis of the use of legal agricultural products by a disparity of wages, hiring, promotion, or termination, or conditions of employment discriminates against persons who legally use agricultural products; leads to low worker morale, high turnover, and labor unrest; discourages workers paid at the lesser wage rates from training for higher level jobs; curtails employment opportunities; decreases mobility of workers and increases labor costs; and prevents optimum utilization of the labor resources available to employers. It is declared to be the policy of the State of Georgia to eliminate, by the exercise of the police powers of this state, discriminatory wage and employment practices based upon the use of legal agricultural products.
34-5A-2. As used in this chapter, the term: (1) "Employ' means to permit to work. (2) 'Employee' means any individual employed by an employer, other than domes-
tic employees, and includes individuals employed by the state or any of its political subdivisions, including public bodies.
(3) 'Employer' means any person employing one or more employees and acting directly or indirectly in the interest of an employer in relation to an employee. The term 'employer,' as used in this chapter, means an employer who is engaged in intrastate or interstate commerce.
(4) 'Legal agricultural product' means any derivative of any agricultural commodity as defined in paragraph (2) of Code Section 2-8-11, including peanuts, that is produced within or outside of this state that is not a controlled substance or marijuana, as defined in paragraphs (4) and (16) of Code Section 16-13-21, or Code Section 16-13-71, respectively, that is not an alcoholic beverage, as defined in paragraph (2) of Code Section 3-1-2, and that is not otherwise prohibited by law.
(5) 'Use of a legal agricultural product' means the actual use, possession, or use and possession of a lighted or unlighted tobacco product. 34-5A-3. (a) No employer having employees subject to any provisions of this chapter shall discriminate, within any establishment in which such employees are employed, between employees on the basis of the use or nonuse of legal agricultural products outside the place of his or her employment for equal work in jobs which require equal skill, effort, and responsibility and which are performed under similar working conditions. Prohibited discrimination shall include, but not be limited to, taking into account an employee's use or nonuse of legal agricultural products outside the place of his or her employment in any of the following activities:
(1) Paying wage rates to employees for equal work in jobs which require equal skill, effort, and responsibility and which are performed under similar working conditions;
(2) Hiring, terminating, demoting, or promoting an employee; or (3) Altering any conditions, privileges, or prerequisites of employment. An employer who is paying a wage rate differential or otherwise discriminating with respect to employment in violation of this subsection shall not, in order to comply with this subsection, reduce the wage rate or change any condition of employment of any employee. (b) It shall be unlawful for any person to cause or attempt to cause an employer to discriminate against any employee in violation of this chapter. (c) It shall be unlawful for any person to discharge or in any other manner discriminate against any employee covered by this chapter because such employee has made a complaint to his employer or any other person or has instituted or caused to be instituted any proceeding or suit under or related to this chapter or has testified or is about to testify in any such proceedings. Any person who violates any provision of this subsection shall, upon conviction thereof, be guilty of a misdemeanor and punished by a fine not to exceed $100.00

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34-5A-4. (a) Any employer who violates Code Section 34-5A-3 shall be liable to the employee affected in the amount of his or her unpaid wages and shall be required to reinstate the aggrieved employee to the same or a similar position of employment.
(b) Court action under this Code section may be commenced no later than two years after the cause of action accrues.
34-5A-5. Except as otherwise provided in this chapter, this chapter shall supersede and prohibit the enactment of any other local laws, rules and regulations of state or local agencies, and local ordinances or resolutions regulating the use of legal agricultural products, which are more restrictive than this Code Section."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and lost.

Representative Poston of the 2nd moves to amend the Committee substitute to HB 728 as follows:
Strike Page 1, strike page 2, strike page 3, strike page 4 lines 1-31.

On the adoption of the Committee substitute, the ayes were 58, nays 63. The Committee substitute was rejected.

The following substitute, offered by Representative Hamilton of the 124th was read and lost:

A BILL
To regulate the use and nonuse of legal agricultural products; to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions regarding offenses against public health and morals, so as to change certain provisions relating to smoking in public places; to provide for definitions; to regulate smoking in public buildings; to provide for posting signs; to provide for criminal penalties; to provide for preemption; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions regarding offenses against public health and morals, is amended by striking Code Section 16-12-2, which reads as follows:
"16-12-2. (a) A person who smokes tobacco in any form in any of the following public places shall be guilty of a misdemeanor:
(1) An enclosed elevator which is used by or open to the public and which is clearly designated by a no-smoking sign;
(2) Any place on a public transportation vehicle which is used by the public and which is clearly designated by a no-smoking sign; or
(3) Any area which is used by or open to the public and which is clearly designated by a no-smoking sign. (b) A person convicted of violating subsection (a) of this Code section shall be punished by a fine of not less than $10.00 nor more than $100.00. (c) This Code section shall be cumulative to and shall not prohibit the enactment of any other general and local laws, rules and regulations of state or local agencies, and local ordinances prohibiting smoking which are more restrictive than this Code section.", in its entirety and inserting in lieu thereof a new Code Section 16-12-2 to read as follows: (a) As used in this Code section, the term:
(1) 'Government' shall mean the state of Georgia or any political subdivision thereof, any municipality, or any public authority or body created by any statute, ordinance, or regulation of any such entity.

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1679

(2) 'Public buildings' means the following enclosed indoor areas which are generally open to the licensed or invited public:
(A) Arenas; (B) Auditoriums; (C) Government buildings; (D) Jury waiting and deliberation rooms; (E) Nursing homes; (F) Public mass transportation terminals; and (G) Places of employment in government buildings. (3) 'Smoking' means possession or use of a lighted cigarette, lighted cigar, lighted pipe, or any other lighted tobacco product. (c) No person shall smoke in: (1) An enclosed elevator which is used by or open to the public; or (2) Any place on a public transportation vehicle which is used by the public. (d) No adult person shall smoke tobacco in any form except by pipe in a public building or at a public meeting. (e) The person in charge of a public building shall conspicuously post or cause to be posted in such buildingsigns stating that smoking except pipe smoking is not permitted in such building. (f) A person convicted of violating subsection (c) of this Code section shall be punished by a fine of not less than $10.00 nor more than $100.00. (g) Except as otherwise provided in this Code section, this Code section shall supersede and prohibit the enactment of any other local laws, rules and regulations of state or local agencies, and local ordinances regulating the use of tobacco products, which are more restrictive than this Code section."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Reaves of the 147th, was read and adopted:

A BILL
To amend Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions with regard to labor and industrial relations, so as to provide that it shall be unlawful for an employer to discharge an employee for using legal agricultural commodities off the premises of the employer during nonworking hours; to provide for liability of the employer; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions with regard to labor and industrial relations, is amended by adding at the end thereof a new Code Section 34-1-4 to read as follows:
"34-1-4. (a) It shall be unlawful for any employer or the agent of such employer to refuse to hire any individual or to discharge any employee or otherwise to disadvantage or penalize any employee with respect to compensation, terms, conditions, or privileges of employment because such individual uses legal agricultural commodities off the premises of the employer during nonworking hours.
(b) Any employer or agent of such employer who violates subsection (a) of this Code section shall be liable to the injured individual or employee for all actual damages thereby suffered by such person and for reasonable attorney's fees incurred by the person in asserting a successful claim under this Code section."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, by substitute.

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JOURNAL OF THE HOUSE,

Ounn tinhe passage o01f tmhe Bcmill, bay subostuiituite, tmhe ayes were 91i, nays 5o6o.
TT he Bill, having received the requisite constitutional majority, was passed, by substitute?.

Representative Ladd of the 44th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the House:

HB 728. By Representatives Lucas of the 102nd, Green of the 106th, McKelvey of the 15th, Davis of the 29th, Long of the 142nd and others:
A bill to regulate the use and nonuse of legal agricultural products; to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions regarding offenses against public health and morals, so as to change certain provisions relating to smoking in public places.

On the motion, the ayes were 46, nays 81. The motion was lost.

Representative Ladd of the 44th moved the "ayes" and "nays" on the passage of HB 728.
The motion was not sustained.

HB 902. By Representatives Ware of the 77th, Dunn of the 73rd, Ricketson of the 82nd and Jones of the 71st:
A bill to amend Chapter 5 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of unauthorized insurers, so as to provide that, with respect to an action filed against an unauthorized insurer, service of process upon the Commissioner of Insurance shall only be used when an alternative method of service cannot be effectuated.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 792. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to authorize the State Board of Education, if requested by a local school district or system, to withhold state moneys to pay bonded indebtedness of such local school district or system.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Abernathy Adams
Y Aiken

Y Alford Y Atkins
Baker

Y Balkcom Y Barfoot Y Bargeron

Y Barnett.B N Barnett.M
Bates

Y Beatty Y Benefield Y Birdsong

TUESDAY, MARCH 5, 1991

1681

Y Blitch
Y Bordeaux
Y Bostick
Y Branch
Y Breedlove
Y Brooks
Y Brown
Y Brush
YBuck
Y Buckner Byrd
Y Campbell Y Canty Y Carrell Y Carter
Chafm Y Chambless Y Cheeks Y Childers Y Clark,E
Clark,H Y Clark,L Y Coker Y Coleman Y Colwell Y Connell
Culbreth Cummings,B Cummings.M Y Davis.G Y Davis,M Y Dixon.H Y Dixon,S

YDobbs Dover
Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd.J.W YFlynt YGodbee
Golden YGoodwin Y Green Y Greene Y Griffin
Groover Y Hamilton
Hammond
Y Manner
Y Harris.B
Y Harris,J Heard
Y Henson Y Herbert Y Hightower Y Holland
Y Holmes Y Howard
Y Hudson Y Irwin Y Jackson
Y Jamieson

Y Jenkins Y Jones Y Kilgore YKing E Kingston Y Klein YLadd Y Lane,D Y Lane,R E Langford Y Lawrence Y Lawson YLee
Long Lord Y Lucas Lupton YMann
Y Martin Y McCoy Y McKelvey Y McKinney.B N McKinney.C Y Meadows Y Merritt YMilam Y Mills Y Mobley
Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C

Oliver.M YOrr
Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinks ton YPoag Y Porter
YPoston PowelU
Y Powell,C Y Purcell YRandall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill
Y Simpson Y Sinkfleld Y Skipper Y Smith,L Y Smith,P
Smith.T Y Smith.W

Y Smyre YSnow Y Stancil,F Y Stancil.S Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas,N Y Thurmond Y Titus
Y Tolbert Towmend
Y Turnquest
Y Twiggs Y Valenti
Y Vaughan Y Walker,J
Walker.L Y Wall
Y Ware Y Watson Y Watts Y White
Wilder Y Williams,B
Williams ,J Y Williams,R Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 148, nays 2. The Bill, having received the requisite constitutional majority, was passed.

Representative Hammond of the 20th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 654. By Representatives Davis of the 29th, Jamieson of the llth, Murphy of the 18th, Orrock of the 30th, Sinkfield of the 37th and others:
A bill to amend Article 5 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the commission on the status of women, so as to provide for creation of the commission on women.

The following Committee substitute was read and adopted:

A BILL
To amend Article b of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the commission on the status of women, so as to provide for creation of the Georgia Commission on Women; to provide for the appointment of members; to provide for the powers, duties, and authority of the commission; to provide for compensation; to provide for publication of an annual report; to abolish the commission on the status of women; 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 5 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the commission on the status of women, is repealed in its entirety and a new Article 5 shall read as follows:

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"ARTICLE 5
50-12-80. (a) There is created the Georgia Commission on Women. The commission shall be composed of 15 members to be appointed as follows:
(1) Five members shall be appointed by the Governor; (2) Five members shall be appointed by the President of the Senate; and (3) Five members shall be appointed by the Speaker of the House of Representatives. (b) The members of the commission shall be women and men of recognized ability and achievement. All vacancies shall be filled for the unexpired term by the original appointing official. Members shall serve for terms of six years and no member may serve for more than two consecutive terms. 50^12-81. The commission shall elect a chairman, vice chairman, and a secretary from among its members for terms of two years, and any member shall be eligible for successive election to such office by the commission. A quorum for transacting business shall be a majority of the members of the commission. 50-12-82. (a) The commission shall have the following powers and duties: (1) To determine the scope and nature of the studies and research to be undertaken by the commission, including, but not limited to:
(A) Educational needs of and opportunities for women; (B) Social security and tax laws as they affect women; (C) Women's health issues; (D) Political, legal, civil, property, and social rights of women; and (E) Employment policies in the public and private sector and their impact on the wage-earning capacity of women; (2) To collect and disseminate information regarding the status of women in the State of Georgia and the nation; (3) To review and analyze the laws of the State of Georgia and their impact on the lives of the women of this state; (4) To consult with and advise the Governor, and any state department, agency, board, commission, or authority on matters pertaining to women; (5) To cooperate with the government of the United States and the governments of other states in programs relating to women; (6) To promote, encourage, and provide advisory assistance to state, local, and Community women's professional, business, and civic organizations; (7) To accept public or private grants, devises, and bequests; and (8) To hold public hearings, conduct studies, or take any other action the commission deems necessary to fulfill its responsibilities. (b) The commission shall be authorized to enter into all contracts or agreements necessary or incidental to the performance of its duties. (c) All executive departments, agencies, boards, commissions, and authorities shall cooperate with the commission in the performance of its duties. 50-12-83. The members of the commission shall receive a per diem not to exceed that provided for members of the General Assembly or shall be reimbursed for expenses incurred while conducting the business of the commission from public or private grants, devises, or bequests received by the commission. 50-12-84. The commission shall publish an annual report summarizing the activities, findings, and recommendations of the commission. The report shall be submitted to the Governor, the President of the Senate, the Speaker of the House of Representatives, and all members of the Senate and the House of Representatives not later than November 1 of each year."
Section 2. This Act shall become effective July 1, 1991, except that it shall become effective upon the approval of the Governor or upon its becoming law without his approval for the purpose of appointment of members of the commission. The commission shall hold its organizational meeting not later than August 15, 1991.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

TUESDAY, MARCH 5, 1991

1683

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, by substitute, the roll call was ordered and the vote was as follows:

Y Abernathy Adams
Y Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot
Bargeron Y Barnett,B Y Barnett.M
Bates Y Beatty
Benefield Birdsong Y Blitch Y Bordeaux Y Bostick Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell
Y Canty Carrell
Y Carter Y Chafm Y Chambless Y Cheeks Y Childers Y Clark,E
Clark.H

Clark.L Coker Y Coleman Y Colwell Y Connell Y Culbreth Cummings,B Cummings,M Y Davis.G Y Davis.M Y Diion.H
Y Dixon.S Y Dobbs
Dover YDunn Y Edwards Y Elliott
Y Felton Y Fennel Y Floyd,J.M
Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Banner Y Harris,B Y Harris,J Y Heard Y Henson

Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Ylrwin Y Jackson
Y Jamieson Y Jenkins
Y Jones Y Kilgore YKing E Kingston Y Klein YLadd Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney.B McKinney.C Y Meadows Y Merritt N Milam Y Mills

Y Mobley Moody
Y Morsberger Y Moultrie N Mueller Y Oliver.C
Oliver.M
YOrr Y Orrock
Y Padgett Y Parham
Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter
YPoston Powell,A
Y Powell.C Y Purcell Y Randall YRay
Reaves
Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper
Y Smith,L

Y Smith.P Smith.T
Y Smith,W Y Smyre YSnow Y Stancil.F Y Stancil,S Y Stanley Y Stephens
Y Streat Y Taylor Y Teper Y Thomas.C
Y Thomas.M Y Thomas,N Y Thurmond N Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J
Walker.L Y Wall N Ware Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams,J Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 150, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Carrell of the 65th, Clark of the 13th and McKinney of the 40th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 366. By Representatives Mills of the 20th, Murphy of the 18th, Childers of the 15th, Walker of the 115th, Oliver of the 53rd and others:
A bill to amend Article 1 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to homicides, so as to change certain requirements regarding the time within which death must occur with respect to homicides.

The following amendment was read and adopted:

Representative Mills of the 20th moves to amend HB 366 by striking on lines 4 and 5 of page 1 the following:
"to provide for an effective date and applicability;".

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JOURNAL OF THE HOUSE,

By striking Section 2 in its entirety and renumbering Section 3 as Section 2.

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, as amended, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom YBarfoot Y Bargeron
Barnett,B Y Barnett,M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux
Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell
Y Canty Y Carrell Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.H

Y Clark,L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings.M Y Davis.G Y Davis.M Y Dixon,H Y Dixon.S Y Dobbs Y Dover Y Dunn
Y Edwards Y Elliott Y Felton Y Fennel Y FloydJ.M
Floyd,J.W YFlynt Y Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin
Groover Y Hamilton
Y Hammond Hanner
Y Harris.B Y Harris,J
Heard Y Henson

Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Ylrwin Y jackson Y Jamieson Y Jenkins
Jones Y Kilgore
King E Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson
YLee YLong
YLord Lucas
Y Lupton YMann Y Martin
Y McCoy Y McKelvey
Y McKinney.B Y McKinney.C Y Meadows
Y Merritt YMilam Y Mills

Y Mobley Moody
Y Morsberger Y Moultrie Y Mueller Y Oliver.C
Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten
Pelote Y Perry Y Pettit Y Pinholster
Pinks ton YPoag Y Porter
Y Poston Y Powell,A
Y Powell.C Y Purcell Y Randall YRay
Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L

Y Smith.P Y Smith.T Y Smith, W Y Smyre YSnow Y Stancil,F
Stancil.S Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas,M Y Thomas.N Y Thurmond
Y Titus Tolbert
Y Townsend
Y Turnquest Y Twiggs Y Valenti
Y Vaughan Y Walker,J Y Walker.L Y Wall Y Ware Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams ,3 Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, as amended, the ayes were 162, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

The Speaker Pro Tern assumed the Chair.

HB 244. By Representatives Cummings of the 134th and Chambless of the 133rd:
A bill to amend Code Section 42-5-64 of the Official Code of Georgia Annotated, relating to educational programs for prisoners, so as to provide that prisoners who test below the fifth-grade level on standardized reading tests and who are incarcerated for a period of six months or longer shall be required to attend educational instruction.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 42-5-64 of the Official Code of Georgia Annotated, relating to educational programs for inmates, so as to provide that inmates who test below the

TUESDAY, MARCH 5, 1991

1685

fifth-grade level on standardized reading tests and who are incarcerated for a period of one year or longer shall be required to attend educational instruction; to provide that inmates may voluntarily withdraw from such instruction after 90 school days; to provide for exceptions; to provide that the State Board of Pardons and Paroles shall incorporate participation in such educational program into the parole guidelines; to provide for a conditional effective date and for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 42-5-64 of the Official Code of Georgia Annotated, relating to educational programs for inmates, is amended by striking in its entirety subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The commissioner shall maintain an educational program within the state prison system to assist inmates in achieving at least a fifth-grade level on standardized reading tests. Inmates who test below the fifth-grade level wiH and who have been sentenced to incarceration for a period of one year or longer shall be encouraged required by institutional staff to attend appropriate classes until they attain this level or until they are released from incarceration, whichever event occurs first; provided, however, that inmates who have remained in the educational program for 90 school days may voluntarily withdraw thereafter. The commissioner or his designee shall have the discretion to exclude certain inmates from the provisions of this subsection due to the inability of such inmates to benefit from an educational program for reasons which may include: custody status, particularly of those inmates under a death sentence; mental handicap or physical illness; participation in a boot camp program; or possession of a general education diploma or high school diploma. The State Board of Pardons and Parole shall incorporate satisfactory participation in such an educational program into the parole guidelines adopted pursuant to Code Section 42-9-40."
Section 2. This Act shall become effective only when funds are specifically appropriated for purposes of this Act in an Appropriations Act making specific reference to this Act. This Act shall apply to those inmates sentenced to the Department of Corrections after its effective date.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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, by substitute, the ayes were 117, nays 6.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 455. By Representative Twiggs of the 4th:
A bill to amend Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to securing the attendance of witnesses and the preservation and production of evidence, so as to change the per diem and mileage fees for witnesses; to change certain requirements regarding tender of fees.

The following Committee substitute was read:

A BILL
To amend Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to securing witnesses and preservation of evidence, so as to change certain witness fees to be paid to law enforcement officers; to mandate payment of witness fees in criminal cases to certain state law enforcement officers; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to securing witnesses and preservation of evidence, is amended by striking subsection (a) of Code Section 24-10-27, relating to witness fees for law enforcement officers, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Notwithstanding any other provision in this article, any member of the Georgia State Patrol, Georgia Bureau ef Investigation, er a municipal or county police force or any deputy sheriff e* a*y correctional officer or any campus policeman as defined in Code Section 20-8-1 or any arsea investigator ef the state fife marshal's office or a member of a local fire department who shall be required by writ of subpoena to attend any superior court, other courts having jurisdiction to enforce the penal laws of this state, municipal court having jurisdiction to enforce the penal laws of this state as provided by Code Section 40-13-21, juvenile court, or grand jury, or hearing or inquest held or called by a coroner, or magistrate court involving any criminal matter, as a witness on behalf of the state during any hours except the regular duty hours to which the officer is assigned, may be paid for such attendance at a fixed rate to be established by the governing authority, but not less than $20.00 $25.00 per diem. The claim for the witness fees shall be endorsed on the subpoena showing the dates of attendance and stating that attendance was required during the hours other than the regular duty hours to which the claimant was assigned. The claimant shall verify this statement. The dates of attendance shall be certified by the judge or the prosecuting attorney of the court ittended. L lie director ot trie \j cor^jifl ouredti ot inves11fition of ftis designccs, trie com mcufiuin^ oilleer of trie Lreor^fifl btfltc rfltroi o? 1113 desi^jnees, trie cruet 01 ponce, tne sheriff, the superintendent ei the institution, the director of public safety of a college or university, e* the state fire marshal or the local fire chief shall certify that the claimant has not received any overtime pay for his attendance and that his attendance was required during hours other than regular duty hours. The amount due may be paid by the governing body authorized to dispense public funds for the operation of the court. However, no such officer may claim or receive more than one witness fee per day for attendance in any court or before the grand jury regardless of the number of subpoenas which the officer may have received requiring him to appear in such court or before the grand jury on any one day."
Section 2. Said chapter is further amended by adding a new Code Section 24-10-27.1 to read as follows:
"24-10-27.1 Notwithstanding any other provision in this article, any member of the Georgia State Patrol or Georgia Bureau of Investigation, any correctional officer, or any arson investigator of the state fire marshal's office who shall be required by writ of subpoena to attend any superior court, other courts having jurisdiction to enforce the penal laws of this state, municipal court having jurisdiction to enforce the penal laws of this state as provided by Code Section 40-13-21, juvenile court, or grand jury, or hearing or inquest held or called by a coroner, or magistrate court involving any criminal matter, as a witness on behalf of the state during any hours except the regular duty hours to which the officer is assigned, shall be paid for such attendance at a fixed rate to be established by the governing authority, but not less than $25.00 per diem. The claim for the witness fees shall be endorsed on the subpoena showing the dates of attendance and stating that attendance was required during the hours other than the regular duty hours to which the claimant was assigned. The claimant shall verify this statement. The dates of attendance shall be certified by the judge or the prosecuting attorney of the court attended. The director of the Georgia Bureau of Investigation or his designees, the commanding officer of the Georgia State Patrol or his designees, the superintendent of the institution, or the state fire marshal shall certify that the claimant has not received any overtime pay for his attendance and that his attendance was required during hours other than regular duty hours. The amount due may be paid by the governing body authorized to dispense public funds for the operation of the court. However, no such officer may claim or receive more than one witness fee per day for attendance in any court or before

TUESDAY, MARCH 5, 1991

1687

the grand jury regardless of the number of subpoenas which the officer may have received requiring him to appear in such court or before the grand jury on any one day."

Section 3. All laws and parts of laws in conflict with this Act are repealed.
The following amendments were read and adopted:
Representative Twiggs of the 4th moves to amend the Committee substitute to HB 455 as follows:
"shalBl"y. striking the word "may" on line 31 page 3 and inserting in lieu thereof the word
Representative Wall of the 61st moves to amend the Committee substitute to HB 455 by adding on line 5 of page 1 after the word "criminal" and before the word "cases" the following:
"and civil".
By adding on line 12 of page 1 after "(a)" and before the word "of the following:
"and paragraph (1) of subsection (b)".
By adding between lines 31 and 32 of page 2 the following:
'"(1) Notwithstanding any other provision in this article except paragraph (2) of this subsection, any member of the Georgia State Patrol, Georgia Bureau ef Investigation, e* a municipal or county police force or any deputy sheriff any correctional office* or any campus policeman as defined in Code Section 20-8-1 or any arson investigator of the state fire marshal's office or a member of a local fire department who shall be required by writ of subpoena to attend any court of this state with respect to any civil case, as a witness concerning any matter relative to the law enforcement duties of such officer during any hours except the regular duty hours to which the officer is assigned, may be paid for such attendance at a fixed rate to be established by the governing authority, but not less than $20.00 $25.00 per diem. Any such officer shall also be entitled to the mileage allowance provided in Code Section 24-10-24 when such officer resides outside the county where the testimony is to be given. The claim for the witness fees shall be endorsed on the subpoena showing the dates of attendance and stating that attendance was required during the hours other than the regular duty hours to which the claimant was assigned. The claimant shall verify this statement. The dates of attendance shall be certified by the party obtaining the subpoena. The directer ef the Georgia Bureau ef Investigation e* his designcca, the commanding officer ef- the Georgia State Patrol * his dcsignccs, the chief of police, the sheriff, the saperintcndcnt of the institution, the director of public safety of a college or university, the state fife marshal, or the local fire chief shall certify that the claimant has not received any overtime pay for his attendance and that his attendance was required during hours other than regular duty hours."'
By adding on line 1 of page 3 after "24-10-27.1" and before the word "Notwithstanding" the following:
"(a)".
By striking the quotation marks on line 4 of page 4 and adding between lines 4 and 5 of page 4 the following:
"(b) (1) Notwithstanding any other provision in this article except paragraph (2) of this subsection, any member of the Georgia State Patrol, Georgia Bureau of Investigation, any correctional officer, or any arson investigator of the state fire marshal's office

1688

JOURNAL OF THE HOUSE,

who shall be required by writ of subpoena to attend any court of this state with respect to any civil case, as a witness concerning any matter relative to the law enforcement duties of such officer during any hours except the regular duty hours to which the officer is assigned, shall be paid for such attendance at a fixed rate to be established by the governing authority, but not less than $25.00 per diem. Any such officer shall also be entitled to the mileage allowance provided in Code Section 24-10-24 when such officer resides outside the county where the testimony is to be given. The claim for the witness fees shall be endorsed on the subpoena showing the dates of attendance and stating that attendance was required during the hours other than the regular duty hours to which the claimant was assigned. The claimant shall verify this statement. The dates of attendance shall be certified by the party obtaining the subpoena. The director of the Georgia Bureau of Investigation or his designees, the commanding officer of the Georgia State Patrol or his designees, the superintendent of the institution, or the state fire marshal shall certify that the claimant has not received any overtime pay for his attendance and that his attendance was required during hours other than regular duty hours.
(2) Any officer covered by paragraph (1) of this subsection who is required by writ of subpoena to attend any court with respect to any civil case, as a witness concerning any matter which is not related to the duties of such officer, shall be compensated as provided in Code Section 24-10-24."'

The Committee substitute, as amended, was adopted.

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, by substitute, as amended, the ayes were 115, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

HB 824. By Representative Twiggs of the 4th:
A bill to amend Chapter 13 of Title 43 of the Official Code of Georgia Annotated, "The Driver Training School License Act," so as to change provisions relating to the minimum required surety bond; to change provisions establishing fees for applications and examinations.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 122, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 693. By Representatives Dobbs of the 74th, Pettit of the 19th, Heard of the 43rd and Lane of the lllth:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, so as to provide that no county shall require any private contractor who performs services on his property or on private property pursuant to an agreement with an individual, corporation, partnership, association, or other private entity to purchase from the county any materials used in the construction or repair of any water system, sewer system, storm or drainage system, building, or other facilities on such property.

TUESDAY, MARCH 5, 1991

1689

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, so as to provide that no county shall require any person who performs services on his property or on private property pursuant to an agreement with an individual, corporation, partnership, association, or other private entity to purchase from the county any materials used in the construction or repair of any water system, sewer system, storm or drainage system, building, or other facilities on such property; to provide for applicability with respect to building, construction, electrical, fire, and other such codes; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, is amended by striking in its entirety Code Section 36-1-23, which reads as follows:
"36-1-23. Reserved.", and inserting in lieu thereof a new Code Section 36-1-23 to read as follows:
"36-1-23. No county shall require any person who performs services on his property or on private property pursuant to an agreement with an individual, corporation, partnership, association, or other private entity to purchase from the county any materials used in the construction or repair of any water system, sewer system, storm or drainage system, building, or other facilities on such property. Nothing in this Code section shall affect the authority of a county to enact building, construction, electrical, fire, or other codes which require materials used in the construction or repair of water systems, sewer systems, storm or drainage systems, buildings, or other facilities to meet or satisfy certain standards."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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, by substitute, the ayes were 97, nays 5.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Redding of the 50th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the House:

HB 693. By Representatives Dobbs of the 74th, Pettit of the 19th, Heard of the 43rd and Lane of the lllth:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, so as to provide that no county shall require any private contractor who performs services on his property or on private property pursuant to an agreement with an individual, corporation, partnership, association, or other private entity to purchase from the county any materials used in the construction or repair of any water system, sewer system, storm or drainage system, building, or other facilities on such property.

On the motion, the ayes were 24, nays 77. The motion was lost.

1690

JOURNAL OF THE HOUSE,

HB 561. By Representatives Smith of the 156th, Green of the 106th and Langford of the 7th:
A bill to amend Code Section 12-5-127 of the Official Code of Georgia Annotated, relating to licensing of water well contractors and applications therefor, so as to change the provisions relating to proof of experience in the water well construction business.

The following Committee substitute was read and withdrawn:

A BILL
To amend Code Section 12-5-127 of the Official Code of Georgia Annotated, relating to licensing of water well contractors and applications therefor, so as to change the provisions relating to proof of experience in the water well construction business; to provide that such experience may be proved by the applicant's affidavit; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 12-5-127 of the Official Code of Georgia Annotated, relating to licensing of water well contractors and applications therefor, is amended by striking subsection (c) in its entirety and substituting in lieu thereof a new subsection (c) to read as follows:
"(c) Satisfactory proof of two years' experience in the water well construction business shall be made by the applicant's presenting certified affidavits from eae er mere licensed water weS contractors to the council his affidavit that the applicant he has had at least two years of full-time water well construction experience. Tfee council may require additional references te evaluate th applicant's experience."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Smith of the 156th, was read and adopted:

A BILL
To amend Part 3 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the "Water Well Standards Act of 1985," so as to change the requirements for a water well contractor's or trainee's license; to provide for blanket bonds and blanket irrevocable letters of credit; 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 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the "Water Well Standards Act of 1985," is amended by striking in their entirety subsections (b), (c), and (h) of Code Section 12-5-127, relating to licensing of water well contractors and trainees, and inserting in lieu thereof new subsections (b), (c), and (h), respectively, to read as follows:
"(b) An applicant for a license as a water well contractor shall be required to have two years' experience working in the water well construction business under a licensed water well contractor and shall be required to pass an examination administered by the council. The examination may be written, oral, or practical work, or any combination of the three. The examination shall relate to the applicant's knowledge of basic ground water, basic well construction, and the general contents of this part.
(c) Satisfactory proof of two years' experience in the water well construction business shall be made by presenting certified affidavits from one or more licensed water well

TUESDAY, MARCH 5, 1991

1691

contractors that the applicant has had at least two years of full-time water well construction experience. The council may require additional references te evaluate the applicant's experience. If the required experience was obtained under two or more licensed water well contractors, then a certified affidavit specifying exact dates of such experience shall be required from each licensed contractor. In lieu of the method described above, an applicant may present other proof satisfactory to the council of two years' experience constructing water wells."
"(h) Any person desiring to engage in the business of water well construction and not meeting the requirements for licensing as a water well contractor may apply to the council for a license as a water well contractor trainee. An applicant for a trainee license shall be required to pass an examination approved by the council. The examination may be written or oral and shall relate to the applicant's knowledge of basic ground water and basic well construction. Upon satisfactory completion of at least two years' experience under the direct supervision of a licensed water well contractor, the trainee may apply for a license as a water well contractor and shall be required to pass an examination approved by the council."
Section 2. Said part is further amended by striking in its entirety paragraph (5) of subsection (a) of Code Section 12-5-129, relating to grounds for revocation of licenses by the council, and inserting in lieu thereof a new paragraph (5) and by adding a new paragraph (6) to read respectively as follows:
"(5) Making substantial misrepresentations or false promises in connection with the occupation of a water well contractorTj and
(6) Failure to provide and maintain on file at all times with the director a performance bond or irrevocable letter of credit as required by Code Section 12-5-135."
Section 3. Said part is further amended by striking in its entirety subsection (d) of Code Section 12-5-135, relating to the requirement of a performance bond or letter of credit, and substituting in lieu thereof a new subsection (d) and by adding a new subsection (f) to such Code section to read respectively as follows:
"(d) The council shall not issue any new license or renew any old license unless the license application is accompanied by a letter from the director or his designee stating that the applicant's bond or letter of credit is acceptable. Pcraona holding liccnaca eufFcntiy must provide SUCH DOHQ to *nc cHrcctor oy August ovj xyoo. p siiurc to proviciB same an acceptable bond or irrevocable letter of credit shall constitute grounds for denial of the issuance or renewal of a license revocation."
"(f) If a business has more than one water well contractor, that business, in lieu of obtaining bonds or irrevocable letters of credit for each individual licensee, may substitute a blanket bond or blanket irrevocable letter of credit for all water well contractors within that business. The blanket bond or blanket irrevocable letter of credit shall be payable to the director in an amount not to exceed $50,000.00."
Section 4. This Act shall become effective upon its approval by the Governor pr upon its becoming law without such approval.
Section 5. All laws and parts of laws in conflict with this Act are repealed.
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, by substitute, the ayes were 99, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 928. By Representative Sehnan of the 32nd:
A bill to amend Chapter 9 of Title 10 of the Official Code of Georgia Annotated, the "Geo. L. Smith II Georgia World Congress Center Act," so as to authorize the Geo. L. Smith II Georgia World Congress Center Authority to obtain and use conviction data, under certain conditions, concerning its officers and employees and prospective officers and employees.

1692

JOURNAL OF THE HOUSE,

The following amendment was read and adopted:

Representatives Selman of the 32nd and Byrd of the 153rd move to amend HB 928 by striking from lines 31 and 32 of page 6 the following:
"any area within 500 feet of. By inserting on line 32 of page 6 following the word "any" the following: "public street or sidewalk adjacent to any". By striking from lines 15 and 16 of page 7 the following: "any area within 500 feet of. By inserting on line 16 of page 7 following the words "boundaries of the following: "any public street or sidewalk adjacent to any".

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, as amended, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Atkins
Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong
Blitch Bordeaux Y Bostick Y Branch Y Breedlove N Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty Carrell Y Carter Y Chafm Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark.H

Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B Y Cummings,M Y Davis.G Y Davis,M
Diion,H Y Dixon.S Y Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton Y Fennel
Y Floyd,J.M Floyd,J.W
Y Flynt YGodbee Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover
Hamilton Y Hammond Y Manner
Y Harris.B Y HarrisJ Y Heard Y Henson

Y Herbert Y Hightower Y Holland
Holmes Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore
YKing E Kingston
Y Klein YLadd Y Lane,D Y Lane,R
Langford Y Lawrence Y Lawson YLee
YLong YLord Y Lucas Y Lupton Y Mann Y Martin YMcCoy Y McKelvey N McKinney.B
McKinney.C Y Meadows Y Merritt Y Milam Y Mills

Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C
Oliver.M YOrr
Orrock Y Padgett YParham
Parrish Y Patten N Pelote Y Perry Y Pettit Y Pinholster Y Pinkston
YPoag Y Porter
Postal Powell,A Y Powell.C Y Purcell Y Randall
YRay Y Reaves
Y Redding Y Ricketson Y Royal
Y Selman Y Sherrill Y Simpson
N Sinkfield Y Skipper
Y Smith,L

Y Smith.P Y Smith.T Y Smith.W YSmyre YSnow Y Stancil,F
Y Stancil,S Stanley
Stephens Streat Y Taylor Y Teper Y Thomas.C Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall Ware Y Watson Y Watts White Y Wilder Y Williams,B Williams,J Y Williams,R
Y Yeargin Murphy,Spkr

On the passage of the Bill, as amended, the ayes were 147, nays 4.
The Bill, having received the requisite constitutional majority, was passed, as amended.

TUESDAY, MARCH 5, 1991

1693

HB 785. By Representative Parham of the 105th:
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 allow imposition of fines for serious traffic offenses; to grant exclusive jurisdiction over traffic offenses committed by persons under 17 years of age to the juvenile courts; to change the age for an offense to be considered a juvenile traffic offense.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Abernathy
Y Adams Y Aiken
Alford Y Atkins
Baker Y Balkcom
Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M
Y Bates Y Beatty Y Benefield
Birdsong Blitch Bordeaux
Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty
Carrell Y Carter Y Chafm Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark,H

Clark.L
Y Coker Y Coleman
Colwell Connell Y Culbreth
Y Cummings.B Cummings.M
Y Davis.G Y Davis,M
Dixon.H Y Dixon.S
Dobbs Dover YDunn Y Kdwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Floyd,J.W Y Flynt YGodbee Y Golden YGoodwin Y Green Y Greene Y Griffin
Y Groover Hamilton
Y Hammond Manner
Y Harris.B Y Harris,J Y Heard Y Henson

Y Herbert Y Hightower Y Holland
Holmes Y Howard
Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing E Kingston Y Klein
YLadd Y Lane.D Y Lane,R Y Langford Y Lawrence Y Lawson
YLee YLong YLord
Lucas Y Lupton
YMann Y Martin
Y McCoy Y McKelvey Y McKinney.B
McKinney.C Y Meadows Y Merritt Y Milam Y Mills

Y Mobley Y Moody
Y Morsberger Y Moultrie Y Mueller
Oliver.C Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Pinkston Poag Y Porter Poston Y Powell,A Y Powell.C Y Purcell
Randall YRay Y Reaves
Redding Y Ricketson Y Royal
Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L

On the passage of the Bill, the ayes were 141, nays 0. The Bill, having received the requisite constitutional majority, was

Y Smith,? Smith.T Smith.W
Y Smyre YSnow Y Stancil.F
Y Stancil.S Stanley
Y Stephens Y Streat Y Taylor Y Teper
Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest
Twiggs Y Valenti Y Vaughan Y Walker.J
Walker ,L Y Wall
Ware Y Watson Y Watts
White Y Wilder Y Williams.B
Williams.J Y Williams,R Y Yeargin
Murphy.Spkr

Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House were taken up for consideration and read the third time:

HR 336. By Representative Padgett of the 86th: A resolution compensating Mr. Marshall D. Coursey.

The following amendment was read and adopted:

The Committee on Appropriations moves to amend HR 336 by deleting on page 1, line 19 and page 2, line 5 "$2,559.17" and inserting in lieu thereof "952.41".

1694

JOURNAL OF THE HOUSE,

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, as amended, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron
Barnett,B Y Barnett,M Y Bates Y Beatty Y Benefield
Birdsong Blitch Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Chafm Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark.H

Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B Y Cummings.M
Y Davis.G Y Davis.M
Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M
Floyd,J.W Y Flynt
Y Godbee Y Golden Y Goodwin
Y Green Y Greene Y Griffin Y Groover
Hamilton Y Hammond
Banner
Y Harris.B Y Harris,J Y Heard Y Henson

Y Herbert Y Hightower
Y Holland Y Holmes Y Howard Y Hudson Ylrwin Y Jackson
Y Jamieson Y Jenkins Y Jones Y Kilgore YKing E Kingston Y Klein
Ladd Y Lane,D Y Lane.R Y Langford Y Lawrence Y Lawson YLee
Long YLord
Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey Y McKinney.B
McKinney.C Y Meadows
Merritt Y Milam Y Mills

Y Mobley Y Moody Y Morsberger Y Moultrie
Y Mueller Y Oliver.C
Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry
Y Pettit Y Pinholster
Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Purcell Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal
Selman Y Sherrill Y Simpson Y Sinkfield
Y Skipper Y Smith.L

Y Smith.P Y Smith.T Y Smith.W Y Smyre Y Snow
Y Stancil.F Y Stancil,S
Stanley
Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus
Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J
Walker.L Y Wall Y Ware Y Watson Y Watts
White Y Wilder Y Williams.B
Williams,J
Y Williams.R Y Yeargin
Murphy.Spkr

On the adoption of the Resolution, as amended, the ayes were 154, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

Representative Ladd of the 44th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 788. By Representatives Milam of the 81st, Long of the 142nd, Twiggs of the 4th, Benefield of the 72nd and Ware of the 77th:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special motor vehicle license plates for certain persons and vehicles, so as to provide for special license plates for veterans of the armed forces of the United States.

The following Committee substitute was read:

A BILL
To amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special motor vehicle license plates for certain persons and vehicles, so as to provide for special license plates for retired veterans of the

TUESDAY, MARCH 5, 1991

1695

armed forces of the United States; to provide for procedures and qualifications for the issuance of such license plates; to provide for the transfer of such license plates between vehicles; to provide for renewal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special motor vehicle license plates for certain persons and vehicles, is amended by adding at the end thereof a new Code Section 40-2-85.1 to read as follows:
"40-2-85.1 (a) Motor vehicle owners who are retired veterans of the armed forces of the United States shall be eligible to receive special and distinctive vehicle license plates, denoting the branch of the armed forces in which such retired veterans served, for private passenger cars, trucks, or recreational vehicles used for personal transportation, provided that the requisite number of applications are received by the commissioner as provided in subsection (b) of this Code section. Such license plates shall be issued in compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed in Article 2 of this chapter.
(b) A retired veteran who qualifies for the special and distinctive license plate pursuant to subsection (a) of this Code section shall make application therefor with the commissioner and include the requisite fee. The commissioner shall retain all applications received for such special and distinctive license plates until a minimum of 250 applications for any branch of the armed forces of the United States have been received. After receipt of 250 applications for such a distinctive license plate for any branch of the armed forces, the commissioner shall design a distinctive license plate as provided in subsection (c) of this Code section and issue the distinctive license plates to present and future qualifying applicants. If the commissioner does not receive the required minimum 250 applications by July 31 of the year preceding the year of issuance of such plates, the commissioner shall not accept any applications for nor issue such distinctive license plates, and all fees shall be refunded to the applicants. The commissioner shall promulgate such rules and regulations as may be necessary to enforce compliance with all state license laws relating to the use and operation of private passenger cars and trucks before issuing these license plates in lieu of the regular Georgia license plates. The manufacturing fee for such special and distinctive license plates shall be $40.00. The commissioner is specifically authorized to promulgate all rules and regulations necessary to ensure compliance in instances where such vehicles have been transferred or sold. Except as provided in subsection (d) of this Code section, such plates shall be nontransferable.
(c) The special and distinctive vehicle license plates shall be as prescribed in Article 2 of this chapter for private passenger cars or trucks used for personal transportation. Additional words or symbols, in addition to the numbers and letters prescribed by law, shall be inscribed upon such license plates so as to identify distinctively the owners as retired veterans of the armed forces of the United States and to designate the branch of the armed forces in which such persons served.
(d) Upon transfer of the ownership of a private passenger vehicle upon which there is a license plate distinctively identifying the owner thereof as such a retired veteran, such plate shall be removed and the authority to use the plate shall thereby be canceled; however, after such a transfer of ownership occurs, should the retired veteran acquire another motor vehicle, the license plate issued pursuant to this Code section may be transferred between vehicles as provided in Code Section 40-2-80.
(e) Special license plates issued under this Code section shall be renewed annually with a revalidation decal as provided in Code Section 40-2-31. It shall be a requirement that a county name decal shall be affixed and displayed on license plates issued under this Code section."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

1696

JOURNAL OF THE HOUSE,

Representatives Parham of the 105th, Harris of the 84th and Milam of the 81st move to amend the Committee substitute to HB 788 by striking from lines 20 through 22 of page 1 the following:
", denoting the branch of armed forces in which such retired veterans served,".
By striking from lines 9 and 10 of page 2 the following: "for any branch of the armed forces of the United States".
By striking from lines 12 and 13 of page 2 the following: "for any branch of the armed forces".
By striking from lines 9 and 10 of page 3 the following: "and to designate the branch of the armed forces in which such persons served".

The Committee substitute, as amended, was adopted:

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, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Abernathy
Adams Y Aiken
Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron
Barnett.B Y Barnett,M Y Bates Y Beatty Y Benefield
Birdsong Y Blitch
Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell
Y Carter Y Chafin Y Chamblesa Y Cheeks Y Childers Y Clark.E Y Clark.H

Clark,L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B
Cummings.M Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S
Y Dobbs Dover
Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M
Floyd,J.W
YFlynt Y Godbee Y Golden Y Goodwin
Y Green Y Greene Y Griffin Y Groover
Hamilton Y Hammond
Hanner Y Harris,B Y Harris,J Y Heard Y Henson

Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins
Y Jones Y Kilgore YKing B Kingston Y Klein YLadd Y Lane,D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong YLord
Lucas Lupton YMann Y Martin Y McCoy Y McKelvey McKinney.B McKinney.C
Y Meadows Y Merritt Y Milam Y Mills

Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C Oliver.M YOrr
Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter
Poston Y Powell,A Y Powell.C Y Purcell
Randall
YRay Y Reaves
Redding Y Ricketson
Y Royal Selman
Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith,L

Y Smith.P Y Smith.T Y Smith.W Y Smyre YSnow Y Stancil.F
Y Stancil,S Stanley Stephens
Y Streat Y Taylor Y Teper Y Thomas.C
Thomas.M Thomas.N Y Thurmond
Y Titus Y Tolbert
Townsend Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L
Y Wall Y Ware Y Watson
Y Watts White
Y Wilder Y Williams.B
Williams,J
Y Williams,R Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 149, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

TUESDAY, MARCH 5, 1991

1697

Mr. Speaker: The Senate has disagreed to the House substitute to the following Bill of the Senate:

SB 321. By Senator Kidd of the 25th:
A bill to amend an Act creating and establishing a new charter for the City of Eatonton, as amended, so as to change the corporate limits of the city.

Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House were taken up for consideration and read the third time:

HB 774. By Representative Dunn of the 73rd:
A bill to amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions with regard to professions and businesses, so as to specify that the advertisement by a person licensed to provide health care services of the waiver of a deductible or copayment, as an inducement to attract patients, shall be considered a deceptive and misleading practice.

The following Committee substitute was read:

A BILL
To amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions with regard to professions and businesses, so as to specify that the advertisement by a person licensed to provide health care services of the waiver of a deductible or copayment, as an inducement to attract patients, shall be considered a deceptive and misleading practice; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions with regard to professions and businesses, is amended by adding immediately following Code Section 43-1-19, relating to the authority of a state examining board to refuse to grant or to revoke a license, a new Code Section 43-1-19.1 to read as follows:
"43-1-19.1. For the purposes of applicable provisions of Code Section 43-1-19, it shall be considered a deceptive or misleading practice for any person duly licensed and authorized to provide any type of health care services to advertise, as an inducement to attract patients, the waiver of a deductible or copayment required to be made to such person under the patient's health insurance policy or plan."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Simpson of the 70th moves to amend the Committee substitute to HB 774 by inserting after "practice;" on line 7 of page 1 the following:
"to amend Code Section 43-33-18 of the Official Code of Georgia Annotated, relating to refusal to grant or restore licenses of physical therapists and physical therapist assistants, so as to change the authority of the State Board of Physical Therapy to refuse to grant or restore a license to an applicant or to discipline a physical therapist or physical therapist assistant;".

1698

JOURNAL OF THE HOUSE,

By redesignating Section 2 as Section 3.
By adding following Section 1 a new Section 2 to read as follows:
"Section 2. Code Section 43-33-18 of the Official Code of Georgia Annotated, relating to refusal to grant or restore licenses of physical therapists and physical therapist assistants, is amended by striking subsection (a) thereof and inserting in its place a new subsection to read as follows:
'(a) The board shall have authority to refuse to grant or restore a license to an applicant or to discipline a physical therapist or physical therapist assistant licensed under this chapter or any antecedent law upon a finding by the board that the licensee or applicant has:
(1) (A) Implemented a program of physical therapy treatment without consultation with an appropriate licensed practitioner of the healing arts, or m the ease of practice as a physical unless the physical therapist implementing such program:
(i) Has three consecutive years' clinical experience as a physical therapist licensed under this chapter; and
(ii) No later than the sixtieth day following the initial evaluation resulting in implementing the program, refers the patient to a physician or chiropractor and ceases treatment of the patient for the condition for which the program was implemented, except when such treatment is performed under written orders of a physician or chiropractor; or (B) In the case of practice as a physical therapist assistant, practiced other than under the supervision and direction of a licensed physical therapist; (2) Become unable to practice physical therapy or as a physical therapist assistant with reasonable skill and safety to patients by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any other type of material, or as a result of any mental or physical condition; (3) Been convicted of a felony or crime involving moral turpitude in the courts of this state, the United States, or the conviction of an offense in another jurisdiction which if committed in this state would be deemed a felony. For the purpose of this Code section, a "conviction" shall include a finding or verdict of guilty, a plea of guilty, or a plea of nolo contendere in a criminal proceeding regardless of whether the adjudication of guilt or sentence is withheld or not entered thereon pursuant to the provisions of Code Sections 42-8-60 through 42-8-64, relating to first offenders, or any comparable rule or statute; (4) Knowingly made misleading, deceptive, untrue, or fraudulent representations to a patient, consumer, or other person or entity in connection with the practice of physical therapy or in any document connected therewith; or practiced fraud or deceit or intentionally made any false statement in obtaining or attempting to obtain a license to practice physical therapy or as a physical therapist assistant; j or made a false or deceptive biennial registration with the board; (5) Practiced physical therapy contrary to this Code section or to the rules and regulations of the board; or knowingly aided, assisted, procured, or advised any person to practice physical therapy contrary to this Code section or to the rules and regulations of the board; or knowingly performed any act which in any way aids, assists, procures, advises, or encourages any unlicensed person to practice physical therapy; (6) Engaged in any unprofessional, unethical, deceptive, or deleterious conduct or practice harmful to the public, which conduct or practice need not have resulted in actual injury to any person; unprofessional conduct shall also include any departure from, or the failure to conform to, the minimal standards of acceptable and prevailing physical therapy practice; (7) Failed to report to the board any act or omission of a licensee or applicant which violates the provisions of this subsection; or (8) Divided fees or agreed to divide fees received for professional services with any person, firm, association, corporation, or other entity for bringing or referring a patient.'"

TUESDAY, MARCH 5, 1991

1699

On the adoption of the amendment, the roll call was ordered and the vote was as fol-
lows:

N Abernathy N Adams Y Aiken N Alford N Atkins N Baker N Balkcom N Barfoot
Bargeron Barnett.B N Barnett.M N Bates N Beatty N Benefield N Birdsong Blitch Bordeaux N Bostick N Branch
Y Breedlove Brooks Brown
N Brush YBuck N Buckner NByrd
Campbell N Canty N Carrell N Carter N Chafin
N Chambless Cheeks
N Childers N Clark,E N Clark,H

Y Clark,L N Coker N Coleman N Colwell
Connell Y Culbreth N Cumminga,B
Cummings,M Davis.G N Davis.M N Dixon.H N Dixon.S N Dobbs Dover NDunn Edwards N Elliott N Felton N Fennel
N Floyd,J.M F!oyd,J.W
YFlynt
Y Godbee N Golden Y Goodwin N Green
Greene N Griffin N Groover
Hamilton N Hammond N Hanner
Harris,B Y Harris,J N Heard N Henson

N Herbert N Hightower N Holland
N Holmes Howard
N Hudson Ylrwin N Jackson
Jamieson N Jenkins
N Jones Kilgore
NKing E Kingston N Klein NLadd N Lane.D N Lane,R Y Langford
Lawrence N Lawson NLee
Long
Lord Lucas N Lupton NMann N Martin N McCoy N McKelvey N McKinney,B N McKinney.C N Meadows N Merritt Milam N Mills

N Mobley
Moody Y Morsberger
Moultrie Y Mueller
N Oliver.C Oliver.M
NOrr Y Orrock N Padgett N Parham N Parrish N Patten
Pelote
N Perry N Pettit
N Pinholster Pinkston
NPoag Y Porter N Poston N Powell,A N Powell.C N Purcell
Randall NRay N Reaves
Redding N Ricketson N Royal N Selman N Sherrill Y Simpson
N Sinkfield N Skipper
Smith.L

N Smith,P N Smith.T N Smith.W
Smyre N Snow Y Stancil.F N Stancil.S N Stanley
Stephens N Streat N Taylor
Y Teper Y Thomas.C
Thomas, M N Thomas,N
Y Thurmond Y Titus N Tolbert N Townsend N Turnquest N Twiggs Y Valenti N Vaughan N Walker,J N Walker.L NWall N Ware
Watson N Watts
White N Wilder
Williams,B Williams.J Y Williams,R
Yeargin Murphy.Spkr

On the adoption of the amendment, the ayes were 23, nays 114. The amendment was lost. The Committee substitute was adopted.

Representative Williams of the 90th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

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, by substitute, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford
Y Atkins Y Baker Y Balkcom
Y Barfoot Y Bargeron
Barnett.B Y Barnett,M Y Bates Y Beatty Y Benefield
Y Birdsong Blitch

Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Brown Y Brush YBuck
Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Chafin Y Chambless

Y Cheeks N Childers Y Clark,E Y Clark,H
Y Clark.L Y Coker Y Coleman
Y Colwell Connell
Y Culbreth Y Cummings.B
Cummings,M Davis.G Y Davis,M Y Dixon,H Y Diion,S

Y Dobbs Dover
YDunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M
Floyd,J.W YFlynt Y Godbee
Y Golden Y Goodwin Y Green Y Greene Y Griffin

Y Groover Hamilton
Y Hammond Y Hanner Y Harris,B Y Harris,J
Y Heard Y Henson Y Herbert Y Hightower Y Holland
Y Holmes Howard
Y Hudson Ylrwin
Y Jackson

1700

JOURNAL OF THE HOUSE,

Y Jamieson Y Jenkins Y Jones Y Kilgore YKing E Kingston Y Klein YLadd YLane,D Y Lane,R
Y Langford Y Lawrence Y Lawson YLee YLong
Lord Y Lucas
Lupton YMann Y Martin

Y McCoy Y McKelvey Y McKinney,B
McKinney.C Y Meadows Y Merritt
Milam N Mills
Y Mobley Y Moody Y Morsberger
Moultrie Y Mueller Y Oliver.C
Oliver ,M YOrr
YOrrock Y Padgett Y Parham Y Parrish

Y Patten Pelote
Y Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Purcell
Randall YRay Y Reaves
Redding Y Ricketson Y Royal
Y Selman Y Sherrill

Y Simpson Y Sinkfield Y Skipper Y SmithJL Y Smith.P Y Smith.T Y Smith,W YSmyre YSnow Y Stancil.F Y Stancil,S Y Stanley Y Stephens
Y Streat Y Taylor
Y Teper Y Thomas.C
Thomas.M N Thomas.N Y Thurmond

N Titus
Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y WalkerJ Y Walker.L Y Wall Y Ware Y Watson Y Watts
White Y Wilder Y Williams.B
Williams,J Y Williams,R Y Yeargin
Murphy .Spkr

On the passage of the Bill, by substitute, the ayes were 149, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 496. By Representatives King of the 72nd, Chafin of the 72nd, Buckner of the 72nd, Benefield of the 72nd and Lee of the 72nd:
A bill to amend Code Section 17-7-70 of the Official Code of Georgia Annotated, relating to trial upon accusations in felony cases where the defendant has waived indictment by grand jury, so as to provide for trial upon accusations in all felony cases except capital felonies without the necessity of waiving indictment by grand jury.

The following Committee substitute was read:

A BILL
To amend Code Section 17-7-70 of the Official Code of Georgia Annotated, relating to trial upon accusations in felony cases where the defendant has waived indictment by grand jury, so as to provide for trial upon accusations in certain felony cases without the necessity of waiving indictment by grand jury; to provide for exceptions; to provide for the application of substantive and procedural laws; to provide for the form of accusations; to provide instances when an accusation may not be preferred; to provide for other matters relative to the foregoing; 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 17-7-70 of the Official Code of Georgia Annotated, relating to trial upon accusations in felony cases where the defendant has waived indictment by grand jury, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 17-7-70 to read as follows:
"17-7-70. (a) In aH felony cases; other than cases involving capital felonies involving violations of Code Sections 16-8-2, 16-8-14, 16-8-18, 16-9-1, 16-9-2, 16-9-20, 16-9-31, 16-9-33. 16-9-37, 16-10-52, and 40-4-48 and in felony cases involving violations of Chapter 13 of Title 16, except for violations involving the intent to distribute controlled substances or marijuana, in which defendants have either been bound over to the superior
confined m j&ii o? Fci6is&u OR OORQ pending s conwn11mewt ncftring, &t QTG in jaH htrvwg or have expressly waived a commitment hearing, the district attorney shall have authority to prefer accusations, and such the defendants shall be tried on such accusations; provided that defendants geiftg te trial tdf 8eh accusations shall, in

TUESDAY, MARCH 5, 1991

1701

writing, waive indictment by ft grand jwy according to the same rules of substantive and procedural laws relating to defendants who have been indicted by a grand jury. All laws relating to rights and responsibilities attendant to indicted cases, including but not limited to bail, bond forfeiture proceedings, demands for trial, arraignment, demurrers, pleas, and trials, shall be applicable to cases brought by accusations signed by the district attorney. The accusation need not be supported by an affidavit except in those cases in which the defendant has not been previously arrested in conjunction with the transaction charged in the accusation.
(b) Judges of the superior court may open their courts at any time without the presence of either a grand jury or a trial jury to receive and act upon pleas of guilty or nolo contendere in felony and misdemeanor cases ad m felony cases, except these punishdcie Dy destn of iiie Hupnsonmefttj wnen trie jude flnd toe detendflnt consent tftereto. The judge of the superior court may try the issues in such cases without a jury upon an indictment or upon an accusation filed by the district attorney where the defendant rids wsived iRUictment find consented thereto m wntm find counsel us present tR court rcprcacnting the defendant either by virtue ef-his employment er by appointment by the eewt trial by jury.
(c) Prior to trial, the prosecuting attorney may amend the accusation to allege or to change the allegations regarding any offense arising out of the same conduct of the defendant which gave rise to any offense alleged or attempted to be alleged in the original accusation. A copy of any such amendment shall be served upon the defendant or his counsel and the original filed with the clerk of the court. Unless consented to by the defendant, trial on an amended accusation shall not begin within ten days of the service and filing of an amended accusation. After the jury has been sworn, the prosecuting attorney may not amend the accusation.
(d) An accusation substantially complying with the form provided in subsections (d) and (e) of Code Section 17-7-71 shall in all cases be sufficient.
(e) The district attorney may not bring an accusation pursuant to this Code section in those cases where the grand jury has heard evidence or conducted an investigation or in which a no bill has been returned.
(f) Notwithstanding the above provisions, nothing in this Code section shall affect the rights of police officers and public officials to appear before a grand jury as provided in Code Sections 17-7-52, 45-11-4, and 45-15-11."
Section 2. This Act shall apply to arrests made on and after July 1, 1991.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Groover of the 99th moves to amend the Committee substitute to HB 496 as follows:
1. By striking "16-8-2" on line 22 page 1.
2. By striking "arrests made" on page 3 line 26 and inserting "crimes committed".

The Committee substitute, as amended, was adopted.

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, by substitute, as amended, the roll call was ordered and the vote was as follows:

N Abernathy N Adams Y Aiken

Y Alford Y Atkins Y Baker

Y Balkcom Y Barfoot Y Bargeron

Barnett,B Y Barnett.M Y Bates

N Beatty Y Benefield N Birdsong

1702

JOURNAL OF THE HOUSE,

Blitch Y Bordeaux
Y Bostick Y Branch Y Breedlove N Brooks Y Brown
Y Brush YBuck Y Buckner YByrd
Campbell N Canty N Carrell N Carter Y Chafin Y Chambless N Cheeks N Childers Y Clark.E Y Clark.H Y Clark.L Y Coker N Coleman N Colwell
Connell Y Culbreth N Cummings,B
Cummings.M Davis.G N Davis.M Y Dixon.H N Dixon,S

Y Dobbs Dover Dunn
Y Edwards N Elliott
Felton Y Fennel Y Floyd,J.M
Floyd,J.W YFlynt
Y Godbee Y Golden Y Goodwin Y Green
Greene N Griffin Y Groover
Hamilton Y Hammond
Manner N Harris,B Y Harris,J Y Heard Y Henson N Herbert Y Hightower N Holland N Holmes Y Howard Y Hudson Y Irwin
Y Jackson N Jamieson

N Jenkins Y Jones
Kilgore YKing E Kingston Y Klein YLadd N Lane,D N Lane.R N Langford N Lawrence Y Lawson YLee
Long Lord N Lucas N Lupton NMann Y Martin N McCoy N McKelvey McKinney,B McKinney.C Y Meadows N Merritt Milam N Mills Y Mobley
N Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C

Oliver.M NOrr N Orrock Y Padgett
Parham N Parrish Y Patten
Pelote N Perry Y Pettit N Pinholster N Pinkston
YPoag N Porter Y Poston Y Powell,A N Powell.C Y Purcell
Randall
YRay N Reaves N Redding N Ricketson N Royal
Selman Y Sherrill Y Simpson
Sinkfield N Skipper N Smith,L N Smith.P N Smith.T
Smith.W

N Smyre N Snow N Stancil.F N Stancil,S N Stanley Y Stephens Y Streat Y Taylor NTeper
Y Thomas.C Thomas,M
Y Thomas.N Y Thurmond N Titus Y Tolbert N Townsend
Turnquest Twiggs Valenti Y Vaughan N Walker,J N Walker.L Y Wall Y Ware Y Watson Y Watts White N Wilder Y Williams.B Williams.J Williams.R Y Yeargin Murphy .Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 83, nays 62.
The Bill, by substitute, as amended, having failed to receive the requisite constitutional majority, was lost.

Representative Carter of the 146th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Chafin of the 72nd moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:

HB 496. By Representatives King of the 72nd, Chafin of the 72nd, Buckner of the 72nd, Benefield of the 72nd and Lee of the 72nd:
A bill to amend Code Section 17-7-70 of the Official Code of Georgia Annotated, relating to trial upon accusations in felony cases where the defendant has waived indictment by grand jury, so as to provide for trial upon accusations in all felony cases except capital felonies without the necessity of waiving indictment by grand jury.
On the motion, the roll call was ordered and the vote was as follows:

N Abernathy N Adams Y Aiken Y Alford
Y Atkins Y Baker Y Balkcom
N Barfoot Y Bargeron
Barnett.B Y Barnett.M Y Bates N Beatty

Y Benefield N Birdsong
Blitch Y Bordeaux
N Bostick Branch
Y Breedlove N Brooks
Brown Y Brush YBuck Y Buckner
Byrd

Campbell N Canty N Carrell N Carter Y Chafin N Chambless
Y Cheeks N Childers Y Clark,E Y Clark.H Y Clark.L Y Coker N Coleman

N Colwell Connell
Y Culbreth N Cummings.B
Cummings.M Davis.G N Davis.M Y Dixon.H N Dixon.S
Y Dobbs N Dover
Dunn Y Edwards

N Elliott N Felton Y Fennel N Floyd,J.M
Floyd,J.W NFlynt Y Godbee Y Golden Y Goodwin N Green
Greene N Griffin
N Groover

TUESDAY, MARCH 5, 1991

1703

Hamilton N Hammond N Manner Y Harris.B Y Harris,J Y Heard Y Henson N Herbert Y Hightower
N Holland N Holmes N Howard Y Hudson
Irwin N Jackson N Jamieson Y Jenkins Y Jones
Kilgore Y King E Kingston Y Klein
Y Ladd

N Lane.D N Lane.R N Langford N Lawrence Y Lawson Y Lee
Long Lord N Lucas
N Lupton N Mann Y Martin NMcCoy N McKelvey N McKinney.B
McKinney.C N Meadows N Merritt
Milam N Mills N Mobley N Moody
Y Morsberger

Y Moultrie Y Mueller Y Oliver.C
01iver,M N Orr N Orrock Y Padgett
Parham Parrish
Y Patten Pelote
N Perry Y Pettit N Pinholster
Pinkston Y Poag N Porter Y Poston Y Powell,A N Powell,C N Purcell
Randall
N Ray

On the motion, the ayes were 64, nays 79. The motion was lost.

N Reaves N Redding N Ricketson N Royal
Selman Y Sherrill Y Simpson Y Sinkfield N Skipper
N Smith.L N Smith.P N Smith.T
Smith, W N Smyre N Snow N Stancil.F N Stancil.S N Stanley Y Stephens N Streat Y Taylor N Teper
N Thomas.C

Thomas.M Y Thomas.N Y Thurmond N Titus N Tolbert N Townsend
Turnquest Twiggs N Valenti
Y Vaughan N Walker,J N Walker.L Y Wall
Ware Watson Y Watts White N Wilder Y Williams.B Williams.J Williams.R Y Yeargin
Murphy.Spkr

HB 188. By Representative Thomas of the 69th:
A bill to amend Code Section 9-11-4 of the Official Code of Georgia Annotated, relating to service of process in civil actions, so as to provide that process may be served by any citizen of the United States who is not a party and is not younger than 18 years of age.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 9-11-4 of the Official Code of Georgia Annotated, relating to service of process in civil actions, so as to provide that process may be served by any citizen of the United States who is not a party and is not younger than 18 years of age and has been appointed by the court as a permanent process server; 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 9-11-4 of the Official Code of Georgia Annotated, relating to service of process in civil actions, is amended by striking subsection (c) in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Summons By whom served. Process shall be served by the sheriff of the county where the action is brought or where the defendant is found, or by his deputy, or by the marshal or sheriff of the court, or by his deputy, or by any citizen of the United States specially appointed by the court for ttvat purpose who is not a party and is not younger than 18 years of age and has been appointed as a permanent process server by the court in which the action is brought. Where the service of process is made outside of the United States, after an order of publication, it may be served either by any citizen of the United States or by any resident of the country, territory, colony, or province who is specially appointed by the court for that purpose. When service is to be made within this state, the person making such service shall make the service within five days from the time of receiving the summons and complaint; but failure to make service within the five-day period will not invalidate a later service."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

1704

JOURNAL OF THE HOUSE,

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, by substitute, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot
Bargeron Barnett.B Y Barnett.M Y Bates Y Beatty Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Branch Y Breedlove Brooks Y Brown Y Brush YBuck Y Buckner
Byrd Y Campbell
Y Canty Y Carrell Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.H

Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B
Cummings.M
Davis.G Y Davis.M
Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M
Floyd.J.W
YFlynt Y Godbee Y Golden Y Goodwin
Y Green Y Greene Y Griffin Y Groover
Hamilton Y Hammond
Hanner Y Harris,B Y Harris,J Y Heard Y Henson

Y Herbert Y Hightower Y Holland Y Holmes Y Howard
Y Hudson Y Irwin
Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing E Kingston Y Klein YLadd Y Lane,D Y Lane.R
Langford Y Lawrence Y Lawson YLee YLong
Lord Y Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Merritt
Milam Y Mills

Y Mobley Y Moody Y Morsberger
Y Moultrie Y Mueller Y Oliver.C
Oliver.M YOrr
Orrock
Y Padgett Y Parham Y Parrish Y Patten
Pelote Y Perry
Y Pettit Y Pinholster
Y Pinkston YPoag Y Porter
Y Poston Y Powell,A Y Powell.C Y Purcell
Randall YRay
Reaves Redding Ricketson Y Royal Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L

Y Smith.P Smith.T
Y Smith.W Y Smyre YSnow Y Stancil.F Y Stancil.S
Y Stanley Y Stephens
Streat Y Taylor
Y Teper Y Thomas.C
Thomas.M Y Thomas.N Y Thurmond
Y Titus Y Tolbert Y Townsend Y Turnquest
Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall Y Ware Y Watson
Y Watts Y White Y Wilder Y Williams.B
Williams,J Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 150, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 207. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd, Goodwin of the 63rd, Titus of the 143rd and others:
A bill to amend Code Section 35-3-35 of the Official Code of Georgia Annotated, relating to dissemination of records of the Georgia Crime Information Center, so as to revise authorization procedures regarding the availability of certain criminal history records to county boards of registrars or county boards of registration and election.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 108, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 308. By Representative Pettit of the 19th:
A bill to amend Code Section 15-12-43 of the Official Code of Georgia Annotated, relating to jury lists, so as to prohibit the use of such lists for commercial purposes and provide a penalty therefor.

TUESDAY, MARCH 5, 1991

1705

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 15-12-43 of the Official Code of Georgia Annotated, relating to jury lists, so as to prohibit the use of such lists for commercial solicitation purposes; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 15-12-43 of the Official Code of Georgia Annotated, relating to jury lists, is amended by adding at the end a new subsection to read as follows:
"(d) No list or partial list of jurors as provided for in this Code section shall be used by any person for commercial solicitation purposes and the clerk of the superior court shall not be required to furnish said list or partial list to any person for such purposes."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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, by substitute, the ayes were 93, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 825. By Representatives Felton of the 22nd and Campbell of the 23rd:
A bill to amend Code Section 36-67-4 of the Official Code of Georgia Annotated, relating to zoning proposal recommendation standards applicable to zoning procedures for counties and municipalities meeting certain population requirements, so as to encourage the creation of planning commissions to serve identifiable areas and communities.

The following amendments were read and adopted:

Representative Felton of the 22nd moves to amend HB 825 as follows: Line 4, page 2 - delete "local" and insert "county". Line 8, page - delete "local" and insert "county".

Representative Campbell of the 23rd moves to amend HB 825 as follows: Line 5, page 2 - delete "is encouraged to" and insert "shall".

Representative Holmes of the 28th moved that HB 825 be placed upon the table.
Representative Holmes of the 28th withdrew his motion to place HB 825 upon the table.

Representative Campbell of the 23rd moved that the House reconsider its action in adopting the Campbell amendment.

On the motion, the ayes were 117, nays 0. The motion prevailed.

Representative Campbell of the 23rd withdrew his amendment to HB 825.

1706

JOURNAL OF THE HOUSE,

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, as amended, the roll call was ordered and the vote was as follows:

Y Abernathy N Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom YBarfoot Y Bargeron Y Barnett,B
Y Barnett,M Y Bates Y Beatty Y Benefleld Y Birdsong Y Blitch N Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Y Brown Y Brush YBuck N Buckner YByrd Y Campbell
Y Canty Y Carrell
Carter Y Chafm
Chambless Y Cheeks Y Childers Y Clark,E Y Clark,H

Y Clark,L Y Coker
Coleman Colwell
Connell Y Culbreth Y Cummings,B
Cummings.M N Davis,G Y Davis,M
Y Dixon,H Dixon.S
Y Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton N Fennel Y Floyd,J.M
Floyd,J.W YFlynt YGodbee Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover
Hamilton Y Hammond
Manner Y Harris.B Y Harris,J Y Heard Y Henson

Y Herbert Y Hightower
Y Holland Y Holmes Y Howard Y Hudson Ylrwin Y Jackson
Jamieson Y Jenkins Y Jones Y Kilgore NKing E Kingston Y Klein YLadd Y Lane.D
Lane,R Y Langford Y Lawrence Y Lawson
NLee Long
YLord N Lucas
Lupton YMann Y Martin
YMcCoy Y McKelvey N McKinney.B N McKinney.C Y Meadows
Y Merritt Milam
Y Mills

Y Mobley
Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C
Y Oliver.M YOrr Y Orrock Y Padgett N Parham N Parrish
Patten
Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston
YPoag Porter
Y Poston Y Powell,A Y Powell.C Y Purcell Y Randall YRay Y Reaves Y Redding N Ricketeon Y Royal Y Selman Y Sherrill
Simpson N Sinkfield Y Skipper
Smith,L

Y Smith.P Smith.T
Y Smith,W Y Smyre
YSnow Y Stancil.F
Y Stancil,S Y Stanley Y Stephens
Streat Y Taylor
Teper Thomas.C N Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L
Y Wall Ware
Y Watson
Y Watts White
Y Wilder Y Williams,B
Williams,J Y Williams.R
Yeargin Murphy.Spkr

On the passage of the Bill, as amended, the ayes were 132, nays 15.
The Bill, having received the requisite constitutional majority, was passed, as amended.

The Speaker assumed the Chair.

HR 412. By Representative Holland of the 136th:
A resolution proclaiming the Turner County Peanut Monument as the official state peanut monument.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Y Abernathy
Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom

Y Barfoot Y Bargeron
Barnett,B Y Barnett,M Y Bates Y Beatty Y Benefield

Y Birdsong Y Blitch
Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks

Y Brown Y Brush YBuck
Y Buckner YByrd Y Campbell Y Canty

Y Carrell Y Carter Y Chafin
Chambless
Y Cheeks N Childers Y Clark.E

TUESDAY, MARCH 5, 1991

1707

Y Clark,H Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth
Cummings.B Y Cummings,M Y Davis.G Y Davis.M Y Dixon.H
Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton
Fennel Y Floyd,J.M
Floyd,J.W Y Flynt YGodbee Y Golden Y Goodwin Y Green Y Greene Y Griffin

Y Groover Hamilton
Y Hammond Hanner
Y Harris,B Y Harris,J Y Heard Y Henson Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson
Irwin Y Jackson
Y Jamieson Y Jenkins Y Jones Y Kilgore
YKing E Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson

YLee Long
YLord Y Lucas Y Lupton YMann Y Martin
Y McCoy Y McKelvey
McKinney.B
McKinney.C Y Meadows Y Merritt YMilam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
YOrr Orrock
Y Padgett Par ham
Y Parrish Patten
Y Pelote

Y Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter Y Poston
Powell.A Y Powell.C Y Purcell
Y Randall YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill
Simpson Y Sinkfield Y Skipper
Smith.L Y Smith.P Y Smith.T Y Smith, W Y Smyre YSnow Y Stancil.F Y Stancil.S

Stanley Stephens Y Streat Y Taylor YTeper
Y Thomas.C Y Thomas.M
Thomas.N Y Thurmond Y Titus
Y Tolbert Y Townaend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall
Ware Y Watson Y Watts Y White
Wilder Y Williams.B
Williams,J Y Williams.R Y Yeargin
Murphy.Spkr

On the adoption of the Resolution, the ayes were 151, nays 1. The Resolution, having received the requisite constitutional majority, was adopted.

Representative Wilder of the 21st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 275. By Representatives Abernathy of the 39th, Groover of the 99th, Randall of the 101st, Walker of the 115th, Redding of the 50th and others:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to prohibit smoking by students on public school property and school buses; to provide an exception for persons enrolled in an adult general education program.

The following Committee substitute was read:

A BILL
To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to prohibit the use of tobacco or tobacco products by students on public school property and school buses during regular school hours; to provide an exception for persons enrolled in an adult general education program; to provide for penalties to be set by local school boards; to reserve the right of a local governing authority or school board to enact a more restrictive prohibition; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, is amended by adding at the end thereof a new article, to be designated Article 30, to read as follows:
"ARTICLE 30
20-2-2040. (a) No area, county, or independent board of education shall permit any student to smoke tobacco in any form or to otherwise use any type of tobacco or tobacco

1708

JOURNAL OF THE HOUSE,

product on the premises of any public school or public school bus during regular school hours.
(b) Each area, county, or independent board of education shall enforce the provisions of this Code section and shall determine and prescribe penalties for any violation of this Code section.
(c) This Code section shall not apply to any person enrolled in an adult general education program.
20-2-2041. Nothing contained in this article shall prohibit any county, municipality, or local board of education from enacting an ordinance, resolution, or regulation which is more restrictive of the use of tobacco or tobacco products on public school property than the restrictions of this article."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Abernathy of the 39th moves to amend the Committee substitute to HB 275 as follows:
Add on page 1 line 25 after the word "penalties" the following "of an administrative punishment nature".

The Committee substitute, as amended, was adopted.

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, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker
Balkcom Y Barfoot Y Bargeron
Barnett,B Y Barnett,M
Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch
Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell
Y Canty Carrell
Y Carter Y Chafin
Chambless Y Cheeks Y Childers Y Clark.E Y Clark.H

Y Clark.L Y Coker
Y Coleman Y Colwell
Connell Y Culbreth N Cummings,B Y Cummings.M
Y Davis.G Y Davis.M Y Dixon.H
Dixon.S
Y Dobbs Dover Dunn
Y Edwards
Y Elliott Y Felton Y Fennel
Y Floyd,J.M Floyd,J.W
YFlynt Godbee
Y Golden Y Goodwin
N Green Greene
Y Griffin Y Groover Y Hamilton
Y Hammond Hanner
Y Harris.B Y Harris,J Y Heard Y Henaon

Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore
YKing E Kingston Y Klein YLadd YLane.D
Lane.R N Langford Y Lawrence Y Lawson YLee
Long
YLord
Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt
Milam Y Mills

Y Mobley Y Moody Y Morsberger
Y Moultrie Mueller
Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett
Parham Y Parrish
Patten Y Pelote Y Perry
N Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Purcell Y Randall YRay
Reaves Y Redding Y Ricketson
Royal Y Selman Y Sherrill Y Simpson
Sinkfield Y Skipper Y Smith.L

Y Smith.P Smith.T
Y Smith,W Y Smyre YSnow Y Stancil,F Y Stancil,S
Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert
Y Townsend Y Turnquest
Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker,L Y Wall
Ware Y Watson Y Watts Y White
Wilder Y Williams.B
Williams,J Y Williams.R Y Yeargin
Murphy,Spkr

TUESDAY, MARCH 5, 1991

1709

On the passage of the Bill, by substitute, as amended, the ayes were 145, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representatives Mueller of the 126th and Wilder of the 21st stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto:

SB 321. By Senator Kidd of the 25th:
A bill to amend an Act creating and establishing a new charter for the City of Eatonton, as amended, so as to change the corporate limits of the city.

Representative Green of the 106th moved that the House insist on its position in substituting SB 321.
The motion prevailed.

Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:

HB 694. By Representatives Hightower of the 36th, McKinney of the 35th, Davis of the 29th, Holmes of the 28th, Selman of the 32nd and others:
A bill to amend Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person, so as to provide for punishment as for a high and aggravated misdemeanor of any person convicted of simple assault, simple battery, or battery in a public transit vehicle or station.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker YBalkcom Y Barfoot N Bargeron Y Barnett,B Y Barnett.M
Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostkk Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner

Y Byrd Y Campbell Y Canty Y Carrell Y Carter Y Chafin
Chambless Y Cheeks Y Childere Y Clark,B Y Clark,H
Y Clark,L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B Y Cummings.M Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover

Dunn Y Edwards Y Elliott
Felton Y Fennel Y Floyd,J.M
Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin
Y Green Y Greene Y Griffin Y Groover
Hamilton Y Hammond Y Hanner Y Harris.B Y Harris,J Y Heard Y Henson Y Herbert Y Hightower Y Holland

Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore Y King E Kingston
Y Klein Y Ladd Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson Y Lee
Long Y Lord Y Lucas Y Lupton Y Mann Y Martin

Y McCoy Y McKelvey
McKinney.B Y McKinney,C Y Meadows Y Merritt N Milam N Mills Y Mobley Y Moody Y Morsberger
Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orr
Orrock Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry Y Pettit Y Pinholster

1710

JOURNAL OF THE HOUSE,

Y Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell Y Randall N Ray
Y Reaves Y Redding

Y Ricketson Y Royal YSelman Y Sherrill
Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith.P
Smith.T Y Smith.W

Y Smyre Y Snow Y Stancil,F Y Stancil,S Y Stanley Y Stephens Y Streat Y Taylor Y Teper
Y Thomas.C Y Thomas,M

Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs N Valenti Y Vaughan
Y Walker,J Y Walker.L

Y Wall Ware
Y Watson Y Watts Y White
Wilder Y Williams.B
Williams.J Y Williams.R
Y Yeargin Murphy.Spkr

On the passage of the Bill, the ayes were 159, nays 5. The Bill, having received the requisite constitutional majority, was passed.

Representative Wilder of the 21st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representatives Mills of the 20th, Ray of the 98th and Valenti of the 52nd stated that they inadvertently voted "nay" on the preceding roll call. They wished to be recorded as
voting "aye" thereon.

HB 894. By Representatives Teper of the 46th and Redding of the 50th:
A bill to amend Chapter 13 of Title 31 of the Official Code of Georgia Annotated, the "Georgia Radiation Control Act," so as to require any existing general or specific licensee and any applicant for a general or specific license to operate radiation-generating equipment to post a bond to ensure financial responsibility in certain contingencies.

The following amendment was read:

Representatives Orrock of the 30th and Green of the 106th move to amend HB 894 by striking from lines 1 through 3 and from lines 9 through 11 of page 1 the following:
"Chapter 13 of Title 31 of the Official Code of Georgia Annotated, the 'Georgia Radiation Control Act,'",
and inserting in lieu thereof the following:
"Title 31 of the Official Code of Georgia Annotated, relating to health,".
By inserting on line 6 of page 1 following "contingencies;" the following:
"to provide for definitions; to provide for exemptions; to provide for construction, operation, and maintenance of tanning facilities; to provide for warning signs and the content of such signs; to provide for tanning equipment requirements and maintenance; to provide for stand-up booths and protective goggles; to provide for statements to be signed by consumers; to provide for records to be maintained by owners or operators of tanning facilities; to prohibit use of tanning equipment by minors; to provide for exceptions; to provide for penalties; to authorize the maintenance of civil actions by consumers damaged by violations; to provide for the recovery of damages, court costs, and attorney's fees; to provide for applications for and the granting of variances; to provide for construction with regard to regulatory authority; to provide for immunity from liability; to provide for related matters;".
By redesignating Section 2 as Section 3.
By adding following Section 1 a new Section 2 to read as follows:
"Section 2. Said title is further amended by adding at the end thereof a new chapter to read as follows:

TUESDAY, MARCH 5, 1991

1711

'CHAPTER 38
31-38-1. As used in this chapter, the term: (1) "CFR" means Code of Federal Regulations. (1.1) "Consumer" means any individual who is provided access to a tanning
facility as defined in this chapter. (2) "Individual" means any human being. (3) "Operator" means any individual designated by the tanning facility owner or
tanning equipment lessee to operate or to assist and instruct the consumer in the operation and use of the tanning facility or tanning equipment.
(4) "Person" means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this state, any other state, or political subdivision or agency thereof, and any legal successor, representative, agent, or agency of these entities.
(5) "Tanning equipment" means ultraviolet or other lamps and equipment containing such lamps intended to induce skin tanning through the irradiation of any part of the living human body with ultraviolet radiation.
(6) "Tanning facility" means any location, place, area, structure, or business or a part thereof which provides consumers access to tanning equipment. "Tanning facility" includes, but is not limited to, tanning salons, health clubs, apartments, or condominiums regardless of whether a fee is charged for access to the tanning equipment.
(7) "Ultraviolet radiation" means electromagnetic radiation with wavelengths in air between 200 nanometers and 400 nanometers. 31-38-2. (a) Any person is exempt from the provisions of this chapter to the extent that such person:
(1) Uses equipment which emits ultraviolet radiation incidental to its normal operation; and
(2) Does not use the equipment described in paragraph (1) of this subsection to deliberately expose parts of the living human body to ultraviolet radiation for the purpose of tanning or other treatment.
(b) Any physician licensed by the Composite State Board of Medical Examiners is exempt from the provisions of this chapter to the extent that such physician uses, in the practice of medicine, medical diagnostic and therapeutic equipment which emits ultraviolet radiation.
(c) Any individual is exempt from the provisions of this chapter to the extent that such individual owns tanning equipment exclusively for personal, noncommercial use.
31-38-3. Each tanning facility in this state shall be constructed, operated, and maintained in accordance with the requirements of Code Sections 31-38-4 through 31-38-8.
31-38-4. (a) The facility owner or operator shall conspicuously post the warning sign described in subsection (b) of this Code section within three feet of each tanning station and in such a manner that the sign is clearly visible, not obstructed by any barrier, equipment, or other object, and can be easily viewed by the consumer before energizing the tanning equipment.
(b) The warning sign required in subsection (a) of this Code section shall use upper and lower case letters which are at least two inches and one inch in height, respectively, and shall have the following wording:
DANGER - ULTRAVIOLET RADIATION
-Follow instruction. -Avoid overexposure. As with natural sunlight, overexposure can cause eye and skin injury and allergic reactions. Repeated exposure may cause premature aging of the skin and skin cancer. -Wear protective eyewear.

1712

JOURNAL OF THE HOUSE,

FAILURE TO USE PROTECTIVE EYEWEAR MAY RESULT IN SEVERE BURNS OR LONG-TERM INJURY TO THE EYES.
-Medications or cosmetics may increase your sensitivity to the ultraviolet radiation. Consult a physician before using sunlamp or tanning equipment if you are using medications or have a history of skin problems or believe yourself to be especially sensitive to sunlight.
-If you do not tan in the sun, you are unlikely to tan from the use of this product.
MAXIMUM EXPOSURE AT ANY ONE SESSION SHOULD NEVER EXCEED 15 MINUTES.
According to the research and clinical experience of the American Academy of Dermatology, excessive or improper exposure to ultraviolet light can cause harmful changes in the skin and other organs, including skin cancer, cataracts, impairment of the immune system, premature aging, and photosensitivity. These are virtually the same risks associated with outdoor tanning.
31-38-5. (a) The tanning facility owner or operator shall use only tanning equipment manufactured in accordance with the specifications set forth in 21 CFR 1040.20. The exact nature of compliance shall be based on the standards in effect at the time of manufacture as shown on the device identification label required by 21 CFR 1010.3.
(b) Each assembly of tanning equipment shall be designated for use by only one consumer at a time and shall be equipped with a timer which complies with the requirements of 21 CFR 1040.20(c)(2). The maximum timer interval shall not exceed the manufacturer's maximum recommended exposure time. No timer interval shall have an error exceeding plus or minus 10 percent of the maximum timer interval for the product.
(c) Tanning equipment shall meet the National Fire Protection Association National Electrical Code and shall be provided with ground fault protection on the electrical circuit.
(d) Tanning equipment shall include physical barriers to protect consumers from injury induced by touching or breaking the lamps.
31-38-6. Tanning booths designed for stand-up use shall also comply with the following additional requirements:
(1) Booths shall have physical barriers or other means, such as handrails or floor markings, to indicate the proper exposure distance between ultraviolet lamps and the consumer's skin;
(2) Booths shall be constructed with sufficient strength and rigidity to withstand the stress of use and the impact of a falling person;
(3) Access to booths shall be of rigid construction with doors which are nonlatching and open outwardly; and
(4) Booths shall be equipped with handrails and nonslip floors.
31-38-7. (a) The tanning facility owner or operator shall provide protective goggles to each consumer for use during any use of tanning equipment.
(b) The protective goggles required in subsection (a) of this Code section shall meet the requirements of 21 CFR 1040.20(c)(5).
(c) Tanning facility operators shall ensure that consumers wear the protective goggles required by this Code section.
(d) The tanning facility owner or operator shall ensure that the protective goggles required by this Code section are properly sanitized before each use and shall not rely upon exposure to the ultraviolet radiation produced by the tanning equipment itself to provide such sanitizing.
31-38-8. (a) The tanning facility owner or operator shall provide each consumer, prior to initial exposure at such facility, with a copy of the following warning, which shall be signed, witnessed, and dated as indicated in the warning:

TUESDAY, MARCH 5, 1991

1713

WARNING STATEMENT
This statement must be read and signed by the consumer BEFORE first exposure to ultraviolet radiation for tanning purposes at the below signed facility.
DANGER - ULTRAVIOLET RADIATION WARNING
-Follow instructions. -Avoid overexposure. As with natural sunlight, overexposure can cause eye and skin injury and allergic reactions. Repeated exposure may cause premature aging of the skin and skin cancer. -Wear protective eyewear.
FAILURE TO USE PROTECTIVE EYEWEAR MAY RESULT IN SEVERE BURNS OR LONG-TERM
INJURY TO THE EYES.
-Medications or cosmetics may increase your sensitivity to the ultraviolet radiation. Consult a physician before using sunlamp or tanning equipment if you are using medications or have a history of skin problems or believe yourself to be especially sensitive to sunlight.
-If you do not tan in the sun, you are unlikely to tan from the use of this product.
MAXIMUM EXPOSURE AT ANY ONE SESSION SHOULD NEVER EXCEED
15 MINUTES.
According to the research and clinical experience of the American Academy of Dermatology, excessive or improper exposure to ultraviolet light can cause harmful changes in the skin and other organs, including skin cancer, cataracts, impairment of the immune system, premature aging, and photosensitivity. These are virtually the same risks associated with outdoor tanning.
WARNING
The radiation produced by this device causes premature wrinkling and excessive aging of the skin and may hasten the development of skin cancer or internal cancer and may cause permanent eye damage.
I have read the above warning and understand what it means before undertaking any tanning equipment exposure.

Signature of Operator of Tanning Facility or Equipment

Signature of Consumer

Print Name of Consumer

Date

1714

JOURNAL OF THE HOUSE,

OR

The consumer is illiterate and/or visually impaired and I have read the warning statement aloud and in full to the consumer in the presence of the below signed witness.

Signature of Operator of Tanning Facility or Equipment

Witness

Date
(b) The tanning facility owner or operator shall be responsible for the maintenance of a record of each consumer's total number of tanning visits at such facility, dates, and durations of tanning exposures for a period of three years after such exposure.
(c) The tanning facility owner or operator shall compile a written report of actual or alleged injury from use of tanning equipment within five working days after occurrence or notice thereof. Such report shall be maintained for a period of not less than three years and shall be available for inspection and copying by any consumer. The report shall include:
(1) The name of the affected individual; (2) The name and location of the tanning facility and identification of the specific tanning equipment involved; (3) The nature of the actual or alleged injury; and (4) Any other information relevant to the actual or alleged injury to include the date and duration of exposure. (d) The tanning facility owner or operator shall not allow minors to use tanning equipment unless the minor's parent or legal guardian signs a written consent form meeting the requirements of this Code section. Such consent form shall be signed by the parent or legal guardian at the tanning facility before the minor may use the equipment or facility. (e) The tanning facility owner or operator shall replace defective or burned out lamps, bulbs, or filters with a type intended for use in the affected tanning equipment as specified on the product label and having the same spectral distribution. (f) The tanning facility owner or operator shall replace ultraviolet lamps and bulbs, which are not otherwise defective or damaged, at such frequency or after such duration of use as may be recommended by the manufacturer of such lamps and bulbs.
31-38-9. Any person who leases tanning equipment or who owns a tanning facility as defined by this chapter who operates or permits to be operated that equipment or facility in noncompliance with the requirements of this chapter shall be guilty of a misdemeanor.
31-38-10. In addition to any other rights or remedies otherwise provided to consumers by law, any consumer who is damaged by any violation of this chapter may bring an action in superior court to recover a penalty fee of no less than $1,000.00 and to recover any actual, consequential, or punitive damages the court deems appropriate. Any recovery under this Code section shall also include attorney's fees and court costs. It is the intent of the General Assembly in this Code section to provide consumers with an additional remedy to encourage enforcement of this chapter through private rights of action.

TUESDAY, MARCH 5, 1991

1715

31-38-11. Any tanning facility which finds that it is not possible to comply with Code Section 31-38-4 may apply to the administrator appointed pursuant to subsection (a) of Code Section 10-1-395 for a variance from the requirements of Code Section 31-38-4. Any such variance granted by the administrator shall be in writing and shall be drawn as narrowly as possible.
31-38-12. Nothing contained in this chapter shall be construed as imposing any duty, requirement, or enforcement authority upon the administrator appointed pursuant to Code Section 10-1-395 except as described in Code Section 31-38-11, provided that nothing contained in this chapter shall be construed in any manner as limiting the administrator from exercising any of his duties, powers, or authority under any other law. The administrator shall not be liable to any person for any reason as a result of granting or failing to grant any variance under Code Section 31-38-11.'".

The following amendment was read and adopted:

Representative Lane of the 27th moves to amend the Orrock amendment to HB 894 as follows:
On page 6, line 26 strike subsections (a) and (b) and renumber following sections.

The Orrock amendment, as amended, was adopted.

The following amendment was read and adopted:

Representative Teper of the 46th moves to amend HB 894 by striking from lines 16 through 19 on page 1 the following:
"net te exceed in the amount of $5 million by eat existing a general or specific licensee licensed on July 1^ 1991, by amendment to an such".
and inserting in lieu thereof the following:
an"".not to exceed $5 million by an existing general or specific licensee by amendment to
By striking from lines 3 through 15 of page 2 the following:
"T-he Department ef- Natural Resources is authorized te establish, by wie er regulatiorij tne uondin requirements oy clflssos of licensees find t)y rsnge of HIonetflry amounts net te exceed $6 million, fe establishing seh requirements, the Department ef Natural Resources shall give dae consideration te the probable extent ef- contamination, the amount ef possible property damage, the eeste ef removal and disposal ef- radioactive mfttepifli used oy tne licenseet find tne costs or Feelcunfition of tne propePty HT trie event ot fl Dflndonmentj tRSOIvency, OP otncr md&iiity of tne licensee to peptorm sucn services te the satisfaction ef- the Department ef Natural Resources.",
and inserting in lieu thereof the following:
"The Department of Natural Resources is authorized to establish, by rule or regulation, the bonding requirements by classes of licensees and by range of monetary amounts not to exceed $5 million. In establishing such requirements, the Department of Natural Resources shall give due consideration to the probable extent of contamination, the amount of possible property damage, the costs of removal and disposal of radioactive material used by the licensee, and the costs of reclamation of the property in the event of abandonment, insolvency, or other inability of the licensee to perform such services to the satisfaction of the Department of Natural Resources; provided, however, that the bond for any licensee offering radiation sterilization services shall not be less than $5 million."

1716

JOURNAL OF THE HOUSE,

By striking from lines 27 through 29 of page 2 the following:
"(d) Any The bonding or financial protection requirements established by the Department ef Natural Resources pursuant te this Code section shall not apply",
and inserting in lieu thereof the following:
"(d) Any bonding or financial protection requirements established by the Department of Natural Resources pursuant to this Code section shall not apply".

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, as amended, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker
Balkcom Y Barfoot Y Bargeron Y Barnett,B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter NChafin Y Chambless
Y Cheeks Y Childera Y Clark,E
Y Clark,H

Y Clark,L Y Coker Y Coleman N Colwell Y Connell Y Culbreth Y Cummings,B
Cummings.M Y Davis.G Y Davis.M Y Dkon.H Y Dixon.S Y Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M
Floyd,J.W YFlynt N Godbee Y Golden YGoodwin Y Green Y Greene N Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris,J Y Heard Y Henson

Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson
Jamieson
Y Jenkins Y Jones Y Kilgore
NKing E Kingston Y Klein
YLadd Y Lane,D Y Lane,R
Langford Lawrence Y Lawson NLee Long
YLord Y Lucas
Y Lupton YMann Y Martin
N McCoy Y McKelvey
McKinney,B McKinney,C
N Meadows Y Merritt Y Milam Y Mills

Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C
Oliver.M
YOrr Y Orrock Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry
Pettit Y Pinholster Y Pinkston NPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell Y Randall YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill
Simpson Y Sinkfield Y Skipper Y Smith.L

Y Smith,P Y Smith.T Y Smith,W
Y Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall
Ware Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams ,J Y Williams.R Y Yeargin
Murphy ,Spkr

On the passage of the Bill, as amended, the ayes were 152, nays 9.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Chafin of the 72nd stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 613. By Representatives Harris of the 84th, Parham of the 105th and Barnett of the 10th:
A bill to amend Code Section 40-2-78 of the Official Code of Georgia Annotated, relating to special license plates for firefighters, so as to change the authority for issuance of such license plates.

TUESDAY, MARCH 5, 1991

1717

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Atkins
Baker Y Balkcom Y Barfoot Y Bargeron Y Harriett,B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Chafin
Y Chambless Y Cheeks Y Childers
Y Clark,E Y ClarkJH

Y Clark,L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y CummingsJB
Cummings,M Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M
Floyd,J.W YFlynt
Y Godbee Y Golden
Y Goodwin Y Green Y Greene
Y Griffin Y Groover Y Hamilton Y Hammond
Hanner Y Harris.B Y Harris,J Y Heard Y Henson

Y Herbert Y Hightower Y Holland
Holmes Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing E Kingston Y Klein YLadd Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson YLee
Long YLord Y Lucas Y Lupton
YMann Y Martin Y McCoy Y McKelvey
McKinney.B McKinney.C Y Meadows Y Merritt Y Milam Y Mills

Y Mobley Y Moody Y Moraberger Y Moultrie Y Mueller Y Oliver.C
Oliver.M YOrr Y Orrock
Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry
Pettit Y Pinholster Y Pinkston YPoag
Porter Y Poston Y Powell,A Y Powell,C Y Purcell YRandall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L

Y Smith.P Y Smith.T Y Smith,W Y Smyre YSnow Y Stancil,F Y Stancil,S Y Stanley Y Stephens Y Streat Y Taylor
Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall
Ware Y Watson Y Watts Y White Y Wilder Y Williams,B
Williams,J Y Williams,R Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 160, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 811. By Representatives Poston of the 2nd, Holland of the 136th, Perry of the 5th, McCoy of the 1st, Poag of the 3rd and others:
A bill to amend Code Section 27-3-48 of the Official Code of Georgia Annotated, relating to unlawful killing of wildlife at night and condemnation of property, so as to provide that the superior court where a condemnation is filed may retain the property for official use by any agency or political subdivision of the state.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Abernathy N Adams Y Aiken Y Alford N Atkins
Baker Y Balkcom N Barfoot Y Bargeron

N Barnett,B Y Barnett,M Y Bates
N Beatty Y Benefield Y Birdsong Y Blitch
N Bordeaux Y Bostick

N Branch Y Breedlove
N Brooks N Brown Y Brush YBuck Y Buckner NByrd
Campbell

N Canty N Carrell Y Carter Y Chafin
Y Chambless N Cheeks Y Childers
N Clark,E N Clark.H

Y Clark,L Y Coker Y Coleman N Colwell Y Connell Y Culbreth N Cummings.B
Cummings,M N Davis.G

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JOURNAL OF THE HOUSE,

Y Davis.M Y Dixon.H
Dixon.S N Dobbs N Dover N Dunn Y Edwards N Elliott N Felton Y Fennel N Floyd,J.M
Floyd,J.W Y Flynt N Godbee Y Golden NGoodwin Y Green
Greene N Griffin
Y Groover Hamilton
Y Hammond Y Banner N Harris,B
Y Harri8,J Heard
N Henson

Herbert Y Hightower Y Holland N Holmes N Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones N Kilgore YKing E Kingston N Klein NLadd N Lane,D N Lane,R Y Langford N Lawrence Y Lawson YLee
Long
Lord N Lucas N Lupton YMann

Y Martin Y McCoy Y McKelvey N McKinney,B
McKinney.C N Meadows N Merritt YMilam Y Mills N Mobley N Moody N Morsberger
Moultrie N Mueller
Oliver.C Y Oliver.M
YOrr Y Orrock
Padgett NParham N Parrish
Patten N Pelote Y Perry Y Pettit N Pinholster
Pinkston

YPoag Porter
Y Poston N Powell.A Y Powell.C N Purcell Y Randall
NRay N Reaves Y Redding N Ricketson Y Royal Y Selman Y Sherrill
Simpson Sinkfield Y Skipper N Smith.L N Smith.P N Smith.T Y Smith,W
Y Smyre Y Snow N Stancil.F N Stancil.S N Stanley Y Stephens

Y Streat Y Taylor YTeper Y Thomas.C Y Thomas.M N Thomas.N Y Thurmond Y Titus N Tolbert N Townsend
Turnquest N Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L YWall
Ware Y Watson
Y Watts N White Y Wilder N Williams.B
Williams,J Y Williams.R
Yeargin Murphy.Spkr

On the passage of the Bill, the ayes were 87, nays 67. The Bill, having failed to receive the requisite constitutional majority, was lost.

Representative Brush of the 83rd stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representative Poston of the 2nd moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:

HB 811. By Representatives Poston of the 2nd, Holland of the 136th, Perry of the 5th, McCoy of the 1st, Poag of the 3rd and others:
A bill to amend Code Section 27-3-48 of the Official Code of Georgia Annotated, relating to unlawful killing of wildlife at night and condemnation of property, so as to provide that the superior court where a condemnation is filed may retain the property for official use by any agency or political subdivision of the state.
On the motion, the roll call was ordered and the vote was as follows:

Abernathy Y Adams Y Aiken
Alford Y Atkins
Baker Y Balkcom N Barfoot Y Bargeron N Barnett,B Y Barnett.M Y Bates N Beatty Y Benefield Y Birdsong
Blitch N Bordeaux N Bostick N Branch N Breedlove N Brooks

N Brown
Y Brush YBuck Y Buckner NByrd Y Campbell N Canty N Carrell Y Carter Y Chafm Y Chambless N Cheeks Y Childers N Clark,E N Clark.H N Clark.L Y Coker N Coleman N Colwell Y Connell Y Culbreth

N Cummings.B Cummings,M
N Davis.G Y Davis.M Y Dixon,H
Dixon.S N Dobbs N Dover Y Dunn Y Edwards N Elliott N Felton Y Fennel N Floyd,J.M N Floyd,J.W N Flynt YGodbee Y Golden N Goodwin N Green
Greene

N Griffin Y Groover
Hamilton N Hammond Y Hanner N Harris,B Y Harris,J
Y Heard Y Henson Y Herbert
Hightower
Y Holland N Holmes N Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins N Jones N Kilgore

YKing E Kingston Y Klein NLadd N Lane.D N Lane,R N Langford N Lawrence Y Lawson YLee
Long Lord
Y Lucas Lupton
YMann Y Martin
Y McCoy Y McKelvey N McKinney.B
McKinney.C
N Meadows

TUESDAY, MARCH 5, 1991

1719

N Merritt YMilam Y Mills N Mobley N Moody Y Morsberger Y Moultrie N Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett YParham N Parrish

Patten N Pelote Y Perry
Pettit N Pinholster Y Pinkston YPoag Y Porter YPoston N Powell,A N Powell,C N Purcell YRandall NRay N Reaves

Y Redding N Ricketson Y Royal N Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper N Smith,L Y Smith.P N Smith.T N Smith,W YSmyre YSnow Y Stancil,F

On the motion, the ayes were 90, nays 69. The motion prevailed.

N Stancil.S Stanley
Y Stephens N Streat Y Taylor YTeper Y Thomas.C N Thomas.M Y Thomas.N Y Thurmond Y Titus N Tolbert N Townsend Y Turnquest NTwiggs

Y Valenti N Vaughan Y Walker,J Y Walker,L Y Wall
Ware Y Watson Y Watts N White Y Wilder
Williams.B Williams.J Y Williams,R N Yeargin Murphy,Spkr

The following Resolution of the House was read and referred to the Committee on Rules:

HR 445. By Representatives Flynt of the 75th and Herbert of the 76th:
A resolution commending Dundee Mills, Inc. and Griffin Technical Institute and inviting representatives from the corporation and the institute to appear before the House of Representatives.

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR TUESDAY, MARCH 5, 1991
Mr. Speaker and Members of the House:
Your Committee on Rules met and submits the following supplemental to the calendar already adopted this March 5, 1991, by adding the following:
HB 557 QBE; School Bus Drivers; Minimum Salaries HB 794 Georgia Trust Act; Enact HB 823 Probation; Collection of Fines, Restitution, Etc.; Court Costs
Except as herein amended, the provisions of the calendar heretofore submitted shall remain in full force and effect.
Respectfully submitted, /s/ Lee of the 72nd
Chairman

Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:

HB 557. By Representatives Oliver of the 121st, Bargeron of the 108th, Godbee of the 110th, Barfoot of the 120th, Poston of the 2nd and others:
A bill to amend Code Section 20-2-188 of the Official Code of Georgia Annotated, relating to student transportation costs under the "Quality Basic Education Act," so as to change the provisions relating to minimum salaries for school bus drivers.

The following Committee substitute was read and adopted:

1720

JOURNAL OF THE HOUSE,

A BILL
To amend Code Section 20-2-188 of the Official Code of Georgia Annotated, relating to student transportation costs under the "Quality Basic Education Act," so as to change the provisions relating to minimum salaries for school bus drivers; to repeal a specific Act; to provide an effective date and conditions relative thereto; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 20-2-188 of the Official Code of Georgia Annotated, relating to student transportation costs under the "Quality Basic Education Act," is amended hy striking subsection (b) in its entirety and substituting in lieu thereof new subsections (b) and (b.l) to read as follows:
"(b) The State Board of Education shall establish a schedule of uniform minimum salaries that shall be paid by local units of administration to drivers of school buses, regardless of type of ownership, which shall be not less than the amount appropriated by the General Assembly each year but not less than $422.38 $443.83 per month for 12 monthsj adjusted by the longevity increases provided for in subsection (b.l) of this Code section. The minimum salary schedule shall not apply to drivers of cars and other vehicles not designated as school buses. Local units of administration shall not pay to any bus driver in their employment salaries less than those prescribed by the uniform minimum salary schedule but shall have the authority to supplement such salaries. The expense of purchasing, maintaining, and operating such buses, regardless of type of ownership, shall not be considered in establishing the schedule of uniform minimum salaries for school bus drivers. The schedule of uniform minimum salaries shall be used as a standard cost item for the purpose of calculating the expense of student transportation under subsection (a) of this Code section. This subsection shall not apply to student or teacher drivers.
(b.l) (1) The minimum monthly salary payable under subsection (b) of this Code section shall be increased for each school bus driver who remains in continuous service after July lj 1991, in accordance with the following schedule:
(A) Five years of continuous service...................................................................$ 5.00
(B) Ten years of continuous service................................................................... 10.00
(C) Fifteen years of continuous service.............................................................. 15.00
(D) Twenty years of continuous service............................................................. 20.00
(2) The increases provided for in subparagraphs (B), (C), and (D) of paragraph (1) of this subsection shall be added to the increase or increases previously granted so that the total amount of increases granted after 20 years of continuous service shall be $50.00."
Section 2. An Act entitled "To amend Code Section 20-2-188 of the Official Code of Georgia Annotated, relating to student transportation costs under the 'Quality Basic Education Act,' so as to change the provisions relating to the minimum salary for school bus drivers; to provide conditions for this Act to become effective; to repeal conflicting laws; and for other purposes.", approved March 30, 1989 (Ga. L. 1989, p. 326), is repealed in its entirety.
Section 3. This Act shall become effective on July 1, 1992, if funds are appropriated for such effective date or at such later date that funds are appropriated to carry out the provisions of this Act.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

TUESDAY, MARCH 5, 1991

1721

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken
Alford
Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett,B Y Barnett.M
Y Bates Y Beatty Y Benefield Y Birdsong
Blitch Bordeaux
Y Bostick Y Branch Y Breedlove
Brooks
Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell
Canty Y Carrell Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E
Y Clark,H

Y Clark.L Y Coker Y Coleman Y Colwell Y Connell
Y Culbreth Y Cummings.B Y Cummings.M Y Davis.G Y Davis.M
Dixon.H
Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Fioyd,J.M Y Floyd,J.W
YFlynt Godbee
Y Golden Y Goodwin
Green Y Greene
Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harri8,J
Heard Y Henson

Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson
Irwin Y Jackson Y Jamieson Y Jenkins
Y Jones Y Kilgore
YKing E Kingston
Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee
Long YLord
Y Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney,B McKinney.C Y Meadows Y Merritt
YMilam Y Mills

Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr YOrrock Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter
Poston Y Powell,A Y Powell.C Y Purcell YRandall
YRay Y Reaves
Redding Y Ricketson
Y Royal Y Selman Y Sherrill
Simpson Y Sinkfield Y Skipper Y Smith.L

Y Smith.P Smith.T
Y Smith,W Y Smyre
YSnow Y Stancil.F Y Stancil,S Y Stanley Y Stephens Y Streat Y Taylor
Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert
Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L
Y Wall Ware
Y Watson Y Watts Y White Y Wilder
Y Williams.B Williams,J
Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 157, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Godbee of the 110th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 794. By Representatives Porter of the 119th, Pinkston of the 100th, Thomas of the 69th and Baker of the 51st:
A bill to amend Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and administration of estates, so as to revise and reorganize the laws relating to trusts.

The following Committee substitute was read:

A BILL
To amend Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and administration of estates, so as to revise and reorganize the laws relating to trusts; to provide for a short title; to define certain terms; to provide for applicability; to provide for jurisdiction; to resolve conflicts between trusts and provisions of Chapter 12 of Title 53, the "Georgia Trust Act"; to provide for the survival of certain principles of common law and equity; to provide for express trusts; to provide who may create a trust; to provide

1722

JOURNAL OF THE HOUSE,

that a trustee shall have legal capacity; to provide for duration of trusts; to provide that parol evidence may be presented; to provide for spendthrift provisions; to provide for creation by deed to acquire beneficial interests; to provide for testamentary additions to trusts; to provide for implied trusts; to provide for resulting trusts; to provide for purchase money resulting trusts; to provide for constructive trusts; to provide for charitable trusts; to provide for the cy pres doctrine; to provide that the Attorney General or the district attorney shall be the representative of charitable beneficiaries; to provide certain provisions for certain private foundations and trusts; to provide for revocation, modification, and termination of trusts; to provide for judicial modification of trusts; to provide for the appointment of trustees and the acceptance of trusts; to provide for cotrustees; to provide for the compensation of trustees; to provide for trustee's bond; to provide for the resignation of trustees; to provide for the removal of trustees; to provide for trustee duties and liabilities; to provide for relief of trustee liability; to provide for the liability of cotrustees; to provide for remedies; to provide for limitation of actions; to provide for the allocation of principal and income; to provide for incorporation of fiduciary powers by reference; to provide for trustee powers; to provide for the disposition of income; to provide that trustees may contract and lease property; to provide for application to superior court; to provide for the power of trustee to sell or convey trust corpus; to provide for rules and restrictions governing sales by trustees; to provide for report of sale and reinvestment of proceeds by a trustee; to provide that trustees may compromise doubtful debts; to provide that liens may not be created upon trust estates; to authorize investments of trust funds; to provide for the registration and deposit of securities; to provide for simplification of fiduciary transfers; to provide for foreign trustees; to provide for foreign trustees of real property in the state; to provide for foreign corporation fiduciaries; to amend certain provisions so as to change certain cross-references; 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 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and administration of estates, is amended by striking Chapters 12, 13, 14, 15, 16, and 17 of said title and inserting in lieu thereof a new Chapter 12 to read as follows:
"CHAPTER 12 ARTICLE 1
53-12-1. This chapter shall be known and may be cited as the 'Georgia Trust Act.' 53-12-2. As used in this chapter, the term:
(1) 'Beneficiary' means a person for whose benefit property is held in trust, regardless of the nature of the interest. A beneficiary must be definitely ascertainable at the time of the creation of the trust or definitely ascertainable within the period of the rule against perpetuities.
(2) 'Express trust* means a trust in which the settlor's intention to create the trust is expressly stated, and which meets the requirements of Code Section 53-12-20.
(3) 'Implied trust' means a trust in which the settlor's intention to create the trust is implied from the circumstances, and which meets the requirements of Code Sections 53-12-90 through 53-12-93.
(4) 'Interested person' means a trustee, beneficiary, or any other person having an interest in or claim against the trust. This meaning, as it relates to particular persons, may vary from time to time and must be determined according to the particular purposes of and matter involved in any proceeding.
(5) 'Person' means an individual, a corporation, a partnership, an association, a joint-stock company, a business trust, an unincorporated organization, or two or more persons having a joint or common interest, including an individual or a corporation acting as a personal representative or in any other fiduciary capacity.
(6) 'Property' means any type of property, whether real or personal, tangible or intangible, legal or equitable. The term also includes choses in action, claims, and contract rights, including a contractual right to receive death benefits as designated beneficiary under a policy of insurance, contract, employees' trust, or other arrangement.

TUESDAY, MARCH 5, 1991

1723

(7) 'Settlor' means the person who creates the trust. The terms 'grantor' and 'trustor' mean the same as 'settlor.'
(8) 'Trust' means a fiduciary relationship with respect to property arising from a settlor's intention to impose equitable duties on a person to hold, manage, or otherwise administer that property for the benefit of another person.
(9) 'Trust instrument' means the document or documents that manifest the elements and other details of a trust.
(10) 'Trust property' means property placed in trust by the settlor or property otherwise transferred to or acquired or retained by the trustee for the trust. The terms 'trust corpus" and 'trust res' mean the same as 'trust property'.
(11) 'Trustee' means the person holding legal title to the property in trust. 53-12-3. Except to the extent it would impair vested rights and except as otherwise provided by law, this chapter shall apply to any trust regardless of the date it was created. 53-12-4. Trusts of every kind, not generally cognizable at law, are peculiarly subjects of equity jurisdiction. Any person having a claim against any trust for services rendered to the trust or for articles, property, or money furnished for the use of the trust or having any claim for the payment of which a court exercising equitable powers of relief would render the trust liable may collect and enforce the payment of the claim in a court of law. Jurisdiction over actions and proceedings against creditors or debtors of trusts, and other actions and proceedings to which the trustee or the trust is a party which do not involve the internal affairs of the trust, lies in the court in which jurisdiction would lie if all parties to the suit were natural persons. 53-12-5. The effect of provisions of this chapter may be varied by the trust instrument except:
(1) As otherwise provided in this chapter; and (2) As to any of the requirements contained in this article and Article 2 of this chapter. 53-12-6. A trust shall never fail for the want of a trustee. 53-12-7. Except to the extent that the principles of common law and equity governing trusts are modified by this chapter or another statute, those principles remain the law of this state.
ARTICLE 2
53-12-20. (a) An express trust shall be created or declared in writing, (b) An express trust shall have each of the following elements, ascertainable with reasonable certainty:
(1) An intention by a settlor to create a trust; (2) Trust property; (3) A beneficiary; (4) A trustee; and (5) Active duties imposed on the trustee, which duties may be specified in the writing or implied by law. 53-12-21. (a) No formal words are necessary to create an express trust. (b) Words otherwise precatory in nature will create a trust only if they are sufficiently imperative to show a settlor's intention to impose enforceable duties on a trustee, and if all other elements of an express trust are present. 53-12-22. A person has capacity to create an inter vivos trust to the extent that person has legal capacity to transfer title to property inter vivos. A person has capacity to create a testamentary trust to the extent that person has legal capacity to devise or bequeath property by will. 53-12-23. A trust may be created for any lawful purpose. 53-12-24. (a) The trustee must have legal capacity under Georgia law to acquire, hold, and transfer title to property. If the trustee is a corporation, it must have the power to act as a trustee in Georgia. (b) The fact that the person named as trustee is also a beneficiary does not of itself incapacitate the person from acting as trustee.

1724

JOURNAL OF THE HOUSE,

(c) The settlor of a trust may be the trustee of the trust. 53-12-25. Property may be added to an existing trust from any source in any manner if the addition is permitted by the trust instrument and the property is acceptable to the trustee. 53-12-26. Except as otherwise provided by law, a trust shall be executory and the legal estate shall remain in the trustee only so long as the trustee has any powers or duties in regard to the trust property and the trust serves a material purpose of the settlor. 53-12-27. When the construction of an express trust is at issue, the court may hear parol evidence of the circumstances surrounding the settlor at the time of the execution of the trust and parol evidence to explain all ambiguities, both latent and patent. 53-12-28. (a) A spendthrift provision is a provision in a trust that the interest of the beneficiary in the income or in the principal or in both may not be voluntarily or involuntarily transferred before payment or delivery of the interest to the beneficiary by the trustee. (b) A spendthrift provision prohibiting voluntary transfers is valid and enforceable. (c) Except as otherwise provided in this subsection, a spendthrift provision prohibiting involuntary transfers is valid and enforceable. A spendthrift provision prohibiting involuntary transfers is not valid if the beneficiary is the settlor. A spendthrift provision prohibiting involuntary transfers is not valid as to the following claims against a distribution to a beneficiary, other than a beneficiary who has a medically determined physical or mental disability that substantially impairs the beneficiary's ability to provide for the beneficiary's care or custody and constitutes a substantial handicap, to the extent the distribution would be subject to garnishment under the laws of this state if the distribution were disposable earnings:
(1) Tort judgments; (2) Taxes; (3) Governmental claims; (4) Alimony; (5) Child support; or (6) Judgment for necessaries not voluntarily provided by the claimant. (d) Notwithstanding any other provision in this Code section to the contrary, a spendthrift provision in a bona fide pension or retirement trust is valid and enforceable with reference to the entire interest of the beneficiary in the income or in the principal or in both, even if the beneficiary is also the settlor of the trust, except where a claim is made pursuant to a qualified domestic relations order as defined in 26 U.S.C. Section 414(p), or any subsequent statute of similar import.
ARTICLE 3
53-12-50. As used in this article, the term:
(1) 'Deed' means and includes any written agreement, declaration of trust, or other instrument which creates a trust estate in the trustee or trustees named therein and sets forth the terms and conditions of the trust and which indicates an intention, either expressly or by implication, that the trust estate created therein should be subject to this article, but the word shall not include every warranty deed, quitclaim deed, bill of sale, or other instrument which conveys title to property to a trustee, merely by virtue of such fact alone.
(2) 'Estate' means any alienable interest in property, legal or equitable, freehold or nonfreehold, possessory or nonpossessory.
(3) 'Property' means and includes improved or unimproved property, real or personal, leaseholds, mortgages, notes, or other obligations secured by property or any interest therein, or other interests in such property.
53-12-51. The owners of property located in this state or persons desiring to acquire beneficial ownership of such property may create by deed an estate therein and in the improvements made thereon and in the property to be acquired, for the benefit of themselves and such other persons, whether sui juris or not, who may contribute to the

TUESDAY, MARCH 5, 1991

1725

improvement or development or acquisition of the property and their assigns or transferees, provided that the deed creating the estate shall provide for the improvement or development of the property covered thereby or for the acquisition of the property and the trustee or trustees therein named and their successors shall have some active duty to perform in and about the trust property or the management or control of the same. The deed creating the estate shall be recorded as provided in Code Section 53-12-52. When such an estate is created, the legal title to the property and all the property added thereto or substituted therefor shall vest and remain in the trustee or trustees named and his or their successors, in accordance with the terms of the deed, with all the powers conferred thereby upon the trustee, and shall not during the continuance of the estate pass to or vest in the beneficiaries. At the end of 25 years from the date of the deed creating the estate, the title to such of the property as may then belong to the estate shall vest in the beneficiaries; and, if the deed creating the estate so provides, a renewal of the estate may be made at the end of the 25 years, upon the terms and conditions and in the manner therein set forth, for a like period; provided, however, that in the alternative to the period of 25 years and the renewal thereof, if the deed so provides, the estate may be created for any period of time specified therein which does not extend beyond any number of lives in being and 21 years thereafter.
53-12-52. (a) The deed creating a trust estate as provided in Code Section 53-12-51 shall, within 30 days of the execution thereof, be filed by the trustee in the office of the clerk of the superior court of the county in which the principal office of the trust is located. The trustee shall concurrently deposit with and pay to the clerk the fee prescribed in Code Section 15-6-77. Upon the deed being filed with the clerk and the fees being paid, the clerk shall forthwith deliver to the trustee or his attorney two certified copies of the deed, the filing of the clerk thereon, and a receipt for the costs which have been paid to the clerk.
(b) Upon receiving the two certified copies of the deed, the trustee or his attorney shall present the same to the Secretary of State and shall concurrently therewith pay $5.00 to the Secretary of State for the use of the state. The Secretary of State shall thereupon attach to one of the certified copies of the deed a certificate in substantially the following form:
STATE OF GEORGIA OFFICE OF THE SECRETARY OF STATE This is to certify that a copy of the attached certified copy of a deed, declaration, or agreement of trust dated _____, by and between _____ as grantor(s) and _____ as trustee(s), which states that the trustee(s) may use the name of _____, has been duly filed in the office of the Secretary of State and the fees paid therefor, as provided by law. WITNESS my hand and official seal this ______________ day of
_______________, 19__.
Secretary of State (c) The certified copy of the deed, together with the certificate of the Secretary of State thereon, shall be received as evidence in any court or proceeding as evidence of the existence of the trust and of its nature, terms, and conditions. (d) The Secretary of State, at any time, upon the request of any person, shall make and certify additional copies of the deed, filing of the clerk, and certificate of the Secretary of State, upon payment to him of a fee of $1.00, plus 10<; per 100 words for copying, and the additional certified copies shall be likewise admitted in evidence with like force and effect. (e) Any amendment of a deed shall be filed with the clerk of the superior court and the Secretary of State in the same manner and under the same conditions required in the filing of the original deed, and the fees payable upon the filing shall be computed as if the filing were of an original deed. 53-12-53. If the deed creating a trust estate under Code Section 53-12-51 so provides, the trustee or trustees may conduct and transact the affairs of the trust estate under a business or trade name, which name shall be set forth in the deed. The name may include the word 'trust' but may not include the words 'trust company.'

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53-12-54. When an estate is created pursuant to Code Section 53-12-51 and from time to time thereafter, the trustee or trustees shall issue such certificates of beneficial interest as may be provided for by the deed to the persons who are beneficially interested in the estate or who become so interested therein in accordance with the provisions of the deed. The certificates shall pass and be transferred as personalty and in the same manner as shares of stock in corporations and shall be subject to levy and sale under attachment or execution or any other process in like manner as shares of stock. The trustee or person in charge of the estate representing the trustee shall be subject to the same demand as that provided by Code Sections 11-8-317 and 9-13-58 for the levying officer to make upon the officers of a corporation. Persons having claims against the estate may enforce the same by action against the trustee or trustees thereof in like manner as actions against corporations, and service thereof may be perfected by serving the trustee or trustees, if residents of this state, and if not, then by publication. The venue of such actions shall be the same as that of similar actions against private corporations, but neither the trustees nor the beneficiaries of the estate shall be personally or individually liable therefor except in cases where officers and stockholders of private corporations would be liable under the law.
53-12-55. The trustee or trustees of a trust created under Code Section 53-12-51 shall have sole and exclusive management and control of the property, in accordance with the terms of the deed creating the estate. The exercise by the trustee or trustees of any power granted or conferred by the deed, including the power to lease, encumber, and sell, when exercised in accordance with the terms thereof, shall be as valid and effective to all intents and purposes as if the trustee or trustees were the sole and exclusive owners of the property in his or their own right. The trustee or trustees may resign or be removed and their successors may be appointed in the manner and in accordance with the terms fixed by the deed creating the estate. The same rights, powers, and title over and to the property shall belong to and be vested in the new trustee or trustees as are conferred upon the original trustee or trustees by the deed creating the estate. The death of a trustee shall not operate to cast title upon his heirs, devisees, executors, or administrators, but the same shall vest in his successor, when appointed.
53-12-56. In addition to investments in any property, as such word is defined in Code Section 53-12-50, the trustee or trustees of a trust created under Code Section 53-12-51 may invest any funds of the trust estate in investments authorized to be made by trustees under the laws of this state; provided, however, that the deed creating the estate may further limit or expand the powers and authority of the trustee or trustees
with respect to investments, including the power to invest in property located outside
this state. The trustee or trustees are authorized and empowered, in accordance with the
terms of the deed creating the estate, from corpus or from income or from both, to
repurchase or redeem any issued and outstanding certificates of beneficial interest.
53-12-57. Each trust created pursuant to this article shall make a return to the Sec-
retary of State, upon the creation of the trust and annually thereafter, in the same man-
ner and embracing the same information, insofar as applicable, as returns by
corporations which are required to be made under Articles 1 and 16 of Chapter 2 of
Title 14, including the provisions with regard to fees, penalty for noncompliance, and
recording and certifying of copies of the returns.
53-12-58. Upon the termination of the estate created under Code Section 53-12-51,
the legal title to all the property belonging to the estate which is then undisposed of
shall pass to and vest in the persons who are, at that time, the beneficiaries of the
estate, in shares corresponding with their respective interest as beneficiaries.
53-12-59. (a) Any trust created pursuant to this article may be merged into a
domestic corporation for profit organized under the laws of this state and subject to
Title 14 if the deed creating the trust expressly authorizes the merger.
(b) With respect to the required procedure for the merger and the rights of dissent-
ing shareholders:
(1) The trust shall comply with any applicable provisions of the deed creating the
trust and with the following Code sections, as if the trust were a domestic corporation:

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(A) Subsection (b) of Code Section 14-2-1103, relating to director approval of a plan of merger, as if the trustee or trustees of the trust were a board of directors of a domestic corporation;
(B) Subsections (c) through (i) of Code Section 14-2-1103, relating to shareholder approval, and Code Sections 14-2-1301 through 14-2-1332, relating to rights of dissenting shareholders, as if the holders of certificates of beneficial interest in the trust were shareholders of a domestic corporation; and
(C) Code Sections 14-2-1105 and 14-2-1105.1, relating to execution of articles of merger and filing of the articles, together with other required documents, with the Secretary of State; and (2) The domestic corporation into which the trust is merged shall comply with the provisions of Title 14 relating to the merger of domestic corporations, in the same manner as if the trust being merged into it were a domestic corporation. (c) Upon compliance with the requirements of this Code section and the filing of articles of merger providing for a merger of the trust into a domestic corporation in the manner provided in Code Sections 14-2-1105 and 14-2-1105.1, the Secretary of State shall treat the merger as if it were a merger of corporations under Code Sections 14-2-1105 and 14-2-1105.1. (d) If the Secretary of State issues a certificate of merger, the merger shall become effective as of the time of delivery to the Secretary of State of the articles of merger so certified, as provided in Code Section 14-2-1105, or at such later time and date as the articles specify, not to exceed 60 days from the date of delivery of the articles to the Secretary of State. When the merger has become effective: (1) The trust and the domestic corporation into which the trust is merged shall be a single domestic corporation; (2) The separate existence of the trust shall cease; (3) The domestic corporation shall continue to have all the rights, privileges, immunities, and powers and shall be subject to all the duties and liabilities of a corporation organized under Title 14; (4) The domestic corporation shall thereupon and thereafter possess all the rights, privileges, immunities, and franchises, of a public as well as of a private nature, of the trust; and all property, real, personal, and mixed, all debts due on whatever account, including subscriptions to shares, all other choses in action, and all and every other interest of or belonging to or due to the trust shall be taken and deemed to be transferred to and vested in the domestic corporation without further act or deed; and the title to any real property or any interest therein vested in the trust shall not revert or be in any way impaired by reason of the merger; (5) The domestic corporation shall thenceforth be responsible and liable for all the liabilities and obligations of the trust. Any claim existing or action or proceeding pending by or against the trust may be prosecuted as if the merger had not taken place, or the domestic corporation may be substituted in its place. Neither the rights of creditors nor any liens upon the property of the trust shall be impaired by the merger; and (6) The articles of incorporation of the domestic corporation shall be deemed to be amended to the extent, if any, that changes in its articles of incorporation are stated in the plan of merger.
ARTICLE 4
53-12-70. This article shall be known and may be cited as the 'Testamentary Additions to Trusts Act."
53-12-71. (a) A devise or bequest, the validity of which is determinable by the law of this state, may be made by a will to the trustee or trustees of a trust established or to be established by the testator or by the testator and some other person or persons or by some other person or persons (including a funded or unfunded life insurance trust, even if the trustor has reserved any or all rights of ownership of the insurance contracts) if the trust is identified in the testator's will and its terms are set forth in a written instrument, other than a will, executed before or concurrently with the execution of the

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testator's will or in the valid last will of a person who has predeceased the testator (regardless of the existence, size, or character of the corpus of the trust and notwithstanding the requirements of paragraph (2) of subsection (b) of Code Section 53-12-20). The devise or bequest shall not be invalid because the trust is amendable, revocable, or both or because the trust was amended after the execution of the will or after the death of the testator.
(b) Unless the testator's will provides otherwise, the property so devised or bequeathed:
(1) Shall not be deemed to be held under a testamentary trust of the testator but shall become a part of the trust to which it is given; and
(2) Shall be administered and disposed of in accordance with the provisions of the instrument or will setting forth the terms of the trust, including any amendments thereto made before the death of the testator, regardless of whether the amendments were made before or after the execution of the testator's will, and, if the testator's will so provides, including any amendments to the trust made after the death of the testator. (c) A revocation or termination of the trust before the death of the testator shall cause the devise or bequest to lapse. 53-12-72. The trustee or trustees of a trust established by the testator or others as provided in Code Section 53-12-71 shall not be required to inquire into or audit the actions of the executor or executors of the testator's estate or to make any claim against the executor or executors unless specifically directed to do so by the trustor or trustors in the trust instrument. In the event that the trustee or trustees are authorized or directed by the trustor or trustors in the trust instrument to pay or advance any part or all of the trust property to the executor or executors of the testator's estate for the payment of debts, taxes, and expenses of administration of the testator's estate, the trustee or trustees shall not be liable for the application of the trust property so paid or advanced and shall not be liable for any act done or omitted to be done by the executor or executors with regard to the trust property. 53-12-73. This article shall apply to all devises or bequests made in the will of a testator dying on or after May 31, 1968, whether the will is executed before or after such date. This article shall not invalidate a devise or bequest to a trustee made by a will executed prior to May 31, 1968, by a testator dying prior to such date. 53-12-74. This article shall be liberally construed and applied so as to effectuate its general purpose to provide for testamentary additions to trusts and to make uniform the law among the various jurisdictions.
ARTICLE 5
53-12-90. An implied trust is either a resulting trust or a constructive trust. 53-12-91. A resulting trust is a trust implied for the benefit of the settlor or the settlor's successors in interest when it is determined that the settlor did not intend that the holder of the legal title to the trust property also should have the beneficial interest in the property, under any of the following circumstances:
(1) A trust is created but fails, in whole or in part, for any reason;
(2) A trust is fully performed without exhausting all the trust property; or (3) A purchase money resulting trust as defined in subsection (a) of Code Section 53-12-92 is established.
53-12-92. (a) A purchase money resulting trust is a resulting trust implied for the benefit of the person paying consideration for the transfer to another person of legal title to real or personal property.
(b) Except as provided in subsection (c) of this Code section, such payment of consideration shall create a presumption in favor of a resulting trust, but this presumption is rebuttable by a preponderance of the evidence.
(c) If the payor of consideration and transferee of the property are husband and wife, parent and child, or siblings, a gift shall be presumed, but this presumption is rebuttable by clear and convincing evidence.

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53-12-93. (a) A constructive trust is a trust implied whenever the circumstances are such that the person holding legal title to property, either from fraud or otherwise, cannot enjoy the beneficial interest in the property without violating some established principle of equity.
(b) The person claiming the beneficial interest in the property may be found to have waived the right to a constructive trust by subsequent ratification or long acquiescence.
53-12-94. In all cases in which a trust is sought to be implied, the court may hear parol evidence of the nature of the transaction, the circumstances, and the conduct of the parties, either to imply or rebut the trust.
ARTICLE 6 Part 1
53-12-110. The following subjects, as well as other subjects having for their purpose the relief of human suffering or the promotion of human civilization, are proper subjects of charity:
(1) The relief of poverty; (2) The advancement of education; (3) The advancement of ethics and religion; (4) The advancement of health; (5) The improvement or repair of cemeteries or tombstones; (6) The prevention of cruelty to animals; and (7) Governmental purposes. 53-12-111. A charitable trust is one in which the settlor provides that the trust property shall be used for charitable purposes. If the settlor provides for both charitable and noncharitable purposes, the provisions relating to the charitable purposes shall be governed by this article. 53-12-112. The settlor of a charitable trust may retain the power to select the charitable purposes or charitable beneficiaries, or may direct the trustee or any other person to select the charitable purposes or charitable beneficiaries or to engage in the charitable purposes, without rendering the trust void for indefiniteness. 53-12-113. If a valid charitable bequest, trust, or gift cannot be executed in the exact manner provided by the testator, settlor, or donor, the superior court will exercise equitable powers in such a way as will as nearly as possible effectuate the intention of the testator, settlor, or donor. 53-12-114. A charitable trust is valid even though by the terms of the trust it is to continue for an indefinite or unlimited period. 53-12-115. In all cases in which the rights of beneficiaries under a charitable trust are involved, the Attorney General or the district attorney of the circuit in which the major portion of trust res lies shall represent the interests of the beneficiaries and the interests of this state as parens patriae in all legal matters pertaining to the administration and disposition of such trust. The Attorney General or the district attorney may bring or defend actions and, insofar as an action of this nature may be deemed an action against the state, the state expressly gives its consent thereto. The venue of such actions may be in any county in the state in which a substantial number of persons who are the beneficiaries of the trust reside. Process shall be directed to the Attorney General or to the district attorney of the circuit in which the major portion of the trust res lies. Service may be perfected by mailing a copy of the petition and process by the clerk of the superior court of the county in which it is filed to the Attorney General or to the district attorney of the circuit in which the major portion of the trust res lies. Any judgment determining rights under any charitable trusts shall be binding on the beneficiaries if the Attorney General or the district attorney of the circuit in which the major portion of the trust res lies is a party and is served as provided in this Code section. 53-12-116. (a) As used in this Code section, the term 'charitable trust' means a charitable trust which conforms to the definition of a private foundation set forth in Section 509 of the Internal Revenue Code. (b) As used in this Code section, the term 'trustee' means the trustee of a charitable trust.

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(c) The state revenue commissioner shall be authorized to supervise the administration of charitable trusts in the manner set forth in this Code section.
(d) Every trustee of a charitable trust shall file with the state revenue commissioner a copy of the annual return filed by the trustee with the Internal Revenue Service, as required by Section 6033 of the Internal Revenue Code, or a copy of the annual report filed by the trustee with the Internal Revenue Service, as required by Section 6056 of the Internal Revenue Code.
(e) At any time the state revenue commissioner deems an audit of the financial records and accounts of a charitable trust to be necessary, the commissioner shall notify the trustee in writing, and the audit shall immediately be undertaken by a certified public accountant to be selected jointly by the commissioner and the trustee. In the event agreement cannot be reached upon selection of a certified public accountant within ten days of receipt by the trustee of the notice provided for in this subsection, either party may request the selection of a certified public accountant for such purposes by the State Board of Accountancy. Expenses and fees incurred in the preparation of an audit shall be deemed valid expenses chargeable against the affected trust.
(f) The state revenue commissioner may investigate transactions and relationships of the trustees of charitable trusts subject to this Code section for the purpose of determining whether the property held for charitable purposes is properly administered. The commissioner may require any agent, trustee, fiduciary, beneficiary, institution, association, corporation, or other person to appear at a named time and place in the county designated by him, where the person resides or is found, to give information under oath and to produce books, memoranda, papers, documents of title, and evidence of assets, liability, receipts, or disbursements in the possession or control of the person ordered to appear.
(g) When the state revenue commissioner requires the attendance of any person, as provided in subsection (f) of this Code section, the commissioner shall issue an order setting forth the time when and the place where attendance is required and shall cause the same to be served in person or by registered or certified mail upon the person at
least 14 days before the date fixed for attendance. The order shall have the same force and effect as a subpoena and, upon application of the commissioner, obedience to the
order may be enforced by any court having jurisdiction of charitable trusts in the county where the person receiving it resides or is found, in the same manner as though the
notice were a subpoena. The court may, in case of contumacy or refusal to obey the order issued by the commissioner, issue an order requiring the person to appear before
the commissioner or to produce documentary evidence, if so ordered, or to give evidence touching the matter in question; and any failure to obey the order of the court may be punished by that court as a contempt upon itself. The investigation or hearing provided
for in subsection (f) of this Code section may be made by or before a person designated by the commissioner to conduct the investigation or hearing in his behalf. Witnesses
ordered to appear shall be paid the same fees and mileage as are paid witnesses in the superior courts of this state. The commissioner or his designated representative acting
in his behalf is empowered to administer the necessary oath or affirmation to witnesses. (h) The state revenue commissioner may institute appropriate proceedings to secure
compliance with this Code section, to correct improper administration of a charitable
trust, and to invoke the jurisdiction of the court. (i) The powers and duties of the state revenue commissioner provided in this Code
section are in addition to his existing powers and duties. Nothing in this Code section shall impair or restrict the jurisdiction of any court with respect to any of the matters
covered by it, except that no court shall have jurisdiction to modify or terminate any charitable trust subject to this Code section unless the state revenue commissioner is a party to the proceedings.
(j) This Code section shall not apply to any charitable trust which holds property for religious purposes or any agent, officer, director, trustee, or employee of any religious corporation sole or other religious corporation.
Part 2
53-12-120. Notwithstanding any provision therein to the contrary and except as pro-
vided in Code Section 53-12-121, the articles of incorporation of any corporation which

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is a private foundation, as defined in Section 509 of the Internal Revenue Code, shall be amended automatically as of the later of the date of incorporation or January 1, 1972, to provide that the corporation shall:
(1) Not engage in any act of self-dealing, as defined in Section 4941(d) of the Internal Revenue Code, which would give rise to any liability for the tax imposed by Section 4941 of the Internal Revenue Code;
(2) Not retain any excess business holdings, as defined in Section 4943(c) of the Internal Revenue Code, which would give rise to any liability for the tax imposed by Section 4943 of the Internal Revenue Code;
(3) Not make any investments which would jeopardize the carrying out of any of the exempt purposes of the corporation, within the meaning of Section 4944 of the Internal Revenue Code, so as to give rise to any liability for the tax imposed by Section 4944 of the Internal Revenue Code;
(4) Not make any taxable expenditures, as defined in Section 4945(d) of the Internal Revenue Code, which would give rise to any liability for the tax imposed by Section 4945 of the Internal Revenue Code; and
(5) Distribute for the purpose specified in its articles of incorporation for each taxable year amounts at least sufficient to avoid any liability for the tax imposed by Section 4942 of the Internal Revenue Code. 53-12-121. Any corporation which is a private foundation, as defined in Section 509 of the Internal Revenue Code, may amend its articles of incorporation expressly to exclude the application of Code Section 53-12-120 or any portion thereof in the manner provided by Article 10 of Chapter 2 of Title 14 or Article 8 of Chapter 3 of Title 14, whichever is applicable. 53-12-122. Nothing contained in Code Sections 53-12-120 and 53-12-121 shall cause or be construed to cause a forfeiture or reversion of any of the property of a trust which is subject to such Code sections or to make the purposes of the trust impossible of accomplishment. 53-12-123. Nothing in Code Sections 53-12-120 and 53-12-121 shall impair the rights and powers of the courts or the Attorney General of this state with respect to any corporation. 53-12-124. Notwithstanding any provision therein to the contrary and except as provided in Code Section 53-12-126, the governing instrument of any trust which is a private foundation, as defined in Section 509 of the Internal Revenue Code, a charitable trust, as defined in Section 4947(a)(l) of the Internal Revenue Code, or a split-interest trust, as defined in Section 4947(a)(2) of the Internal Revenue Code, shall be amended automatically as of the later of the inception of the trust or January 1, 1972, to include provisions which prohibit the trustees of the trust from:
(1) Engaging in any act of self-dealing, as defined in Section 4941(d) of the Internal Revenue Code, which would give rise to any liability for the tax imposed by Section 4941 of the Internal Revenue Code;
(2) Retaining any excess business holdings, as defined in Section 4943(c) of the Internal Revenue Code, which would give rise to any liability for the tax imposed by Section 4943 of the Internal Revenue Code;
(3) Making any investments which would jeopardize the carrying out of any of the exempt purposes of the trust, within the meaning of Section 4944 of the Internal Revenue Code, so as to give rise to any liability for the tax imposed by Section 4944 of the Internal Revenue Code; and
(4) Making any taxable expenditures, as defined in Section 4945(d) of the Internal Revenue Code, which would give rise to any liability for the tax imposed by Section 4945 of the Internal Revenue Code.
However, in the case of a split-interest trust, as defined in Section 4947(a)(2) of the Internal Revenue Code, paragraphs (1) through (4) of this Code section shall apply only to the extent required by Section 4947 of the Internal Revenue Code.
53-12-125. Notwithstanding any provision therein to the contrary and except as provided in Code Section 53-12-126, the governing instrument of any trust which is a private foundation, as defined in Section 509 of the Internal Revenue Code, or which is

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a charitable trust, as defined in Section 4947(a)(l) of the Internal Revenue Code, shall be amended automatically as of the later of the inception of the trust or January 1, 1972, to include a provision which requires the trustees to distribute, for the purposes specified in the governing instrument, for each taxable year, amounts at least sufficient to avoid any liability for the tax imposed by Section 4942 of the Internal Revenue Code.
53-12-126. The trustees of any trust which is a private foundation, as defined in Section 509 of the Internal Revenue Code, a charitable trust, as defined in Section 4947(a)(l) of the Internal Revenue Code, or a split-interest trust, as defined in Section 4947(a)(2) of the Internal Revenue Code, may, without judicial proceedings, amend the governing instrument of the trust expressly to exclude the application of Code Sections 53-12-124, 53-12-125, or both, by executing a written amendment to the trust and filing a duplicate original of the amendment with the Attorney General of this state, whereupon the Code section or Code sections, as the case may be, shall not apply to the trust.
53-12-127. Nothing contained in Code Section 53-12-124, 53-12-125, or 53-12-126 shall cause or be construed to cause a forfeiture or reversion of any of the property of a trust which is subject to such Code sections or to make the purposes of the trust impossible of accomplishment.
53-12-128. Nothing in Code Sections 53-12-124 through 53-12-126 shall impair the rights and powers of the courts or the Attorney General of this state with respect to any trust.
53-12-129. (a) With respect to any trust which is a private foundation, as defined in Section 509 of the Internal Revenue Code, or a charitable trust, as defined in Section 4947(a)(l) of the Internal Revenue Code, the governing instrument of which permits distributions to the extent of the net income of the trust each year but does not permit distributions from trust principal, the trustees of the trust may elect, without judicial proceedings and notwithstanding any provision to the contrary contained in the governing instrument of the trust, to distribute in any year, for the purposes specified in the governing instrument, that amount from the principal of the trust which, when added to the income of the trust available for distribution during such year, will enable the trust to avoid any liability for the tax imposed by Section 4942 of the Internal Revenue Code, by filing a written election, which may be a continuing one, with the Attorney General of this state to have this Code section and Code Sections 53-12-130 and 53-12-131 apply to the trust. A distribution from trust principal pursuant to the election shall only be in the form of cash or securities which are either listed or admitted to unlisted trading privileges upon any stock exchange or are quoted regularly in any newspaper or newspapers having a general circulation in this state.
(b) Any election made under subsection (a) of this Code section may be revoked at any time by filing written notice of revocation with the Attorney General of this state.
53-12-130. With respect to property held by a corporation which is a private foundation, as defined in Section 509 of the Internal Revenue Code, and which is subject to conditions which permit distributions to the extent of the net income of the property each year but do not permit distributions of the property or any part thereof itself, the directors of the corporation may elect to distribute so much of the property as may be necessary to enable the corporation to avoid liability for any tax imposed by Section 4942 of the Internal Revenue Code in the same manner as if the corporation were a trust described in Code Section 53-12-129 and the property were the only property held in the trust and as if the directors were the trustees of the trust.
53-12-131. In any case where the trustees of a trust have elected to come under Code Section 53-12-129 or 53-12-130 and have distributed property in kind from the trust in satisfaction of the distribution requirements of Section 4942 of the Internal Revenue Code, the trustees shall be allowed such commission as would be allowed if the property had been sold for a price equal to its fair market value at the date of distribution and the proceeds had been distributed instead.
53-12-132. Nothing contained in Code Section 53-12-129, 53-12-130, or 53-12-131 shall cause or be construed to cause a forfeiture or reversion of any of the property of a trust which is subject to such Code sections or to make the purposes of the trust impossible of accomplishment.

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53-12-133. Nothing in Code Section 53-12-129, 53-12-130, or 53-12-131 shall impair the rights and powers of the courts or the Attorney General of this state with respect to any trust or corporation.
ARTICLE 7
53-12-150. A settlor shall have no power to modify or revoke a trust in the absence of an express reservation of such power. A power to revoke will be deemed to include a power to modify and an unrestricted power to modify will be deemed to include a power to revoke. Any revocation or modification of an express trust must be in writing.
53-12-151. In exercising a power to modify the terms of a trust, the settlor may not enlarge the duties of the trustee without the trustee's express consent.
53-12-152. (a) If upon petition of the trustee, personal representative of the decedent's estate, or any beneficiary, the court having jurisdiction over a trust, regardless of any spendthrift or similar protective provisions, finds that:
(1) The costs of administration of the trust are such that the continuance of the trust, the establishment of the trust if it is to be established, or the distribution from a probate estate, would defeat or substantially impair the purposes of the trust;
(2) The purpose of the trust has been fulfilled or has become illegal or impossible of fulfillment; or
(3) Owing to circumstances not known to the grantor, donor, or settlor and not anticipated by the grantor, donor, or settlor, the continuance of the trust would defeat or substantially impair the accomplishment of the purpose of the trust, the court, after due notice to all persons then having an interest in the trust, may order distribution of the trust property. The order shall specify the appropriate share of each beneficiary who is to share in the proceeds of the trust, taking into account the interest of any income beneficiaries and remainder beneficiaries, so as to conform as nearly as possible to the intention of the grantor, donor, settlor, or testator. The order may direct that the interest of a minor beneficiary, or any portion thereof, be converted into qualifying property and distributed to a custodian pursuant to Article 5 of Chapter 5 of Title 44, 'The Georgia Transfers to Minors Act.' In addition, the court may make such other orders as it deems proper or necessary to protect the interests of the beneficiaries and of the trustee. (b) Upon petition by a trustee, beneficiary, or any party in interest for good cause shown, the court, after conducting a hearing with notice to all parties in interest, in such manner as the court may direct, may divide a trust into two or more single trusts or consolidate two or more trusts into a single trust, upon such terms and conditions as it deems appropriate. The court shall not approve any such consolidation or division unless such consolidation or division:
(1) Is not inconsistent with the intent of the grantor, donor, settlor, or testator with regard to any trust to be consolidated or divided;
(2) Would facilitate administration of the trust or trusts; and (3) Would be in the best interest of all beneficiaries, and not materially impair their respective interests. (c) Subsection (b) of this Code section shall apply to any trust created by the same or different instruments or by the same or different persons. (d) Subsections (a) and (b) of this Code section shall not limit the right of the trustee acting in accordance with the applicable provisions of the governing instrument to divide or consolidate trusts. 53-12-153. The court may direct or permit a trustee to modify the terms of a trust if it is established by clear and convincing evidence that, owing to circumstances not known to or anticipated by the settlor, compliance would defeat or substantially impair the accomplishment of the purposes of the trust.
ARTICLE 8
53-12-170. (a) The settlor may appoint trustees, or grant that power to others, including trust beneficiaries.

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(b) If the trust instrument names a person to fill a vacancy or provides a method of appointing a trustee, any vacancy shall be filled or appointment made as provided in the trust instrument.
(c) In all other cases, the court, on petition of an interested person, may appoint any number of trustees consistent with the intention of the settlor and the interests of the beneficiaries.
(d) The petition provided for in subsection (c) of this Code section shall be served upon all income beneficiaries and upon all beneficiaries holding vested remainder interests; provided, however, that the court in its discretion may order service of the petition upon a majority of the income beneficiaries and a majority of the beneficiaries holding vested remainder interests, if it appears to the court that it will be to the advantage of the trust not to require full service upon all beneficiaries; and provided, further, that the court shall have discretion to order any other or additional service that the circumstances require.
(e) A trustee appointed as a successor trustee shall have all the authority of the original trustee.
53-12-171. The acceptance of a trust is necessary to constitute a person as trustee. Acceptance may be effected by acts as well as words. After acceptance, the trustee may
not disclaim the trusteeship. 53-12-172. Unless the trust instrument provides otherwise, the authority of cotrustees
to act on behalf of the trust shall be as follows: (1) A power vested in two or more trustees may only be exercised by their unani-
mous action. (2) If a vacancy occurs in the office of a cotrustee, the remaining cotrustee or
cotrustees may act unless and until the vacancy is filled. (3) While a cotrustee is unable to act because of inaccessibility, illness, or other
incapacity, the remaining cotrustee or cotrustees may act as if they were the only
trustees when necessary to accomplish the purposes of the trust. 53-12-173. (a) Trustees shall be compensated in accordance with either the trust
instrument or any separate written agreement. (b) If the trustee's compensation is not specified in the trust instrument or any sepa-
rate written agreement, the trustee, for services rendered, shall be entitled to the same
compensation as guardians receive for similar services. The trustee's compensation may be paid from time to time as the fees are earned, except that the fees for delivery of
property in kind, when specifically approved by the judge of the probate court, may be paid in advance of actual distribution when the judge of the probate court shall deter-
mine that this is equitable and that the condition of the estate permits it. (c) Unless the trust instrument or the agreement provides otherwise: (1) Compensation among cotrustees shall be apportioned as they shall agree or
according to the services rendered by each; (2) Compensation among successive trustees shall be apportioned according to the
proportion of time each rendered services during the year, and shall not include any amount for transferring the trust property or responsibility for it from one trustee to
a successor. 53-12-174. (a) A trustee is not required to give a bond to secure performance of the
trustee's duties unless: (1) The trust instrument requires a bond; or (2) A bond is found by the court to be necessary to protect the interests of benefi-
ciaries or creditors of the trust, even though the trust instrument waives the require-
ment of a bond. (b) Even though the trust instrument requires a bond, the court may excuse the requirement, reduce or increase the amount of a bond, release a surety, or permit the
substitution of another bond with the same or different sureties. (c) The cost of the bond shall be charged against the trust. (d) If a bond is required, it must be payable to the court for the benefit of interested
persons as their interests may appear and conditioned on faithful performance of the trustee's duties, and if imposed by a court, must be in an amount and with sureties and
liabilities required by the court.

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(e) Failure to comply with this Code section shall not make void or voidable or otherwise affect an act or transaction of a trustee with any third party.
53-12-175. (a) A trustee may resign: (1) In the manner and under the circumstances described in the trust instrument; (2) Upon application to the court wherein is located either the major portion of
the trust property or the residence of the trustee or the residence of one or more income beneficiaries of the trust, showing that the resignation has been requested in writing by all sui juris beneficiaries who are then entitled to receive income from the trust, and by a majority of the sui juris beneficiaries who hold vested remainder interests; or
(3) Upon application to the court wherein is located either the major portion of the trust property or the residence of the trustee or the residence of one or more income beneficiaries of the trust, showing to the satisfaction of the court that:
(A) The trustee is unable to continue serving as trustee due to age, illness, infirmity, or similar reason;
(B) Greater burdens have devolved upon the office of trustee than those which were originally contemplated or should have been contemplated when the trust was accepted and the assumption of the additional burdens would work a hardship upon the trustee;
(C) Disagreement exists between one or more of the beneficiaries of the trust and the trustee in respect to the trustee's management of the trust, which disagreement and conflict appears deleterious to the best interests of the trust;
(D) The resignation of the trustee will result in or permit substantial financial benefit to the trust;
(E) The resigning trustee is one of two or more acting trustees and the cotrustee or cotrustees will continue in office with no adversity to the trust contemplated; or
(F) The resignation would not be disadvantageous to the trust. (b) The application to the court provided for in paragraph (3) of subsection (a) of this Code section shall be served upon all income beneficiaries and upon all beneficiaries holding vested remainder interests; provided, however, that the court in its discretion may order service of the petition upon a majority of the income beneficiaries and a majority of the beneficiaries holding vested remainder interests, if it appears to the court that it will be to the advantage of the trust not to require full service upon all beneficiaries; and provided, further, that the court shall have discretion to order any other or additional service that the circumstances require. (c) The resignation of a trustee shall not relieve the trustee from liability for any actions prior to the resignation except to the extent the trustee is relieved by the court in the resignation proceeding, or to the extent relieved by the trust instrument. (d) If the resignation would create a vacancy required to be filled, then the resignation shall not be effective until the successor accepts the trust. 53-12-176. (a) A trustee may be removed:
(1) In accordance with the terms of the trust instrument; or (2) Upon application to the superior court by any interested person showing good cause. (b) In the discretion of the court, in order to protect the trust property or the interests of any beneficiary, on its own motion or on motion of a cotrustee or other interested person, the court may compel the trustee whose removal is being sought to surrender trust property to a cotrustee or to a receiver or temporary trustee pending a decision on a petition for removal of a trustee or pending appellate review of such decision. To the extent the court deems necessary, the powers of the trustee also may be suspended.
ARTICLE 9
53-12-190. (a) The duties contained in this chapter are applicable except as otherwise provided in the trust instrument, and are in addition to and not in limitation of the common law duties of the trustee, except to the extent inconsistent therewith.
(b) The trustee has a duty to keep the beneficiaries of the trust reasonably informed of the trust and its administration.

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(1) On reasonable request by any beneficiary the trustee shall provide the beneficiary with a report of information, to the extent relevant to the beneficiary's interest, about the assets, liabilities, receipts, and disbursements of the trust, the acts of the trustee, and the particulars relating to the administration of the trust, including the terms of the trust that describe or affect the beneficiary's interest;
(2) The trustee shall account at least annually, at the termination of the trust, and upon a change of trustees, to each beneficiary of an irrevocable trust to whom income is required or authorized in the trustee's discretion to be distributed currently, and to any person who may revoke the trust; at the termination of the trust, the trustee shall also account to each remainder beneficiary. In full satisfaction of this obligation, the trustee may deliver the accounting to the legal or natural guardian of any beneficiary who is under a legal disability;
(3) An accounting furnished pursuant to paragraph (2) of this subsection shall contain a statement of receipts and disbursements of principal and income that have occurred during the last complete fiscal year of the trust or since the last accounting and a statement of the assets and liabilities of the trust as of the end of the accounting period;
(4) The trustee is not required to report information or account to a beneficiary who has waived in writing the right to a report or accounting and has not withdrawn that waiver;
(5) Nothing in this Code section shall affect the power of a court to require an accounting. (c) The trustee shall distribute all net income derived from the trust at least annually. 53-12-191. The trustee is accountable to the beneficiary for the trust property. A violation by the trustee of any duty that the trustee owes the beneficiary is a breach of trust. 53-12-192. (a) If a trustee commits a breach of trust, or threatens to commit a breach of trust, a beneficiary shall have a cause of action:
(1) To recover damages; (2) To compel the trustee to perform the trustee's duties; (3) To enjoin the trustee from committing a breach of trust; (4) To compel the trustee to redress a breach of trust by payment of money or otherwise; (5) To appoint a receiver or temporary trustee to take possession of the trust property and administer the trust; (6) To remove the trustee; (7) To reduce or deny compensation of the trustee. (b) When trust assets are misapplied and can be traced in the hands of persons affected with notice of the misapplication, the trust shall attach to the assets. A creditor of an estate may follow assets in the hands of legatees or distributees even if they were received without notice. (c) The provision of remedies for breach of trust does not prevent resort to any other appropriate remedy provided by statute or common law. 53-12-193. (a) A trustee who commits a breach of trust is personally chargeable with any damages resulting from the breach of trust including but not limited to: (1) Any loss or depreciation in value of the trust property as a result of the breach of trust with interest;
(2) Any profit made by the trustee through the breach of trust with interest;
(3) Any amount that would reasonably have accrued to the trust or beneficiary if there had been no breach of trust with interest; and
(4) In the discretion of the court, expenses of litigation, including reasonable attorney's fees incurred by the beneficiary in bringing an action on the breach or threat to commit a breach.
(b) If the trustee is liable for interest, then the amount of the liability for interest shall be the greater of the following amounts:
(1) The amount of interest that accrues at the legal rate on judgments; or

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(2) The amount of interest actually received. 53-12-194. (a) No provision in a trust instrument is effective to relieve the trustee of liability for breach of trust committed in bad faith or intentionally or with reckless indifference to the interest of the beneficiary or for liability for any profit which the trustee has derived from a breach of trust. (b) A trustee of a revocable trust is not liable to a beneficiary for any act performed or omitted pursuant to written direction from a person holding the power to revoke, including a person to whom the power to direct the trustee is delegated. If the trust is revocable in part, then this paragraph applies with respect to the interest of the beneficiary in that part of the trust property. (c) Whenever an instrument containing a trust reserves unto the settlor or vests in an advisory or investment committee or in any other person or persons, including a cotrustee, to the exclusion of the trustee or to the exclusion of one or more of several trustees, authority to direct the making or retention of investments or of any investment, the excluded trustee or cotrustee shall be liable, if at all, only as a ministerial agent and shall not be liable as trustee or cotrustee for any loss resulting from the making or retention or any investment pursuant to the authorized direction. 53-12-195. (a) A successor trustee is liable to the beneficiary for breach of trust involving acts or omissions of a predecessor trustee only:
(1) If the successor trustee knows or reasonably should have known of a situation constituting a breach of trust committed by the predecessor trustee and the successor trustee improperly permits it to continue;
(2) If the successor trustee neglects to take reasonable steps to compel the predecessor to deliver the trust property to the successor trustee; or
(3) If the successor trustee neglects to take reasonable steps to redress a breach of trust committed by the predecessor trustee in a case where the successor trustee knows or reasonably should have known of the predecessor trustee's breach, (b) A trustee succeeding a trustee who was also the grantor is not liable to the beneficiary for any action taken or omitted to be taken by the prior trustee; nor does such successor trustee have a duty to institute any action against such prior trustee or to file any claim against such prior trustee's estate for any of the prior trustee's acts or omissions as trustee. This subsection applies only with respect to a trust or any portion of a trust that was revocable by the grantor during the time that the grantor served as trustee and committed the act or omission. 53-12-196. (a) A trustee is liable to the beneficiary for a breach committed by a cotrustee:
(1) If the trustee participates in a breach of trust committed by the cotrustee; (2) If the trustee improperly delegates the administration of the trust to the cotrustee; (3) If the trustee approves, knowingly acquiesces in, or conceals a breach of trust committed by the cotrustee; (4) If the trustee negligently enables the cotrustee to commit a breach of trust; (5) If the trustee neglects to take reasonable steps to compel the cotrustees to redress a breach of trust in a case where the trustee knows or reasonably should have known of the breach of trust. (b) If two or more cotrustees are jointly liable to the beneficiary, each cotrustee is entitled to contribution from the other, as determined by the degree of their fault.
53-12-197. (a) A trustee may maintain an action against a cotrustee to:
(1) Compel the cotrustee to perform duties required under the trust;
(2) Enjoin the cotrustee from committing a breach of trust; or
(3) Compel the cotrustee to redress a breach of trust committed by the cotrustee.
(b) The provision of remedies for breach of trust does not prevent resort to any other appropriate remedy provided by statute or common law.
53-12-198. (a) Unless a claim is previously barred by adjudication, consent, limitation, or otherwise, if a beneficiary has received a written report that adequately discloses the existence of a claim against the trustee for breach of trust, the claim is barred as to that beneficiary unless a proceeding to assert the claim is commenced within six years

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after receipt of the report. A report adequately discloses existence of a claim if it provides sufficient information so that the beneficiary knows of the claim or reasonably should have inquired into the existence of the claim. If the beneficiary has not received a report which adequately discloses the existence of a claim against the trustee for breach of trust, the claim is barred as to that beneficiary unless a proceeding to assert the claim is commenced within six years after the beneficiary discovered, or reasonably should have discovered, the subject of the claim.
(b) A successor trustee's claim against a predecessor trustee is barred unless a proceeding to assert the claim is commenced within six years after the successor trustee takes office.
(c) A trustee's claim against a cotrustee is barred unless a proceeding to assert the claim is commenced within six years after the date the cause of action against the cotrustee arises.
(d) With respect to a claim which accrued prior to July 1, 1991, the claim is barred unless a proceeding to assert the claim is commenced either prior to the date the claim would have been barred had this Code section not been enacted or within six years from the date of enactment, whichever is sooner.
53-12-199. (a) No trustee shall be personally liable on any warranty made in any conveyance of property lawfully sold, unless the trustee expresses an intention to be personally bound by such covenant.
(b) Unless otherwise provided in the contract, a trustee is not personally liable on contracts properly entered into in the trustee's fiduciary capacity unless the trustee fails to reveal the trustee's representative capacity in the contract.
(c) A judgment rendered in an action brought against the trust shall impose no personal liability on the trustee or the beneficiary.
ARTICLE 10
53-12-210. As used in this article, the term: (1) 'Income beneficiary' means the person to whom income is presently payable or
for whom it is accumulated for distribution as income. (2) 'Inventory value' means the adjusted basis for federal income tax purposes at
the time the property is acquired by the trustee. (3) 'Remainder beneficiary' means the person entitled to principal, including
income which has been accumulated and added to principal. 53-12-211. (a) A trust shall be administered with due regard to the respective interests of income beneficiaries and remainder beneficiaries. A trust is so administered with respect to the allocation of receipts and expenditures if a receipt is credited or an expenditure is charged to income or principal or partly to each:
(1) In accordance with the terms of the trust notwithstanding contrary provisions of this chapter;
(2) In the absence of any contrary terms of the trust in accordance with the provisions of this chapter; or
(3) If neither of the preceding rules of administration is applicable, in accordance with what is reasonable and equitable in view of:
(A) The interests of income beneficiaries as well as of remainder beneficiaries; and
(B) The manner in which a prudent person acting in a like capacity would act in the management of the property of another. (b) If the trust gives the trustee discretion in crediting a receipt or charging an expenditure to income or principal or partly to each, no inference that the trustee has improperly exercised such discretion shall arise from the fact that the trustee has made an allocation contrary to a subsequent provision of this chapter. 53-12-212. (a) Income is the return in money or property derived from the use of principal, including but not limited to return received as:
(1) Rent of real or personal property, including sums received for cancellation or renewal of a lease;

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(2) Interest on money lent, including sums received as consideration for the privilege of prepayment of principal except as provided in Code Section 53-12-215 on bond premium and bond discount;
(3) Income earned during administration of a decedent's estate; (4) Corporate distributions as provided in Code Section 53-12-214; (5) Accrued increment on bonds or other obligations issued at discount as provided in Code Section 53-12-215; (6) Receipts from business and farming operations as provided in Code Section 53-12-216; or (7) Receipts from property subject to depletion and timber as provided in Code Sections 53-12-217 and 53-12-218. (b) Principal is the property which has been set aside by the owner or the person legally empowered so that it is held in trust eventually to be delivered to a remainder beneficiary while the return or use of the principal is in the meantime taken or received by or held for accumulation for an income beneficiary. Principal includes, but is not limited to: (1) Consideration received by the trustee on the sale or other transfer of principal or on repayment of a loan or as a refund or replacement or change in the form of principal; (2) Proceeds of property taken on eminent domain proceedings; (3) Proceeds of insurance upon property forming part of the principal except proceeds of insurance upon a separate interest of an income beneficiary; (4) Stock dividends, receipts on liquidation of a corporation, and other corporate distributions as provided in Code Section 53-12-214; (5) Receipts from the disposition of corporate securities as provided in Code Section 53-12-215; (6) Receipts from property subject to depletion and timber as provided in Code Sections 53-12-217 and 53-12-218; (7) Any profit resulting from any change in the form of principal; (8) Any allowances for depreciation established under Code Section 53-12-216 and paragraph (2) of subsection (a) of Code Section 53-12-219. 53-12-213. (a) An income beneficiary is entitled to income from the date specified in the trust or, if none is specified, from the date an asset becomes subject to the trust. In the case of an asset becoming subject to a trust by reason of a will, it becomes subject to the trust as of the date of the death of the testator even though there is an intervening period of administration of the testator's estate. (b) In the administration of a decedent's estate or an asset becoming subject to a trust by reason of a will: (1) Receipts due but not paid at the date of death of the testator are principal; (2) Receipts in the form of periodic payments, other than corporate distributions to stockholders, including rent, interest, or annuities, not due at the date of the death of the testator shall be treated as accruing from day to day. That portion of the receipt accruing before the date of death is principal, and the balance of the receipt is income. (c) In all other cases, any receipt from an income-producing asset is income even though the receipt was earned or accrued in whole or in part before the date when the asset became subject to the trust.
(d) On termination of an income interest, the income beneficiary whose interest is terminated, or his estate, is entitled to:
(1) Income undistributed on the date of termination;
(2) Income due but not paid to the trustee on the date of termination; and
(3) Income in the form of periodic payments, other than corporate distribution to stockholders, including rent, interest, or annuities, not due on the date of termination, accrued from day to day.
(e) Corporate distributions to stockholders shall be treated as due on the day fixed by the corporation for determination of stockholders of record entitled to distribution or, if no date is fixed, on the date of declaration of the distribution by the corporation.

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53-12-214. (a) Corporate distributions of shares of the distributing corporation, including distributions in the form of a stock split or stock dividend, are principal. A right to subscribe to shares or other securities issued by the distributing corporation accruing to stockholders on account of their stock ownership and the proceeds of any sale of the right are principal.
(b) Except to the extent that the corporation indicates that some part of a corporate distribution is a settlement of preferred or guaranteed dividends accrued since the trustee became a stockholder or is in lieu of an ordinary cash dividend, a corporate distribution is principal if the distribution is pursuant to:
(1) A call of shares; (2) A merger, consolidation, reorganization, or other plan by which assets of the corporation are acquired by another corporation; (3) A total or partial liquidation of the corporation, including any distribution which the corporation indicates is a distribution in total or partial liquidation; or (4) Any distribution of assets, other than cash, pursuant to a court decree or final administrative order by a government agency ordering distribution of the particular assets. (c) In the case of a regulated investment company or a trust qualifying and electing to be taxed under federal law as a real estate investment trust: (1) Distributions made from ordinary income are income; and (2) All other distributions, including distributions from capital gains, depreciation, or depletion, whether made in the form of cash, an option to take new stock or cash, or an option to purchase additional shares, are principal.
(d) Except as provided in subsections (a), (b), and (c) of this Code section, all corporate distributions are income, including cash dividends, distributions of or rights to subscribe to shares or securities or obligations of corporations other than the distributing corporation, and the proceeds of the rights or property distributions. Except as provided in subsections (b) and (c) of this Code section, if the distributing corporation gives a stockholder an option to receive a distribution either in cash or in its own shares, the distribution chosen is income.
(e) The trustee may rely upon any statement of the distributing corporation as to any fact relevant under any provision of this article concerning the source or character of dividends or distributions of corporate assets.
53-12-215. (a) Bonds or other obligations for the payment of money are principal at their inventory value, except as provided in subsection (b) of this Code section for discount bonds. No provision shall be made for amortization of bond premiums or for accumulation for discount. The proceeds of sale, redemption, or other disposition of the bonds or obligations are principal.
(b) The increment in value of a bond or other obligation for the payment of money payable at a future time in accordance with a fixed schedule of appreciation in excess of the price at which it was issued is distributable as income. The increment in value is distributable to the beneficiary who was the income beneficiary at the time of increment from the first principal cash available or, if none is available, when realized by sale, redemption, or other disposition. Whenever unrealized increment is distributed as income but out of principal, the principal shall be reimbursed for the increment when realized.
53-12-216. If a trustee uses any part of the principal in the operation of a business, including an agricultural or farming operation, the net profits and losses of the business shall be computed in accordance with recognized methods of accounting for a comparable business. Net profits from a business are income. If a loss results in any fiscal or calendar year, the loss falls on principal and shall not be carried into any other fiscal or calendar year for purposes of calculating net income.
53-12-217. (a) If any part of the principal consists of a right to receive royalties, overriding or limited royalties, working interests, production payments, net profit interests, or other interests in minerals or other natural resources in, on or under land, regardless of whether any natural resource was being taken from the land at the time the trust was established, the receipts from taking the natural resources from the land

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shall be allocated to principal. If any part of the principal consists of property subject to depletion, including leaseholds, patents, copyrights, royalty rights, and rights to receive payments on a contract for deferred compensation, but excluding interests in minerals or other natural resources as described above, and in timber or in land from which merchantable timber may be removed, the trustee shall determine the value and the useful life of the property as of the beginning of each annual accounting period. Receipts shall be allocated to principal to amortize that value; the balance of the receipts shall be allocated to income.
(b) A trustee that, on July 1, 1991, held an item of depletable property of a type specified in this Code section may allocate receipts from the property in the manner used before July 1, 1991, but as to all depletable property acquired after July 1, 1991, by an existing or new trust, the method of allocation provided in this article shall be used.
53-12-218. If any part of the principal consists of land from which merchantable timber may be removed, the receipts from taking the timber from the land shall be allocated in accordance with paragraph (3) of subsection (a) of Code Section 53-12-211.
53-12-219. (a) The following charges shall be made against income: (1) Ordinary expenses incurred in connection with the administration, manage-
ment, or preservation of the trust property, including regularly recurring taxes assessed against any portion of the principal, premiums on insurance taken upon the interests of the income beneficiary, remainder beneficiary, or trustee, interest paid by the trustee, and ordinary repairs;
(2) A reasonable allowance for depreciation on property subject to depreciation under generally accepted accounting principles, but no allowance shall be made for depreciation of that portion of any real property used by a beneficiary as a residence; the trustee may exercise discretion in determining whether to take an allowance for depreciation of any property held by the trustee on July 1, 1991, for which the trustee is not then making an allowance for depreciation;
(3) One-half of court costs, attorney's fees, and other fees on periodic judicial accounting, unless the court directs otherwise;
(4) Court costs, attorney's fees, and other fees on other accountings or judicial proceedings if the matter primarily concerns the income interest, unless the court directs otherwise;
(5) One-half of the trustee's regular periodic compensation, whether based on a percentage of principal or income, and all expenses incurred for current management of principal and application of income;
(6) Any tax payable by the trustee levied upon receipts defined as income under this chapter or the trust. (b) If charges against income are of unusual amount, the trustee may by means of reserves or other reasonable means charge them over a reasonable period of time and withhold from distribution sufficient sums to regularize distributions. (c) All other charges shall be made against principal. (d) Regularly recurring charges payable from income shall be apportioned to the same extent and in the same manner that income is apportioned under Code Section 53-12-213. (e) Expenses incurred in connection with the settlement of a decedent's estate, including interest and penalties concerning taxes, fees of attorneys and personal representatives, and court costs, may be charged against the principal or income at the discretion of the personal representative.
ARTICLE 11
53-12-230. As used in this article, the term 'fiduciary' means the one or more executors of the estate of a decedent or the one or more trustees of a testamentary or inter vivos trust estate, whichever in a particular case is appropriate.
53-12-231. (a) By an expressed intention of the testator or settlor contained in a will or in an instrument in writing whereby a trust estate is created inter vivos, any or all of the powers or any portion thereof enumerated in this article, as they exist at the

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time of the signing of the will by the testator or at the time of the signing by the first settlor who signs the trust instrument, may be, by appropriate reference made thereto, incorporated in the will or other written instrument with the same effect as though such language were set forth verbatim in the instrument.
(b) Incorporation of one or more of the powers contained in this article, by reference to the appropriate portion of Code Section 53-12-232, shall be in addition to and not in limitation of the common-law or statutory powers of the fiduciary.
(c) The incorporation of fiduciary powers by reference to versions of Code Section 53-12-232 as it existed prior to November 1, 1982, shall be deemed appropriate for wills or other instruments signed prior to such date.
53-12-232. The following powers may be incorporated by reference, as provided by this article:
(1) To retain for such time as the fiduciary shall deem advisable any property, real or personal, which the fiduciary may receive even though the retention of the property by reason of its character, amount, proportion to the total estate, or otherwise would not be appropriate for the fiduciary apart from this paragraph;
(2) To sell, exchange, give options upon, partition, or otherwise dispose of any property or interest therein which the fiduciary may hold from time to time, with or
without order of court, at public or private sale or otherwise, upon such terms and conditions, including credit, and for such consideration as the fiduciary shall deem
advisable, and to transfer and convey the property or interest therein which is at the disposal of the fiduciary, in fee simple absolute or otherwise, free of all trust; the
party dealing with the fiduciary shall not be under a duty to follow the proceeds or other consideration received by the fiduciary from the sale or exchange;
(3) To invest and reinvest, as the fiduciary shall deem advisable, in common or preferred stocks, bonds, debentures, notes, mortgages, or other securities, in or outside the United States; in insurance contracts on the life of any beneficiary or of any per-
son in whom a beneficiary has an insurable interest or in annuity contracts for any beneficiary; in any real or personal property; in investment trusts; in participations in
common trust funds; and, generally, in such property as the fiduciary shall deem advisable even though the investment is not of the character approved by applicable law but for this paragraph;
(4) To make investments which cause a greater proportion of the total property held by the fiduciary to be invested in investments of one type or of one company
than would be considered appropriate for the fiduciary apart from this paragraph; (5) To the extent and upon such terms and conditions and for such periods of time
as the fiduciary shall deem necessary or advisable, to continue or participate in the
operation of any business or other enterprise, whatever its form or organization, including, but not limited to, the power:
(A) To effect incorporation, dissolution, or other change in the form of the organization of the business or enterprise;
(B) To dispose of any interest therein or acquire the interest of others therein; (C) To contribute or invest additional capital thereto or to lend money thereto in any such case upon such terms and conditions as the fiduciary shall approve from time to time; and
(D) To determine whether the liabilities incurred in the conduct of the business
are to be chargeable solely to the part of the estate or trust set aside for use in the business or to the estate or trust as a whole. In all cases in which the fiduciary is required to file accounts in any court or in any
other public office, it shall not be necessary to itemize receipts, disbursements, and distributions of property, but it shall be sufficient for the fiduciary to show in the
account a single figure or consolidation of figures, and the fiduciary shall be permitted to account for money and property received from the business and any payments
made to the business in lump sum without itemization;
(6) To form a corporation or other entity and to transfer, assign, and convey to the corporation or entity all or any part of the estate or of any trust property in exchange for the stock, securities, or obligations of any such corporation or entity, and
to continue to hold the stock and securities and obligations;

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(7) To continue any farming operation received by the fiduciary pursuant to the will or other instrument and to do any and all things deemed advisable by the fiduciary in the management and maintenance of the farm and the production and marketing of crops and dairy, poultry, livestock, orchard, and forest products, including, but not limited to, the following powers:
(A) To operate the farm with hired labor, tenants, or sharecroppers; (B) To lease or rent the farm for cash or for a share of the crops; (C) To purchase or otherwise acquire farm machinery, equipment, and livestock; (D) To construct, repair, and improve farm buildings of all kinds needed, in the fiduciary's judgment, for the operation of the farm; (E) To make or obtain loans or advances at the prevailing rate or rates of interest for farm purposes, such as for production, harvesting, or marketing; or for the construction, repair, or improvement of farm buildings; or for the purchase of farm machinery, equipment, or livestock; (F) To employ approved soil conservation practices, in order to conserve, improve, and maintain the fertility and productivity of the soil; (G) To protect, manage, and improve the timber and forest on the farm and to sell the timber and forest products when it is to the best interest of the estate; (H) To ditch, dam, and drain damp or wet fields and areas of the farm when and where needed; (I) To engage in the production of livestock, poultry, or dairy products and to construct such fences and buildings and to plant pastures and crops as may be necessary to carry on such operations; (J) To market the products of the farm; and (K) In general, to employ good husbandry in the farming operation; (8) To manage real property: (A) To improve, manage, protect, and subdivide any real property; (B) To dedicate, or withdraw from dedication, parks, streets, highways, or alleys; (C) To terminate any subdivision or part thereof; (D) To borrow money for the purposes authorized by this paragraph for the periods of time and upon the terms and conditions as to rates, maturities, and renewals as the fiduciary shall deem advisable and to mortgage or otherwise encumber the property or part thereof, whether in possession or reversion; (E) To lease the property or part thereof, the lease to commence at the present or in the future, upon the terms and conditions, including options to renew or purchase, and for the period or periods of time as the fiduciary deems advisable even though the period or periods may extend beyond the duration of the trust or of the administration of the estate involved; (F) To make gravel, sand, oil, gas, and other mineral leases, contracts, licenses, conveyances, or grants of every nature and kind which are lawful in the jurisdiction in which the property lies; (G) To manage and improve timber and forests on the property, to sell the timber and forest products, and to make grants, leases, and contracts with respect thereto; (H) To modify, renew, or extend leases;
(I) To employ agents to rent and collect rents;
(J) To create easements and to release, convey, or assign any right, title, or interest with respect to any easement on the property or part thereof;
(K) To erect, repair, or renovate any building or other improvement on the property and to remove or demolish any building or other improvement in whole or in part; and
(L) To deal with the property and every part thereof in all other ways and for such other purposes or considerations as it would be lawful for any person owning the same to deal with the property either in the same or in different ways from those specified elsewhere in this paragraph;
(9) To pay taxes, assessments, compensation of the fiduciary, and other expenses incurred in the collection, care, administration, and protection of the trust or estate;

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(10) To receive additional property from any source and to administer the additional property as a portion of the appropriate trust or estate under the management of the fiduciary, provided that the fiduciary shall not be required to receive the property without the fiduciary's consent;
(11) In dealing with one or more fiduciaries: (A) To sell real or personal property to or to exchange such property with the
trustee of any trust which the decedent or the settlor or his spouse or any child of his shall have created for such estates and upon such terms and conditions as to sale price, terms of payment, and security as shall seem advisable to the fiduciary; and the fiduciary shall be under no duty to follow the proceeds of any such sale; and
(B) To borrow money for such periods of time and upon such terms and conditions as to rates, maturities, renewals, and securities as the fiduciary shall deem advisable from any trust created by the decedent, his spouse, or any child of his, for the purpose of paying debts of the decedent, taxes, the costs of the administration of the estate, and like charges against the estate or any part thereof or of discharging any other liabilities of the trust or estate and to mortgage, pledge, or otherwise encumber such portion of the estate or any trust as may be required to secure the loan or loans and to renew the loans; (12) To borrow money for such periods of time and upon such terms and conditions as to rates, maturities, renewals, and security as the fiduciary shall deem advisable, including the power of a corporate fiduciary to borrow from its own banking department, for the purpose of paying debts, taxes, or other charges against the estate or any trust or any part thereof, and to mortgage, pledge, or otherwise encumber such portion of the estate or any trust as may be required to secure the loan or loans; and to renew existing loans either as maker or endorser; (13) To make loans or advances for the benefit or the protection of the trust or estate;
(14) To vote shares of stock owned by the estate or any trust at stockholders' meetings, in person or by special, limited, or general proxy, with or without power of substitution;
(15) To hold a security in the name of a nominee or in other form without disclosure of the fiduciary relationship, so that title to the security may pass by delivery; but the fiduciary shall be liable for any act of the nominee in connection with the stock so held;
(16) To exercise all options, rights, and privileges to convert stocks, bonds, debentures, notes, mortgages, or other property into other stocks, bonds, debentures, notes, mortgages, or other property; to subscribe for other or additional stocks, bonds, debentures, notes, mortgages, or other property; and to hold the stocks, bonds, debentures, notes, mortgages, or other property so acquired as investments of the estate or trust so long as the fiduciary shall deem advisable;
(17) To unite with other owners of property similar to any which may be held at any time in the decedent's estate or in any trusts, in carrying out any plan for the consolidation or merger, dissolution or liquidation, foreclosure, lease, or sale of the property or the incorporation or reincorporation, reorganization or readjustment of the capital or financial structure of any corporation, company, or association, the securities of which may form any portion of an estate or trust; to become and serve as a member of a stockholders' or bondholders' protective committee; to deposit securities in accordance with any plan agreed upon; to pay any assessments, expenses, or sums of money that may be required for the protection or furtherance of the interest of the distributees of an estate or the beneficiaries of any trust with reference to any such plan; and to receive as investments of an estate or any trust any securities issued as a result of the execution of such plan;
(18) To reduce the interest rate from time to time on any obligation, whether secured or unsecured, constituting a part of an estate or trust;
(19) To continue any obligation, whether secured or unsecured, upon and after maturity, with or without renewal or extension, upon such terms as the fiduciary shall

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deem advisable, without regard to the value of the security, if any, at the time of the continuance;
(20) To foreclose, as an incident to the collection of any bond, note, or other obligation, any mortgage, deed of trust, or other lien securing the bond, note, or other obligation and to bid in the property at the foreclosure sale or to acquire the property by deed from the mortgagor or obligor without foreclosure; and to retain the property so bid in or taken over without foreclosure;
(21) To carry such insurance coverage, including public liability, for such hazards and in such amounts, either in stock companies or in mutual companies, as the fiduciary shall deem advisable;
(22) To collect, receive, and issue receipts for rents, issues, profits, and income of an estate or trust;
(23) To compromise, adjust, arbitrate, bring or defend actions on, abandon, or otherwise deal with and settle claims in favor of or against the estate or trust as the fiduciary shall deem advisable; the fiduciary's decision shall be conclusive between the fiduciary and the beneficiaries of the estate or trust and the person against or for whom the claim is asserted, in the absence of fraud by such persons, and, in the absence of fraud, bad faith, or gross negligence of the fiduciary, shall be conclusive between the fiduciary and the beneficiaries of the estate or trust;
(24) To employ and compensate, out of income or principal or both and in such proportion as the fiduciary shall deem advisable, persons deemed by the fiduciary needful to advise or assist in the proper settlement of the estate or the administration of any trust, including, but not limited to, agents, accountants, brokers, attorneys at law, attorneys in fact, investment brokers, rental agents, realtors, appraisers, and tax specialists; and to do so without liability for any neglect, omission, misconduct, or default of the agent or representative, provided he was selected and retained with due care on the part of the fiduciary;
(25) To acquire, receive, hold, and retain undivided the principal of several trusts created by a single instrument until division shall become necessary in order to make distributions; to hold, manage, invest, reinvest, and account for the several shares or parts of shares by appropriate entries in the fiduciary's books of account and to allocate to each share or part of share its proportionate part of all receipts and expenses; provided, however, that this paragraph shall not defer the vesting in possession of any share or part of share of the estate or trust;
(26) To set up proper and reasonable reserves for taxes, assessments, insurance premiums, depreciation, obsolescence, amortization, depletion of mineral or timber properties, repairs, improvements, and general maintenance of buildings or other property out of rents, profits, or other income received;
(27) To make distribution of capital assets of the estate or trust in kind or in cash, or partially in kind and partially in cash, in divided or undivided interests, as the fiduciary finds to be most practicable and for the best interests of the distributees, and the fiduciary may distribute types of assets differently among the distributees; and to determine the value of capital assets for the purpose of making distribution thereof if and when there are more than one distributee thereof, which determination shall be binding upon the distributees unless clearly capricious, erroneous, and inequitable;
(28) To make payments in money, or in property in lieu of money, to or for a minor or incompetent in any one or more of the following ways:
(A) Directly to the minor or incompetent;
(B) Directly in payment for the support; maintenance; education; and medical, surgical, hospital, or other institutional care of the minor or incompetent;
(C) To the legal or natural guardian of the minor or incompetent; or
(D) To any other person, whether or not appointed guardian of the person by any court, who shall, in fact, have the care and custody of the person of the minor or incompetent.
The fiduciary shall not be under any duty to see to the application of the payments so made if the fiduciary exercised due care in the selection of the person, including

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the minor or incompetent, to whom the payments were made; and the receipt of the person shall be full acquittance to the fiduciary;
(29) To determine: (A) What is principal and what is income of any estate or trust and to allocate
or apportion receipts and expenses, as between principal and income, in the exercise of the fiduciary's discretion and, by way of illustration and not limitation of the fiduciary's discretion, to charge premiums on securities purchased at a premium against principal or income or partly against each;
(B) Whether to apply stock dividends and other noncash dividends to income or principal or to apportion them as the fiduciary shall deem advisable; and
(C) What expenses, costs, and taxes, other than estate, inheritance, and succession taxes and other governmental charges, shall be charged against principal or income or apportioned between principal and income and in what proportions; (30) To make contracts and to execute instruments, under seal or otherwise, as may be necessary in the exercise of the powers granted in this Code section; (31) To serve without making and filing inventory and appraisement, without filing any annual or other returns or reports to any court, and without giving bond; but the fiduciary shall furnish to the income beneficiaries, at least annually, a statement of receipts and disbursements; and (32) To make distribution, whether of income or principal, from the estate or trust to or for a person under the age of 21 years by transferring the amount or property interest involved to a custodianship for the benefit of such person created under and governed by Article 5 of Chapter 5 of Title 44, known as 'The Georgia Transfers to Minors Act.' 53-12-233. The enumeration in this article of any power or authority of a fiduciary shall not create a presumption or raise an inference that the power or authority is not otherwise held by or granted by law to the fiduciary. 53-12-234. The beneficiaries of a trust executed after July 1, 1991, which omits any of the powers in Code Section 53-15-3 may, unless the trust expressly prohibits it, by unanimous consent authorize but not require the court to grant to the trustee those powers. With respect to any beneficiary who is not sui juris, such consent may be given by the duly appointed guardian of the property, if any, or if none, by the duly appointed guardian of the person, if any, or if none, by either parent in the case of a minor or a majority in interest of the beneficiaries in the case of an incapacitated adult; provided, however, that such consent on behalf of a person not sui juris shall not be effective when the only person consenting is the person who will serve or who is serving as trustee. The grant of any such powers may only be ordered after due notice of any such proceeding has been given to all persons then having an interest in the trust, and in the absence of any objection having been filed.
ARTICLE 12
53-12-250. Trustees are authorized, out of the income of the estate, to pay all debts incurred for its protection and preservation and to appropriate a sufficiency of the balance for the support and maintenance of the beneficiaries of the trust. They may not encroach upon the corpus of the estate, except by order of the superior court.
53-12-251. Trustees may make contracts for labor or service for the benefit of the estates of their beneficiaries, upon such terms as they deem best. All such contracts, made in good faith, shall be a charge upon and bind the estates whenever the same are approved by the judge of the probate court of the county.
53-12-252. As used in Code Sections 53-12-253 through 53-12-257, the term: (1) 'Trust' includes the estate held by an executor, administrator, guardian, or
trustee. (2) 'Trustee' includes an executor, administrator, guardian, or trustee.
53-12-253. When the assets of a trust include an interest in real property, the trustee may apply to the superior court for an order authorizing him to lease the real property or a part thereof for a term of years which may or will continue beyond the termination of the trust; and the superior court in the execution of the protective powers of equity

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over trust estates and the estates of wards of equity shall have power and jurisdiction to pass an order authorizing the execution of such a lease.
53-12-254. Notice of all applications made pursuant to Code Section 53-12-253 shall be given to all of the living beneficiaries of the trust in such manner as may be ordered by the court. If minors are interested and they have no guardians, guardians ad litem shall be appointed and notified before the case proceeds.
53-12-255. It shall be the duty of the superior court to hear evidence that may be tendered by the trustee. If the court is satisfied from the proceedings that the lease to be authorized is expedient, the court shall pass an order authorizing the trustee to execute the lease, subject however to such terms as the court shall deem proper and necessary to protect the value of the trust estate.
53-12-256. A lease, the execution of which has been approved by an order of the superior court on an application made pursuant to Code Section 53-12-253, shall be binding upon all beneficiaries of the trust in life and all beneficiaries of the trust who may thereafter be born for the full term of the lease despite the fact that the term of the lease continues beyond the termination of the trust.
53-12-257. A trustee, unless expressly authorized by the instrument creating the trust, shall have no authority to sell or convey the corpus of the trust estate. Such sales shall be by virtue of an order of the superior court, upon a regular application to the court. The application shall be made on full notice to all parties in interest.
53-12-258. Where a trust deed or other instrument limits an estate in fee, for life, or with remainders over and in the same conveyance a power to sell, encumber, or otherwise dispose of the property is reserved or created, the power shall be construed to extend to a sale, encumbrance, or disposition of the fee unless the power is expressly or by necessary implication limited to a smaller estate.
53-12-259. Sales by trustees, unless otherwise provided in the order of the court authorizing a sale, shall be made under the same rules and restriction as are provided for sales by administrators of estates.
53-12-260. (a) In all cases where a judge by order or by decree based on the verdict of a jury allows any trust property to be sold, it shall be the duty of the court or judge signing the order to require the trustee, within 60 days from the date of the order, to file and have recorded in the office of the clerk of the superior court of the county having jurisdiction of the trust property a written report, on oath, of his actions under the order, furnishing the following information:
(1) The name of the purchaser of the property;
(2) The price at which the property was sold;
(3) A description of the property in which the proceeds have been reinvested, the price paid therefor, and the name of the person from whom the same was bought; and
(4) If the proceeds have not been reinvested, the reason therefor.
(b) If the proceeds have been reinvested, the judge shall pass such order, as to him shall seem best, confirming the same or ordering a new investment. If the proceeds have not been reinvested, the judge shall issue such order as shall be necessary and shall require the trustee to report within 60 days from the order, as required in subsection (a) of this Code section.
53-12-261. If any trustee making a sale as provided in Code Section 53-12-260 fails, neglects, or refuses to make the report and reinvestment provided for in such Code sec-
tion, the judge shall cause a rule to be issued against the trustee making the sale,
returnable at a time stated therein. Upon the hearing thereof, the court shall compel the
trustee to reinvest the funds, under the direction of the court, upon pain of being
attached for contempt and committed until the same is done.
53-12-262. Purchasers shall not be required to see to a reinvestment of any proceeds
of sales made pursuant to Code Section 53-12-260. However, guardians ad litem and all
other parties to the proceedings in which leave to sell has been granted who are sui juris
shall be bound to see that the reinvestment and report are made. Upon the failure of
the trustee to reinvest and report, the persons shall be bound to have the failure to obey
the order of the court called to the attention of the court for its action.

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53-12-263. All persons acting in a fiduciary capacity are authorized to compromise all debts, the collection of which are doubtful, belonging to their estates when such settlements will advance the interests of those represented, provided the judge of the probate court shall first make an order directing the compromise. All persons acting under this Code section, on making their returns, shall make oath that the settlements made were in good faith and to the best interests of the parties thus represented.
53-12-264. Trustees are not authorized to create any liens upon the trust estate except such as are given by law.
ARTICLE 13
53-12-280. Any trustee holding trust funds may invest the same in bonds or other securities issued by this state, making a true return of the price paid and time of purchase. The investment shall be free from taxation as long as they are held for the trust estate. Trustees are also authorized to invest trust funds in direct and general obligations of the United States government, obligations unconditionally guaranteed by the United States government, or obligations of agencies of the United States government issued by the Federal Land Bank, Federal Home Loan Bank, Federal Intermediate Credit Bank, and Central Bank for Cooperatives. No person, firm, corporation, or association shall be liable to account for a greater rate of interest than the amount actually received on the investment. Any other investments of trust funds shall be made under an order of the superior court or shall be at the risk of the trustee. Deposits of funds at interest in any chartered state or national bank or trust company located in this state and insured by the Federal Deposit Insurance Corporation shall be deemed investments; and the deposits are authorized as legal investments, to the extent that the deposits are insured by the Federal Deposit Insurance Corporation, without any order or authority from any court.
53-12-281. Trustees may invest trust funds in bonds and other securities issued by this state bearing a lower rate of interest than 7 percent per annum and shall, in the settlement of their accounts on the funds so invested, be chargeable with no greater interest than that received from the state; provided, however, that the trustee shall, within 30 days after the investment, make a return to the judge of the probate court of the amount and character of the bonds purchased and the price paid.
53-12-282. (a) Trustees are authorized to invest trust funds in any bonds issued by any county or municipality of this state which have been validated as required by law for the validation of county and municipal bonds, upon the same terms and conditions as they are authorized to invest trust funds in state bonds and securities.
(b) Trustees are authorized to invest trust funds in any bonds issued by any county board of education under Subpart 1 of Part 3 of Article 9 of Chapter 2 of Title 20 for the purpose of building and equipping schoolhouses, which bonds have been validated and confirmed as required under Part 1 of Article 2 of Chapter 82 of Title 36, upon the same terms and conditions as they are authorized to invest trust funds in state, county, and municipal bonds and securities.
53-12-283. Trustees are authorized to invest any funds held by them as such trustees in real property, provided that an order to that effect shall first be obtained from the judge of the superior court.
53-12-284. In addition to all other investments which executors, administrators, guardians, trustees, custodians, and other like fiduciaries holding trust funds are authorized by statute to make, they may also invest trust funds held by them in real property loans:
(1) Which are not in default; (2) Which are secured by mortgages or deeds to secure debt conveying a first security title to improve real property; (3) Which are insured pursuant to the National Housing Act; and (4) With respect to which loans, on or after default, pursuant to such insurance, debentures in at least the full amount of unpaid principal are issuable, which debentures are fully and unconditionally guaranteed both as to principal and interest by the United States.

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53-12-285. Loans guaranteed by the Small Business Administration, but only the guaranteed portion of any loan transferable to secondary investors by the Small Business Administration under a secondary participation agreement, shall be lawful investments for savings bank deposits, for all fiduciary and trust funds, and for the funds of insurance companies and savings and loan associations.
53-12-286. Farm loan bonds issued by federal land banks or joint-stock land banks under an act of Congress approved July 17, 1916, known as the Federal Farm Loan Act, and any notes, bonds, debentures, or other similar obligations, consolidated or otherwise, issued by farm credit institutions pursuant to the Farm Credit Act of 1971 (Public Law 92-181) shall be lawful investments for savings bank deposits, for all fiduciary and trust funds, and for the funds of insurance companies and savings and loan associations. The farm loan bonds shall be accepted as security for all public deposits on the same terms as any bonds for which the faith of the United States is pledged.
ARTICLE 14
53-12-300. Whenever a bank or trust company is duly authorized to act and is acting as a fiduciary, which term shall include an executor, administrator, trustee, or guardian, and has a nominee or nominees in whose name securities, including, without limitation, bonds, stocks, notes, and other evidences of title to intangible personal property, held as a fiduciary, may be registered, it shall be lawful to register securities in the name of the nominee or nominees without mention of the fiduciary relationship in the instrument evidencing the securities or on the books of the issuer of the same, provided that:
(1) The records of the corporate fiduciary shall at all times clearly show that the securities are held by the corporate fiduciary in its capacity as fiduciary, together with the beneficial owner or owners thereof and all facts relating to its ownership, possession, and holding thereof; and
(2) The corporate fiduciary shall not be relieved of liability for the safe custody, control, and proper distribution of the securities by reason of the registration of same in the name of any nominee. 53-12-301. If two or more fiduciaries are acting jointly in reference to any securities, it shall be lawful to register the property in the name of any nominee or any joint corporate fiduciary; and, in the event that more than one corporate fiduciary is acting, it shall be lawful to register securities in the name of any nominee of any one of the corporate fiduciaries. 53-12-302. (a) Any fiduciary holding securities in its fiduciary capacity, any bank or trust company holding securities as a custodian or managing agent, and any bank or trust company holding securities as custodian for a fiduciary is authorized to deposit or arrange for the deposit of the securities in a clearing corporation, as defined in Article 8 of Title 11. When the securities are deposited, certificates representing securities of the same class of the same issuer may be merged and held in bulk, in the name of the nominee of the clearing corporation, with any other such securities deposited in the clearing corporation by any person, regardless of the ownership of the securities, and certificates of small denominations may be merged into one or more certificates of larger denomination. The records of the fiduciary and the records of the bank or trust company acting as custodian, as managing agent, or as custodian for a fiduciary shall at all times show the name of the party for whose account the securities are deposited. Title to the securities may be transferred by bookkeeping entry on the books of the clearing corporation without physical delivery of certificates representing the securities. (b) A bank or trust company depositing securities pursuant to this Code section shall be subject to such rules and regulations as, in the case of state chartered institutions, the commissioner of banking and finance and, in the case of national banking associations, the comptroller of the currency may from time to time issue. (c) A bank or trust company acting as custodian for a fiduciary, on demand by the fiduciary, shall certify in writing to the fiduciary the securities deposited by the bank or trust company in the clearing corporation for the account of the fiduciary. A fiduciary, on demand by any party to a judicial proceeding for the settlement of the fiduciary's account or on demand by the attorney for the party, shall certify in writing

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to the party the securities deposited by the fiduciary in the clearing corporation for its account as the fiduciary.
(d) This Code section shall apply to any fiduciary holding securities in its fiduciary capacity and to any bank or trust company holding securities as a custodian, managing agent, or custodian for a fiduciary acting on April 13, 1973, or acting thereafter, regardless of the date of the agreement, instrument, or court order by which it is appointed and regardless of whether or not the fiduciary, custodian, managing agent, or custodian for a fiduciary owns capital stock of the clearing corporation.
ARTICLE 15
53-12-320. This article shall be known and may be cited as the 'Uniform Act for Simplification of Fiduciary Security Transfers.'
53-12-321. As used in this article, the term: (1) 'Assignment' includes any written stock power, bond power, bill of sale, deed,
declaration of trust, or other instrument of transfer. (2) 'Claim of beneficial interest* includes a claim of any interest by a decedent's
legatee, distributee, heir, or creditor, a beneficiary under a trust, a ward, a beneficial owner of a security registered in the name of a nominee, or a minor owner of a security registered in the name of a custodian, or a claim of any similar interest, whether the claim is asserted by the claimant or by a fiduciary or by any other authorized person on his behalf, and includes a claim that the transfer would be in breach of fiduciary duties.
(3) 'Corporation' means a private or public corporation, association, or trust issuing a security.
(4) 'Fiduciary' means an executor, administrator, trustee, guardian, committee, conservator, curator, tutor, custodian, or nominee.
(5) 'Person' includes an individual, a corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest, or any other legal or commercial entity.
(6) 'Security' includes any share of stock, bond, debenture, note, or other security issued by a corporation which is registered as to ownership on the books of the corporation.
(7) 'Transfer' means a change on the books of a corporation in the registered ownership of a security.
(8) 'Transfer agent' means a person employed or authorized by a corporation to transfer securities issued by the corporation. 53-12-322. A corporation or transfer agent registering a security in the name of a person who is a fiduciary or who is described as a fiduciary is not bound to inquire into the existence, extent, or correct description of the fiduciary relationship, and thereafter the corporation and its transfer agent may assume without inquiry that the newly registered owner continues to be the fiduciary until the corporation or transfer agent receives written notice that the fiduciary is no longer acting as such with respect to the particular security. 53-12-323. Except as otherwise provided in this article, a corporation or transfer agent making a transfer of a security pursuant to an assignment by a fiduciary:
(1) May assume without inquiry that the assignment, even though to the fiduciary himself or to his nominee, is within his authority and capacity and is not in breach of his fiduciary duties;
(2) May assume without inquiry that the fiduciary has complied with any controlling instrument and with the law of the jurisdiction governing the fiduciary relationship, including any law requiring the fiduciary to obtain court approval of the transfer; and
(3) Is not charged with notice of and is not bound to obtain or examine any court record or any recorded or unrecorded document relating to the fiduciary relationship or the assignment even though the record or document is in its possession.

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53-12-324. (a) A corporation or transfer agent making a transfer pursuant to an assignment by a fiduciary who is not the registered owner shall obtain the following evidence of appointment or incumbency:
(1) In the case of a fiduciary appointed or qualified by a court, a certificate issued by or under the direction or supervision of that court or an officer thereof and dated within 60 days before the transfer; or
(2) In any other case, a copy of a document showing the appointment or a certificate issued by or on behalf of a person reasonably believed by the corporation or transfer agent to be responsible or, in the absence of such a document or certificate, other evidence reasonably deemed by the corporation or transfer agent to be appropriate.
(b) Corporations and transfer agents may adopt standards with respect to evidence of appointment or incumbency under paragraph (2) of subsection (a) of this Code section, provided such standards are not manifestly unreasonable.
(c) Neither the corporation nor transfer agent is charged with notice of the contents of any document obtained pursuant to paragraph (2) of subsection (a) of this Code section except to the extent that the contents relate directly to the appointment or incumbency.
53-12-325. (a) A person asserting a claim of beneficial interest adverse to the transfer of a security pursuant to an assignment by a fiduciary may give the corporation or
transfer agent written notice of the claim. The corporation or transfer agent is not put on notice unless the written notice identifies the claimant, the registered owner, and the issue of which the security is a part, provides an address for communications directed to the claimant, and is received before the transfer.
(b) As soon as practicable after the presentation of a security for transfer pursuant to an assignment by a fiduciary, a corporation or transfer agent which has received notice of a claim of beneficial interest adverse to the transfer may send notice of the presentation by registered or certified mail to the claimant at the address given by him.
If the corporation or transfer agent so mails such a notice it shall withhold the transfer for 30 days after the mailing and shall then make the transfer unless restrained by a court order.
(c) Nothing in this article relieves the corporation or transfer agent of any liability for making or refusing to make the transfer after it is put on notice unless it proceeds
in the manner authorized in subsection (b) of this Code section. 53-12-326. A corporation or transfer agent incurs no liability to any person by mak-
ing a transfer or otherwise acting in a manner authorized by this article. 53-12-327. (a) No person who participates in the acquisition, disposition, assign-
ment, or transfer of a security by or to a fiduciary including a person who guarantees the signature of the fiduciary is liable for participation in any breach of fiduciary duty
by reason of failure to inquire whether the transaction involves such a breach unless it is shown that he acted with actual knowledge that the proceeds of the transaction were
being or were to be used wrongfully for the individual benefit of the fiduciary or that the transaction was otherwise in breach of duty.
(b) If a corporation or transfer agent makes a transfer pursuant to an assignment by a fiduciary, a person who guaranteed the signature of the fiduciary is not liable on the guarantee to any person to whom the corporation or transfer agent by reason of this article incurs no liability.
(c) This Code section does not impose any liability upon the corporation or its transfer agent.
53-12-328. This article does not affect any obligation of a corporation or transfer agent with respect to estate, inheritance, succession, or other taxes imposed by the laws of this state.
53-12-329. (a) The rights and duties of a corporation and its transfer agents in reg-
istering a security in the name of a fiduciary or in making a transfer of a security pursuant to an assignment by a fiduciary are governed by the law of the jurisdiction under whose laws the corporation is organized.
(b) This article applies to the rights and duties of a person other than the corporation and its transfer agents with regard to acts and omissions in this state in connection

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with the acquisition, disposition, assignment, or transfer of a security by or to a fiduciary and of a person who guarantees in this state the signature of a fiduciary in connection with such a transaction.
53-12-330. This article shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.
ARTICLE 16 Parti
53-12-350. Any trustee who resides outside this state and who has been regularly appointed as trustee in the state in which he resides may institute an action in any court in this state to enforce any right or to recover any property belonging to his beneficiary or accruing to the trustee as such.
53-12-351. Pending the action brought by a foreign trustee pursuant to Code Section 53-12-350, properly authenticated certified copies of the letters of appointment as trustee shall be filed with the clerk of the court, if the case is pending in a court of record, to become a part of the record or filed with the papers of the action in a summary proceeding.
53-12-352. No foreign trustee shall be personally liable by any warranty made in any conveyance of property lawfully sold unless the trustee distinctly expresses an intention in the conveyance to be personally bound by such covenant.
53-12-353. Any trustee who resides in any other state is authorized to sell and convey any trust property which is in this state under the rules prescribed for the sale and conveyance of real property by executors, administrators, guardians, or trustees of this state, provided that the foreign trustee shall file and have recorded in the office of the judge of the probate court or other proper office, at the time of making his application for sale, properly authenticated certified copies of his letters of appointment as trustee and shall also file with the judge of the probate court or other proper authority bond with good and sufficient security, in double the value of the property to be sold, for the faithful execution of the trusteeship, as required by law.
53-12-354. If any resident of this state is interested as creditor, heir, or legatee in the estate of which a foreign trustee is the representative, he may apply to the proper court to compel the foreign trustee to protect his interests, according to equity and good conscience, before the trustee removes the assets of the estate beyond the limits of this state.
Part 2
53-12-370. Any foreign trustee of real property in this state who holds, administers, or in any manner exercises dominion over real property shall be deemed to have consented to service of any summons, notice, or process in connection with any action or proceeding in the courts of this state growing out of or based upon any act or failure to act on the part of the trustee upon the Secretary of State unless the trustee shall designate as the agent or agents for such service some person or persons who may be found and served with notice, summons, or process in this state by a designation or designations to be filed, from time to time, in the office of the Secretary of State, giving the names of the agent or agents and the place or places in this state where the agent or agents may be found and served.
53-12-371. If a foreign trustee of real property in this state fails to designate some person or persons who may be found and served with notice, summons, or process in this state, service of summons, notice, or process shall be made upon the trustee by serving a copy of the petition or other pleading, with process attached thereto on the Secretary of State, along with a copy of the affidavit to be submitted to the court pursuant to this Code section. The service shall be sufficient service upon the nonresident trustee, provided that notice of the service and a copy of the petition and process is forthwith sent by registered or certified mail by the plaintiff or his agent to the trustee, in the state where the trustee resides, and the return receipt and the affidavit of the plaintiff as to compliance with this Code section are appended to the summons or other process and filed with the summons, petition, and other papers in the court where the

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action is pending. The Secretary of State shall charge and collect a fee as set out in Code Section 45-13-26 for service of process on him under this Code section.
53-12-372. (a) All actions brought against a nonresident trustee of real property in this state shall be brought in the county where the real property or some portion of the same is located.
(b) In the event that the nonresident trustee has designated a person or persons to accept service and an action is brought in a county other than the one in which the person or persons designated by the trustee to accept service reside, service of the summons and process under this part may be perfected upon the trustee by a second original served upon the person or persons in any other county of this state.
53-12-373. All foreign trustees of real property in this state shall be subject to removal, to giving bond, and to direction by the superior court of any county in which the real property is located to the same extent as a resident trustee; and all of the applicable provisions of this article shall apply to nonresident trustees to the same extent as resident trustees.
53-12-374. It shall be unlawful for any nonresident trustee who has failed to comply with this part to exercise any control or dominion over any real property in this state or to handle or disburse any funds conditioned to the care, upkeep, or improvement of the real property. The trusteeship of any trustee who fails to comply with this part shall be deemed vacant and a new trustee shall be appointed as provided in Article 8 of this chapter.
53-12-375. This part shall not be construed to authorize any nonresident to act as trustee in this state if he could not lawfully so act prior to February 24, 1953.
53-12-376. This part is cumulative of any other law of this state on the same general subject.
Part3
53-12-390. As used in this part, the term 'foreign corporation' means: (1) Any bank or other corporation organized or existing under the laws of any
state of the United States which borders upon this state, namely, Florida, Alabama, Tennessee, North Carolina, or South Carolina; and
(2) Any national banking association having its principal place of business in any state of the United States which borders upon this state, namely, Florida, Alabama, Tennessee, North Carolina, or South Carolina. 53-12-391. (a) Any foreign corporation, as defined in Code Section 53-12-390, may act in this state as trustee, executor, administrator, guardian, or any other like or similar fiduciary capacity, whether the appointment is by law, will, deed, inter vivos trust, security deed, mortgage, deed of trust, court order, or otherwise without the necessity of complying with any law of this state relating to the qualification of foreign corporations to do business in this state or the licensing of foreign corporations to do business in this state, except as provided in this part, and notwithstanding any prohibition, limitation, or restriction contained in any other law of this state, provided only that:
(1) The foreign corporation is authorized to act in the fiduciary capacity or capacities in the state in which it is incorporated or, if the foreign corporation is a national banking association, in the state in which it has its principal place of business; and
(2) Any bank or other corporation organized under the laws of this state or a national banking association having its principal place of business in this state is permitted by law to act in such fiduciary capacities in the state in which the foreign corporation seeking to act in this state is organized or in which it has its principal place of business, if it is a national banking association:
(A) Without further showing or qualification other than that it is authorized to act in such fiduciary capacities in this state and upon compliance with the laws of the other state, if any, concerning service of process on nonresident fiduciaries; and
(B) With no greater requirements made by the law of such state as a condition for permission for a corporation of this state so to act in the other state in such capacities than are required by this part as a condition for the foreign corporations to exercise such powers in this state.

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(b) The foreign corporations seeking to exercise fiduciary powers in this state, upon qualifying in this state to act in any of such fiduciary capacities, shall not be required by law to give bond, if bond is relieved by the instrument, law, or court order in which such corporation has been designated to act in such fiduciary capacity and if no bond would under such circumstances be required of a corporation of this state, provided that a corporation of this state or a national banking association having its principal place of business in this state shall not be required by the laws of the state where the corporation seeking to act in this state has been organized or in which its principal place of business is located, if it is a national banking association, to give bond in such other state, when relieved of the requirement by the instrument, law, or court order under which such corporation of this state has been designated to act as a condition for being permitted to act in such fiduciary capacity, in such other state, except where a bond might under similar circumstances be required of a corporation of the other state.
(c) Nothing in this part shall be construed to prohibit or make unlawful any activity in this state by a bank or other corporation which is not incorporated under the laws of this state or by a national bank which does not have its principal place of business in this state, which activity would be lawful in the absence of this part.
53-12-392. A foreign corporation, insofar as it acts in a fiduciary capacity in this state pursuant to this part, shall not be deemed to be transacting business in this state; but no such foreign corporation shall establish or maintain in this state a place of business, branch office, or agency for the conduct in this state of business as a fiduciary.
53-12-393. Prior to the time when any foreign corporation acts pursuant to the authority of this part in any fiduciary capacity or capacities in this state, the foreign corporation shall file with the Secretary of State a verified statement which shall state:
(1) The correct corporate name of the foreign corporation; (2) The name of the state under the laws of which it is incorporated or, if the foreign corporation is a national banking association, a statement of that fact;
(3) The address of its principal business office;
(4) In what fiduciary capacity or capacities it desires to act in this state; and
(5) That it is authorized to act in a similar fiduciary capacity or capacities in the state in which it is incorporated or, if it is a national banking association, in which it has its principal place of business.
The statement shall irrevocably appoint the Secretary of State of this state as its true and lawful attorney to receive service of all legal process in any action or proceeding against it relating to or growing out of any trust, estate, or matter in respect of which the foreign corporation may act in this state in any such fiduciary capacity. The statement shall be verified by an officer of the foreign corporation, and there shall be filed with it such certificates of public officials and copies of documents certified by public officials as may be necessary to show that the foreign corporation is authorized to act in a fiduciary capacity or capacities similar to those in which it desires to act in this state, in the state in which it is incorporated or, if it is a national banking association, in which it has its principal place of business.
53-12-394. (a) Every foreign corporation acting in a fiduciary capacity in this state pursuant to the terms of this part shall be deemed to have appointed the Secretary of State to be its true and lawful attorney upon whom may be served all legal process in any action or proceeding against it relating to or growing out of any trust, estate, or matter in respect of which the foreign corporation has acted in this state in any fiduciary capacity. Service of process shall be made by delivering two copies for each defendant of the summons or other process, with two copies of the petition or complaint, when service of such copies is required by law, accompanied by a fee of $10.00, to the Secretary of State or to any person in his office authorized by him to receive the service. The Secretary of State shall immediately forward the process, together with the copy of the petition or complaint, if any, to the foreign corporation, by registered or certified mail, addressed to it at the address on file with the Secretary of State or, if it is not on file, then at its last known address. The Secretary of State shall not accept any petition or other pleading for service under this Code section unless two copies thereof or one copy with 50<C per page for photostating the other copy is filed in his office.

TUESDAY, MARCH 5, 1991

1755

(b) The Secretary of State shall keep a permanent record in his office showing, for all process served, the style of the action or proceeding, the court in which it was brought, the name and title of the officer serving the process, the day and hour of service, the day of mailing by registered or certified mail to the foreign corporation, and the address to which mailed."
Section 2. Code Section 7-1-242 of the Official Code of Georgia Annotated, relating to restriction on corporate fiduciaries, is amended by striking subsection (b) of said Code section and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Nothing in this chapter shall be construed to repeal or to change Part 2 of Artide 3 ef Chapter W Article 16 of Chapter 12 of Title 53, dealing with foreign trustees, or Chapter 16 Part 3 of Article 16 of Chapter 12 of Title 53, dealing with certain foreign corporations acting as fiduciaries, or any other statutes or rules of law on such subjects."
Section 3. Article 1 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to limitation of actions in general, is amended by striking Code Section 9-3-4, relating to limitations as to trusts, in its entirety and inserting in lieu thereof the following:
"9-3-4. Reserved."
Section 4. Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitation, is amended by striking Code Section 9-3-27, relating to actions against fiduciaries, in its entirety and inserting in lieu thereof the following:
"9-3-27. All actions against executors, administrators, or guardians, e* trustees, except on their bonds, shall be brought within ten years after the right of action accrues."
Section 5. Code Section 11-10-105 of the Official Code of Georgia Annotated, relating to laws not repealed by the enactment of the "Uniform Commercial Code," is amended by striking subsection (2) of said Code section and inserting in lieu thereof a new subsection (2) to read as follows:
"(2) This title does not repeal Chapter } Article 15 of Chapter 12 of Title 53, and if in any respect there is any inconsistency between that chapter and the article of this title on investment securities (Article 8) the provisions of the former chapter shall control."
Section 6. Code Section 14-2-1109 of the Official Code of Georgia Annotated, relating to merger or share exchange with joint-stock or other unincorporated association or trust, is amended by striking paragraph (1) of subsection (a) of said Code section and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) 'Joint-stock association' includes any association of the kind commonly known as a joint-stock association or joint-stock company and any unincorporated association, trust, or enterprise having members or having outstanding shares of stock or other evidences of financial and beneficial interest therein, whether formed by agreement or under statutory authority or otherwise, but does not include a corporation, partnership, or nonprofit organization. A joint-stock association as defined in this paragraph may be one formed under the laws of this state, including a trust created pursuant to P-a-rf ef Article 3 Article 3 of Chapter 12 of Title 53, or one formed under or pursuant to the laws of any other state or jurisdiction."
Section 7. Code Section 15-9-127 of the Official Code of Georgia Annotated, relating to the additional concurrent jurisdiction of the probate courts with superior courts, is amended by striking paragraphs (4), (5), and (6) of said Code section and inserting in lieu thereof new paragraphs (4), (5), and (6) to read as follows:
"(4) Appointment of new trustee to replace trustee pursuant to Code Section 68-13-8 53-12-170;
(5) Acceptance of the resignation of a trustee upon written request of the beneficiaries pursuant to Code Section 63-13-9 53-12-175; and

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(6) Acceptance of resignation of a trustee upon petition of the trustee pursuant to Code Sections 68 18-10, 63-13-11, and 63-18-12 53-12-175."
Section 8. Code Section 48-13-55 of the Official Code of Georgia Annotated, relating to facility operated by charitable trust or functionally related business, is amended by striking subsection (d) of said Code section and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) For purposes of this Code section, the term 'charitable trust' means any trust or other entity covered by Part 3 of- Article 3 ef Chapter iS ef Title 685 the 'Georgia Charitable Truat Act2 Article 6 of Chapter 12 of Title 53. For purposes of this Code section, the term 'functionally related business' means a business entity, whether or not incorporated, which is owned by such a charitable trust and which constitutes a functionally related business within the meaning of Section 4942(j)(4) of the Internal Revenue Code."
Section 9. Chapter 1 of Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and administration of estates in general, is amended by striking Code Section 53-1-6, relating to powers of executor under a will, and inserting in lieu thereof a new Code Section 53-1-6 to read as follows:
"53-1-6. An executor under a will executed after July 1, 1990, which omits any of the powers in Code Section 68-16-3 53-12-232 may, unless the will expressly prohibits it, be given those powers by application, citation, and order as set forth in Code Section 53-6-26, concerning administrators, except that the provisions concerning unanimous consent shall be applied to all beneficiaries under the will who would be affected by the grant of any such power to the executor, rather than to the heirs at law."
Section 10. Code Section 53-6-26 of the Official Code of Georgia Annotated, relating to designation of county for application of letters of administration, is amended by striking subsection (b) of said Code section and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) As part of the application for letters of administration or by separate application, the heirs at law may, by unanimous consent, authorize but not require the judge of the probate court to waive the bond of the administrator required by Code Section 53-7-30 and to grant to the administrator any of the powers contained in Code Section 63-16-3 53-12-232. With respect to any heir at law who is not sui juris, such consent may be given by the duly appointed guardian of the property, if any, or if none, by the duly appointed guardian of the person, if any, and if none, by either parent in the case of a minor or a majority in interest of the heirs apparent in the case of an incapacitated adult; provided, however, that such consent on behalf of a person not sui juris shall not be effective when the only person consenting is the person who will serve or who is serving as administrator. The provisions of Code Section 53-7-37 shall not apply to the waiver of bond under this subsection. The waiver of bond and grant of powers may only be ordered after publication of a citation as provided in Code Section 53-6-27 and without any objection being filed to such waiver of bond or the grant of any such powers as requested in the application. Such citation shall be sufficient if it states that the application requests, if applicable, that the bond be waived or that, if applicable, certain powers contained in Code Section 63-16-3 53-12-232 be granted."
Section 11. Code Section 53-8-9 of the Official Code of Georgia Annotated, relating to securities of investment company or investment trust, is amended by striking subsection (a) of said Code section and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Whenever an instrument or court order establishing a fiduciary relationship authorizes, permits, requires, or directs a corporate fiduciary with trust powers under Georgia law to invest funds in direct and general obligations of the United States government, obligations unconditionally guaranteed by the United States government, or obligations of the agencies of the United States government enumerated in Code Section 63-13-64 53-12-280, such fiduciary may invest in and hold such obligations either directly or in the form of securities of or other interests in any open-end or closed-end

TUESDAY, MARCH 5, 1991

1757

management type investment company or investment trust registered under the Investment Company Act of 1940, as from time to time amended, so long as:
(1) The portfolio of such investment company or investment trust is limited to such obligations and repurchase agreements fully collateralized by such obligations;
(2) Such investment company or investment trust takes delivery of such collateral, either directly or through an authorized custodian; and
(3) Such investment company or investment trust is operated so as to provide a constant net asset value or price per share."
Section 12. This Act shall become effective on July 1, 1991.
Section 13. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Thomas of the 69th, Chambless of the 133rd, Porter of the 119th, Pinkston of the 100th and Groover of the 99th move to amend the Committee substitute to HB 794 by striking lines 11 through 13 of page 34 and inserting in lieu thereof the following:
"53-12-173. (a) Trustees shall be compensated in accordance with either the trust instrument or any separate written agreement. The agreement shall be between the trustee and the settlor, or after the settlor's death or incapacity or while the trust is irrevocable, and subsequent to any original fee agreement entered into by the settlor and the trustee, the trustee and a majority in number of both of the sui juris income and vested remainder beneficiaries, executed in writing at such time or times as changes, if any, occur."

The Committee substitute, as amended, was adopted.

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, by substitute, as amended, the roll call was ordered and the vote was as follows:

Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates
Y Beatty Y Benefield Y Birdsong
Blitch
Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Y Brown
Brush YBuck Y Buckner YByrd Y Campbell
Canty Y Carrell

Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark.H Y Clark.L Y Coker Y Coleman
Colwell Y Connell
Y Culbreth Y Cummings,B Y Cummings.M Y Davis.G Y Davis.M
Dkon.H Y Dixon,S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd,J.W YFlynt

Y Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner
Harris.B Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower
Y Holland Y Holmes Y Howard Y Hudson Y Irwin
Y Jackson Y Jamieson Y Jenkins Y Jones
Y Kilgore YKing E Kingston
Y Klein

YLadd Y Lane,D Y Lane.R Y Langford Y Lawrence Y Lawson YLee
Long YLord Y Lucas
Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney.B McKinney.C Y Meadows
Y Merritt Milam
Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C
Y Oliver.M
YOrr

Y Orrock
Y Padgett Y Parham Y Parrish
Patten Y Pelote
Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston
Powell.A Y Powell.C Y Purcell Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal
Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith,L Y Smith.P

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Y Smith.T Y Smith.W YSmyre YSnow Y StanciLF Y Stancil.S Y Stanley

JOURNAL OF THE HOUSE,

Y Stephens
Y Streat Y Taylor YTeper Y Thomas.C Y Thomas.M Y Thomas.N

Y Thunnond Y Titus Y Tolbert Y Townsend Y Turnquest
Twiggs Y Valenti

Y Vaughan Y Walker,J Y Walker.L Y Wall
Ware Y Watson Y Watts

Y White Y Wilder Y Williams.B
Williams,J Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 156, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

HB 823. By Representatives Walker of the 115th, Groover of the 99th, Murphy of the 18th and Buck of the 95th:
A bill to amend Code Section 42-8-34.2 of the Official Code of Georgia Annotated, relating to civil actions and remedies for the collection of fines, costs, restitution, and reparation ordered as a condition of probation, so as to provide that no deposit of court costs shall be required for such civil actions and remedies.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Abernathy
Y Adams Y Aiken Y Alford Y Atkins Y Baker
Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong
Blitch Bordeaux Y Bostick Y Branch Y Breedlove Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell Canty Y Carrell Y Carter YChafin Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark.H

Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings.M
Y Davis.G Y Davis,M
Dixon,H
Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Y Flynt YGodbee Y Golden Y Goodwin
Y Green Greene
Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris,B Y Harris,J Y Heard Y Henson

Y Herbert Y Hightower
Y Holland Y Holmes Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing E Kingston Y Klein
YLadd Y Lane,D
Y Lane,R Y Langford Y Lawrence
Y Lawson YLee
Long YLord Y Lucas
Y Lupton
YMann Y Martin
Y McCoy Y McKelvey
McKinney,B McKinney.C Y Meadows Y Merritt Y Milam Y Mills

Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver,M YOrr Y Orrock
Y Padgett YParham Y Parrish
Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell Y Randall
YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper
Y Smith,L

Y Smith,P Y Smith,T Y Smith.W YSmyre YSnow Y Stancil.F Y Stancil.S
Stanley Stephens Y Streat Y Taylor YTeper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan
Y Walker,J Y Walker.L
Y Wall Ware
Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams,J Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 161, nays 0. The Bill, having received the requisite constitutional majority, was passed.

TUESDAY, MARCH 5, 1991

1759

HB 36. By Representatives Simpson of the 70th and Thomas of the 69th:
A bill to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing in general, so as to provide that paper products purchased and contracted for by the Department of Administrative Services shall be paper products manufactured from recycled paper or fiber if the price offered is within 10 percent of the price paid for paper products currently being used by the state.

The following Committee substitute was read:

A BILL
To amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing in general, so as to provide that paper products purchased and contracted for by the Department of Administrative Services shall be paper products manufactured from recovered fiber if the price offered is within 10 percent of the price paid for 100 percent virgin fiber paper products; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing in general, is amended by adding a new Code Section 50-5-60.1 to read as follows:
"50-5-60.1. Paper products purchased and contracted for by the Department of Administrative Services shall be manufactured from recovered fiber if the price bid is within 10 percent of the price paid for 100 percent virgin fiber paper products, and must meet the standards, quality level, and specifications established by the Department of Administrative Services."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and adopted:

Representative Simpson of the 70th moves to amend HB 36 by inserting on line 8 of page 1 between the word and symbol "products;" and the word "to" the following:
"to provide for the amount of funds that the Department of Administrative Services may expend in a fiscal year;".
By striking all the language on lines 13 and 14 of page 1 and inserting the following:
"to state purchasing in general, is amended by adding new Code Sections 50-5-60.1 and 50-5-60.2 to read as follows:".
By striking the quotation mark on line 22 of page 1 and inserting between lines 22 and 23 of page 1 the following:
"50-5-60.2. The department shall expend no more than $1 million per year in any year in which Code Section 50-5-60.1 is in effect on the total price of products described in Code Section 50-5-60.1.'
Section 2. This Act shall become effective on July 1, 1991, and shall be repealed on July 1, 1996."
By redesignating Section 2 as Section 3.

Representative Parrish of the 109th moves to amend the Committee substitute to HB 36 as follows:

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On page 1 line 18 strike "10" and insert "5".

The Committee substitute, as amended, was adopted.

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, by substitute, as amended, the roll call was ordered and the vote was as follows:

Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom
Y Baifoot Y Bargeron
Barnett,B Y Barnett.M
Y Bates N Beatty Y Benefield Y Birdsong
Blitch
Y Bordeaux Y Bostick N Branch Y Breedlove
Brooks Y Brown
Y Brush YBuck Y Buckner YByrd Y Campbell
Canty Y Carrell Y Carter N Chafin Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark.H

Y Clark.L Y Coker
Coleman Y Colwell N Connell Y Culbreth N Cummings.B Y Cummings.M
Davis.G N Davis.M
Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Y Edwards N Elliott
Felton Y Fennel N Floyd,J.M Y Floyd,J.W
Y Flynt Y Godbee Y Golden Y Goodwill Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Banner Y Harris.B Y Harris,J
N Heard Y Henson

Y Herbert Y Hightower
Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson
Y Jamieson Y Jenkins
Y Jones Y Kilgore YKing E Kingston Y Klein
NLadd Y Lane.D Y Lane.R Y Langford N Lawrence Y Lawson
NLee Long Lord
Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney.B McKinney.C N Meadows N Merritt Y Milam Y Mills

Y Mobley
N Moody Y Morsberger
Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M
YOrr Y Orrock
Y Padgett Y Parham N Parrish
Patten Pelote Y Perry Pettit N Pinholster Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C N Purcell Y Randall
YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith,L

Y Smith,P N Smith.T Y Smith,W
Y Smyre Y Snow Y Stancil,F N Stancil.S Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest
Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall
Ware Y Watson
Y Watts White
Y Wilder Y Williams.B
Williams,J Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 134, nays 20.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Dixon of the 128th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.
Representative Dunn of the 73rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

Under the general order of business, established by the Committee on Rules, the following Bill of the House was again taken up for consideration:

HB 811. By Representatives Poston of the 2nd, Holland of the 136th, Perry of the 5th, McCoy of the 1st, Poag of the 3rd and others:
A bill to amend Code Section 27-3-48 of the Official Code of Georgia Annotated, relating to unlawful killing of wildlife at night and condemnation of property, so as to provide that the superior court where a condemnation is filed may retain the property for official use by any agency or political subdivision of the state.

TUESDAY, MARCH 5, 1991

1761

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Abernathy N Adams Y Aiken
Alford Y Atkins Y Baker Y Balkcom N Barfoot Y Bargeron
Barnett.B Y Barnett,M N Bates N Beatty Y Benefield
Y Birdsong Blitch
N Bordeaux N Bostick N Branch
Breedlove Brooks N Brown
N Brush YBuck Y Buckner NByrd N Campbell
Canty N Carrell
Y Carter Y Chafin Y Chambless Y Cheeks Y Childere N Clark.E N Clark.H

Y Clark,L Y Coker N Coleman N Colwell Y Connell Y Culbreth N Cummings,B Y Cummings.M
Davis.G Y Davis.M
Dixon,H Dixon.S NDobbs N Dover Dunn Y Edwards N Elliott Felton Y Fennel N Floyd,J.M N Floyd,J.W YFlynt
N Godbee N Golden
Y Goodwin Y Green
Greene N Griffin Y Groover
Hamilton Y Hammond N Hanner N Harris,B Y Harris^
Heard Y Henson

Y Herbert Y Hightower
Y Holland N Holmes N Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones N Kilgore YKing E Kingston Y Klein NLadd N Lane.D N Lane.R N Langford N Lawrence Y Lawson YLee
Long Lord Lucas N Lupton YMann N Martin Y McCoy Y McKelvey McKinney.B McKinney.C N Meadows N Merritt YMilam
Y Mills

N Mobley N Moody Y Morsberger Y Moultrie N Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock
Y Padgett N Parham N Parrish
Patten N Pelote Y Perry Y Pettit N Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C N Purcell Y Randall
NRay N Reaves
Redding N Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper N Smith,L

Y Smith,P N Smith.T N Smith,W Y Smyre YSnow Y Stancil,F N Stancil.S
Y Stanley Stephens
N Streat Y Taylor Y Teper Y Thomas.C N Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert N Townsend Y Turnquest N Twiggs Y Valenti N Vaughan Y Walker,J Y Walker,L Y Wall
Ware Y Watson Y Watts N White Y Wilder N Williams,B
Williams,J Y Williams.R Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 92, nays 61. The Bill, having received the requisite constitutional majority, was passed.

The following Resolutions of the House were read and adopted:

HR 446. By Representatives McKinney of the 35th, Randall of the 101st, Sinkfield of the 37th, Thomas of the 31st and Cummings of the 134th:
A resolution commending Ms. Sharon Louise Teague; designating March 10, 1991, as Sharon Teague Day.

HR 447. By Representative Poston of the 2nd: A resolution expressing regret at the passing of Herman B. Tucker.

HR 448. By Representative Poston of the 2nd: A resolution expressing regret at the passing of Reuben B. Master.

HR 449. By Representatives Morsberger of the 62nd and Goodwin of the 63rd:
A resolution commending Ari Russell, Executive Director of Gwinnett United in Drug Education (GUIDE), for her outstanding contributions to drug abuse .prevention.

1762

JOURNAL OF THE HOUSE,

HR 450. By Representative Jones of the 71st: A resolution commending Ansley Exner.

HR 451. By Representatives Beatty of the 12th, Jackson of the 9th, Orr of the 9th and Lawson of the 9th:
A resolution commending Mr. James C. Lofton.

HR 452. By Representative Mobley of the 64th: A resolution commending Ms. Florence Schwartz.

HR 453. By Representative Carter of the 146th: A resolution commending Jerry Moore.

HR 454. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th:
A resolution commending the judges of the Douglas Judicial Circuit.

HR 455. By Representatives Buckner of the 72nd, Lee of the 72nd, Benefield of the 72nd, King of the 72nd and Chafin of the 72nd:
A resolution commending and recognizing the City of Morrow Police Department and B. C. Haynie Elementary School.

HR 456. By Representatives Jackson of the 9th, Murphy of the 18th, Lee of the 72nd, Walker of the 115th, Groover of the 99th and others:
A resolution commending the outstanding "Bill Mumbler" of 1991.

Representative Walker of the 115th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

WEDNESDAY, MARCH 6, 1991

1763

Representative Hall, Atlanta, Georgia Wednesday, March 6, 1991

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.

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

Aiken Alford Atkins Balkcom Barfoot Bargeron Barnett,B Barnett,M Bates Benefield Birdsong Blitch Bordeaux Bostick Branch Breedlove
Brooks Brown Brush Buck
Buckner Byrd Campbell Carrell Carter
Chafin
Chambless
Cheeks Childers

Clark.E Clark.H Clark.L Coker Coleman Connell Culbreth Cummings.B Cummings.M Davis.G Davis.M Dixon.H Diion,S Dover Dunn Edwards
Elliott Fennel Floyd,J.M Floyd,J.W
Flynt Godbee Golden Goodwin Green
Greene
Griffin
Hanner Harris.B

Harris,J Heard Henson Herbert Hightower Holland Howard Hudson Irwin Jackson Jenkins Jones Kilgore King Kingston Klein
Ladd Lane.D Langford Lawson
Lee Long Lord Lupton Mann
McCoy
McKelvey
McKinney,B McKinney.C

Meadows Merritt Milam Mobley Moody Morsberger Moultrie 01iver,C Orr Padgett Parham Parrish Patten Pelote Perry Pettit
Poag Powell,A Powell,C Purcell
Ray Reaves Redding Royal Setaan
Sherrill
Skipper
Smith.L Smith.P

Smith.T Smith.W Snow Stancil.F Stancil,S Stanley Stephens Streat Taylor Teper Thomas,M Thomas.N Thurmond Titus Tolbert Townsend
Valenti Vaughan Walker,J Wall
Watson wtta "*
! CT WUliams,B
Wilhms,J
Williams.R
Yeargin Murphy,Spkr

Prayer was offered by the Reverend Queon P. Smith, Pastor, First United Methodist Church, Manchester, Georgia.

The members pledged allegiance to the flag.

Representative Bargeron of the 108th, Chairman of the Committee on Journals, 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.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills.

1764

JOURNAL OF THE HOUSE,

6. First reading and reference of Senate Bills and Resolutions.

By unanimous consent, the following Bills of the House were introduced, read the first time and referred to the committees:

HB 993. By Representatives Watts of the 41st, Watson of the 114th, Walker of the 115th, Walker of the 113th, Ware of the 77th and others:
A bill to amend Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to contracts for construction of public works, so as to provide that contracts for construction of public works financed from public funds or constructed on public property shall be subject to certain restrictions; to provide preference to Georgia contractors and subcontractors under certain conditions.
Referred to the Committee on State Institutions & Property.
HB 999. By Representatives Ray of the 98th, Jenkins of the 80th and Streat of the 139th:
A bill to amend Code Section 20-2-184 of the Official Code of Georgia Annotated, relating to program weights to provide funds for media specialists, so as to delete a provision excluding computer hardware and software from media center materials and equipment.
Referred to the Committee on Industry.

HB 1000. By Representatives Bargeron of the 108th, Smyre of the 92nd, Watson of the 114th, Lucas of the 102nd, Blitch of the 150th and others:
A bill to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to the computation of Georgia taxable net income, so as to reduce the age at which certain taxpayers become eligible to receive an exclusion for certain retirement income.
Referred to the Committee on Ways & Means.

HB 1001. By Representative Golden of the 148th:
A bill to amend Code Section 34-9-1 of the Official Code of Georgia Annotated, relating to definitions applicable to workers' compensation, so as to provide that the definition of employee shall not include certain volunteers; to provide for related matters.
Referred to the Committee on Industrial Relations.

HB 1002. By Representative Wilder of the 21st:
A bill to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to provide that all trust accounts maintained by a broker shall be interest-bearing checking accounts.
Referred to the Committee on Banks & Banking.

HB 1003. By Representatives Williams of the 48th, Branch of the 137th, Floyd of the 135th, Hamilton of the 124th, Smith of the 16th and others:
A bill to amend Code Section 48-5-45 of the Official Code of Georgia Annotated, relating to applications for homestead exemptions, so as to change the date for application.
Referred to the Committee on Ways & Means.

WEDNESDAY, MARCH 6, 1991

1765

HB 1004. By Representative Dunn of the 73rd:
A bill to amend Article 2 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the powers and duties of the Secretary of State, so as to provide for user fees for the establishment and maintenance of public information services and materials.
Referred to the Committee on State Planning & Community Affairs.

HB 1009. By Representative Pettit of the 19th:
A bill to amend Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to criminal trials, so as to provide that certain law enforcement, prosecutorial, and court records regarding crimes against children will be closed to the public.
Referred to the Committee on Judiciary.

HB 1013. By Representatives Morsberger of the 62nd, Oliver of the 53rd, Selman of the 32nd, King of the 72nd and Felton of the 22nd:
A bill to amend Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support in general, so as to provide that parents or guardians shall continue to be responsible for the support of any child or children for whom they are responsible after the age of 18 if such child or children are enrolled full time in high school.
Referred to the Committee on Judiciary.

By unanimous consent, the rules were suspended in order that the following Bills of the House could be introduced, read the first time and referred to the committees:

HB 1017. By Representatives Jones of the 71st, Meadows of the 91st, Flynt of the 75th and Ware of the 77th:
A bill to amend an Act creating a Board of Commissioners of Coweta County, so as to provide for an additional member of the board of commissioners to be elected at large by the qualified voters of the county.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1019. By Representatives Aiken of the 21st, Atkins of the 21st, Klein of the 21st, Coker of the 21st and Clark of the 20th (Post 4):
A bill to amend an Act reincorporating the City of Marietta, so as to change the corporate limits of the city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1020. By Representatives Padgett of the 86th, Cheeks of the 89th, Brown of the 88th, Howard of the 85th, Williams of the 90th and others:
A bill to amend an Act establishing the compensation of certain officials in Richmond County, so as to authorize the governing authority of Richmond County to increase the compensation of said officials.
Referred to the Committee on State Planning & Community Affairs - Local.

1766

JOURNAL OF THE HOUSE,

HB 1021. By Representatives Hightower of the 36th, Lee of the 72nd, Benefield of the 72nd, Chafin of the 72nd, Buckner of the 72nd and others:
A bill to amend an Act creating the City of College Park, so as to provide for districting of said city into four wards; to provide for the date of municipal elections.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1022. By Representative Ware of the 77th:
A bill to amend an Act establishing an independent school system for the City of Hogansville, so as to revise provisions relating to ad valorem school taxes.
Referred to the Committee on State Planning & Community Affairs - Local.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 971 HB 972 HB 973 HB 974 HB 975 HB 976 HB 977 HB 978
HR w
xlD yoU
HB 981
SR III
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rlD OO
HR q7

HR 444
HR 457
SB 106 SB 181 SB 297 SB 320 SB 336 SB 339

SB 35

CD

ngc

Q-Q ^79

SB 374

SQOTBKJ 3do77^5bc

gg

gijg

SB 381

HXiRO Qt?RoSo
HHBB 99S0 rlD yyi H riRii QyyQz9 HrlrRJ 9W9K4 n.D yyo HHBR 9Q9Q67
HB W8
HR 100^
xlo lUUo
HB 1006 HB 1007
HB 1008
HHBB 11001110 HB 1012 HB 1014 HB 1015 HB 1016 HR 441 HR 442 HR 443

SGBR 3^R842.
SSBB 338858 on QQQ bgnb ^0y0y4 OTaJ AQQyiK) QD *^Qfi QS-BD 4XA7T
SB 41
SB 412
cn 41 g
Q-Q A-\ n go A-\Q
en AVG.
|BB J4?;J ?B 433 K 19U SR 198 SR 213 SR 233 SR 235 SR 264

WEDNESDAY, MARCH 6, 1991

1767

Representative Lee of the 72nd District, Chairman of the Committee on Rules, submitted the following report:

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 445 Do Pass HR 443 Do Pass HR 444 Do Pass
Respectfully submitted, /si Lee of the 72nd
Chairman

Representative Lane of the 27th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 826 Do Pass, as Amended HB 852 Do Pass HB 951 Do Pass HB 952 Do Pass HB 957 Do Pass HB 960 Do Pass HB 961 Do Pass HB 962 Do Pass HB 963 Do Pass

HB 964 Do Pass HB 965 Do Pass HB 966 Do Pass HB 970 Do Pass HR 291 Do Pass, by Substitute SB 225 Do Pass, by Substitute SB 293 Do Pass SB 366 Do Pass, by Substitute

Respectfully submitted, /s/ Lane of the 27th
Chairman

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR WEDNESDAY, MARCH 6, 1991
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 34th Legislative Day as enumerated below:
SB 22 Campaign Literature; Regulation Provisions SB 46 Judges/Probate Court Retirement Fund; Add Board Member SB 99 Lake Lanier Islands Development Authority; Add Members SB 100 World Congress Center; Add Members SB 126 Eggs; Regulations; Classifications, Licenses SB 130 Girls and Women in Sports Day; 1st Thursday in Feb.; Designate SB 142 Hazardous Substances; Spills or Releases; Reporting SB 154 Corporations; Insurable Interest in Certain Emp.; Clarification SB 158 Highways; Bus Shelters; Authorization

1768

JOURNAL OF THE HOUSE,

SB 169 Certain Property; Municipalities Enter Into Contract; Authorization
SB 175 Bond Proceeds; Authorized Investments; Provisions SB 180 State Employees; Payroll Deduction; Certain Charity SB 222 Hearing Aid Dealers, State Board of; Composition SB 289 Certain Counties; Emergency 911; Designated Answering Point SB 347 Insurance Regulations; Amend Code
SR 90 Baldwin County; Convey Property SR 106 Baldwin County; Convey Property SR 122 Raymond G. Davis Medal of Honor Highway; Designate SR 129 State Arboretum of Ga.; Designate Certain Forest At UGA SR 140 Brantley County; Convey Property
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, M Lee of the 72nd
Chairman

By unanimous consent, the following Resolution of the House was withdrawn from the Local Calendar and referred to the Committee on State Planning & Community Affairs.

HR 291. By Representatives McKinney of the 40th, McKinney of the 35th, Canty of the 38th, Davis of the 29th, Hightower of the 36th and others:
A resolution creating the Fulton County Study Committee on the Equitable Siting of Waste Handling Facilities.

By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:

HB 826. By Representatives Felton of the 22nd and Campbell of the 23rd:
A bill to amend an Act creating the Board of Commissioners of Fulton County, so as to provide that procedures to regulate county purchasing shall be established by resolution or ordinance and to require that sealed bids must be obtained on purchases exceeding a certain amount.

The following amendment was read and adopted:

State Planning & Community Affairs moves to amend HB 826 by striking from line 21 and from line 22 on page 1 the figure "$10,000.00" and inserting in lieu thereof in line 21 and in line 22 on page 1 the figure "$15,000.00".

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, as amended, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 852. By Representatives Dover of the llth and Jamieson of the llth:
A bill to provide for the collection of additional costs in cases before the Magistrate Court of Banks County as law library fees.

WEDNESDAY, MARCH 6, 1991

1769

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 951. By Representative Green of the 106th:
A bill to amend an Act creating the Board of County Commissioners of Hancock County, so as to change the compensation provisions relating to the chairman and other members of the board of commissioners; to provide for cost-of-living increases in compensation.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 952. By Representative Green of the 106th:
A bill to amend an Act creating the Board of Commissioners of Putnam County, so as to change the provisions relating to the compensation of the members of the board of commissioners; to provide for cost-of-living increases in compensation.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 957. By Representatives Walker of the 115th and Ray of the 98th:
A bill to repeal an Act providing designated registration periods for registration of motor vehicles in Macon County.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 960. By Representatives Wilder of the 21st, Clark of the 20th (Post 3), Clark of the 20th (Post 4), Klein of the 21st, Vaughan of the 20th and others:
A bill to amend an Act creating the Cobb Judicial Circuit, so as to change the provisions relative to the supplement of the district attorney and the compensation of the chief assistant district attorney, assistant district attorneys, the chief investigator, and investigators.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.

1770

JOURNAL OF THE HOUSE,

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

HB 961. By Representatives Clark of the 20th (Post 4), Clark of the 20th (Post 3), Wilder of the 21st, Hammond of the 20th, Klein of the 21st and others:
A bill to amend an Act providing for the compensation of the judge of the Juvenile Court of Cobb County, so as to change the compensation of said judge.

The report of the Committee, which was favorable to the passage of the Bill, was ' to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 962. By Representatives Wilder of the 21st, Clark of the 20th (Post 3), Clark of the 20th (Post 4), Coker of the 21st, Klein of the 21st 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 tax commissioner, the chief clerk, and the executive secretary.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 963. By Representatives Coker of the 21st, Clark of the 20th (Post 3), Clark of the 20th (Post 4), Wilder of the 21st, Klein of the 21st and others:
A bill to amend an Act creating the State Court of Cobb County, so as to increase the compensation of the solicitor.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 964. By Representatives Clark of the 20th (Post 4), Clark of the 20th (Post 3), Wilder of the 21st, Vaughan of the 20th, Hammond of the 20th and others:
A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the clerk and deputy clerk of the superior court.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, MARCH 6, 1991

1771

HB 965. By Representatives Coker of the 21st, Clark of the 20th (Post 3), Clark of the 20th (Post 4), Wilder of the 21st, Vaughan of the 20th 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.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 966. By Representatives Clark of the 20th (Post 4), Clark of the 20th (Post 3), Wilder of the 21st, Hammond of the 20th, Klein of the 21st 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.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 970. By Representatives Hammond of the 20th, Coker of the 21st, Klein of the 21st, Clark of the 20th (Post 3), Clark of the 20th (Post 4) and others:
A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of such judges and change a title of certain of such judges.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

SB 225. By Senator Shumake of the 39th:
A bill to provide that the Fulton County governing authority provide rodent inspection and control services upon request without charge to residential units owned or occupied by persons who are 65 years of age or older or who are physically handicapped and who state that they are unable to afford such services; to provide that all citizens have equal access to rat poison and other rodent control substances and devices without regard to whether they rent or own their dwelling places; to provide for definitions.

The following Committee substitute was read and adopted:

A BILL
To provide that the Fulton County governing authority provide rodent inspection and control services upon request without charge to residential units owned or occupied by

1772

JOURNAL OF THE HOUSE,

persons who are 65 years of age or older or who are physically handicapped and who state that they are unable to afford such services; to provide that all citizens have equal access to rat poison and other rodent control substances and devices without regard to whether they rent or own their dwelling places; to provide for definitions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. As used in this Act, the term: (1) "County health department" shall mean the Fulton County Health Department
or such other department as the governing authority of Fulton County may designate as being responsible for rodent control.
(2) "Occupier" shall mean the head of the household or other responsible adult dwelling in a residential unit.
(3) "Residential unit" shall mean any house, condominium, or apartment intended for and used as a dwelling and located within Fulton County.
Section 2. (a) Upon the request, made in person or through an agent, orally or in writing, of any occupier of a residential unit who is 65 years of age or older or who is physically handicapped and is financially unable to pay for such services, the county health department shall cause to be made free of charge an inspection of the residential unit for the presence of rodents.
(b) If the inspection by the county health department made pursuant to subsection (a) of this section reveals the presence of rodents, or upon the request of the occupier of the residential unit, as described in subsection (a) of this section, without regard to the inspection, the county health department shall commence and continue such control and eradication procedures as are reasonably required to control or eradicate rodents in the residential unit. Such control and eradication procedures shall be provided without cost to the occupier.
Section 3. All occupiers of residential units who are 65 years of age or older or who are physically handicapped and are financially unable to pay for such services shall be afforded equal access to rat poison and other rodent control substances and devices without regard to whether they own, lease, or rent the residential units.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

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, by substitute, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

SB 293. By Senators Ramsey of the 54th and Hasty of the 51st:
A bill to amend an Act providing for the Magistrate Court of Whitfield County so as to change the position of part-time magistrate to full-time magistrate; to provide for the election of the new full-time magistrate.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, MARCH 6, 1991

1773

SB 366. By Senator Thompson of the 33rd:
A bill to amend an Act creating the Cobb-Marietta Coliseum and Exhibit Hall Authority, as amended, so as to change the provisions regarding the appointment of members of the authority; to provide for terms of office; to provide for the filling of vacancies.

The following Committee substitute was read and adopted:

A BILL
To amend an Act creating the Cobb-Marietta Coliseum and Exhibit Hall Authority, approved March 26, 1980 (Ga. L. 1980, p. 4091), as amended, so as to change the provisions regarding the appointment of members of the authority; to provide for terms of office; to provide for the filling of vacancies; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the Cobb-Marietta Coliseum and Exhibit Hall Authority, approved March 26, 1980 (Ga. L. 1980, p. 4091), as amended, is amended by striking subsections (a) through (f) of Section 3 and inserting in their places new subsections (a) through (f) to read as follows:
"(a) The authority shall consist of seven members appointed from posts as follows: (1) The member representing Post 1 shall be the mayor of the City of Marietta
who shall serve as a member of the authority during his tenure as mayor of the City of Marietta;
(2) The member representing Post 2 shall be the mayor of the City of Smyrna who shall serve as a member of the authority during his tenure as mayor of the City of Smyrna;
(3) The member representing Post 3 shall be appointed by the board of commissioners of Cobb County;
(4) The member representing Post 4 shall be appointed by the Cobb County Board of Parks and Recreation and shall be a resident of Cobb County at the time of such appointment and shall remain a resident throughout such term of office;
(5) The member representing Post 5 shall be the chairman of the board of commissioners of Cobb County who shall serve during his tenure as chairman of the board of commissioners of Cobb County; and
(6) The members representing Post 6 and Post 7 shall be appointed by a majority vote of the other five members of the authority. At least one of such appointed members shall be a resident of Cobb County at the time of such appointment and shall remain a resident throughout such term of office. Majority vote shall be defined in this paragraph as three of the five members of the authority appointed pursuant to this subsection. (b) The person serving as a member of the authority representing Post 3 on January 1, 1991, or such person's successor shall continue to so serve as a member of such authority until May 1, 1994, and until such person's successor is appointed and qualified. (c) The person serving as a member of the authority representing Post 4 on January 1. 1991, or such person's successor shall continue to serve in office until May 1, 1994, and until such person's successor is appointed and qualified. (d) Except as otherwise provided in this section, the members of the authority in office on January 1, 1991, or their successors, shall not serve out the remainder of the terms to which they were appointed but shall serve only until their successors are appointed and qualified as specified in this section. The members representing Posts 1, 2. and 5 shall take office on the effective date of this Act and the members representing Posts 3 and 4 shall be appointed and shall take office not later than 30 days after the effective date of this Act. The member appointed to Post 6 shall serve until May 1,

1774

JOURNAL OF THE HOUSE,

1996. The member appointed to Post 7 shall serve until May 1, 1994. Thereafter, the members from Posts 3, 4, 6, and 7 shall serve for terms of five years each and until their successors are appointed and qualified. The members representing Posts 1, 2, and 5, being the mayor of the City of Marietta, the mayor of the City of Smyrna, and the chairman of the board of commissioners of Cobb County, respectively, shall serve during the tenure of their respective offices or ex officio.
(e) A vacancy on the authority shall be filled by the body which made the initial appointment for the post as provided in subsection (a) of this section. Any appointment to fill a vacancy shall be only for the remainder of the unexpired term of office.
(f) Reserved."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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, by substitute, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House:

SB 270. By Senators Newbill of the 56th, Scott of the 36th and Egan of the 40th:
A bill to provide that the Board of Commissioners of Fulton County shall site no new landfill until it enacts a local solid waste disposal plan.

SB 371. By Senator Newbill of the 56th:
A bill to amend an Act creating the Cobb Judicial Circuit, as amended, so as to change the provisions relating to the supplement to be paid to each of the judges of the superior court of said circuit; to provide for an additional supplement for the chief judge; to provide an effective date.

SB 437. By Senators Clay of the 37th, Newbill of the 56th, Thompson of the 33rd and others:
A bill to amend an Act creating the State Court of Cobb County, as amended, 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.

HB 861. By Representative Barnett of the 10th:
A bill to amend an Act creating the Board of Commissioners of Forsyth County, so as to change the compensation of the chairman and members of the board.

HB 863. By Representatives Kilgore of the 42nd, Simpson of the 70th and Watts of the 41st:
A bill to provide a method of filling vacancies on the board of the Hospital Authority of Douglas County.

WEDNESDAY, MARCH 6, 1991

1775

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

HB 72. By Representatives Twiggs of the 4th, Murphy of the 18th, Coleman of the 118th, Colwell of the 4th, Dover of the llth and others:
A bill to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, known as the "Georgia Controlled Substances Act," so as to comprehensively change the provisions relating to forfeitures of real or personal property acquired with proceeds from the manufacture, distribution, or sale of a controlled substance or marijuana or exchanged for a controlled substance or marijuana or used to facilitate a violation of said "Georgia Controlled Substances Act".

By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:

SB 270. By Senators Newbill of the 56th, Scott of the 36th and Egan of the 40th:
A bill to provide that the Board of Commissioners of Fulton County shall site no new landfill until it enacts a local solid waste disposal plan.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 371. By Senator Newbill of the 56th:
A bill to amend an Act creating the Cobb Judicial Circuit, as amended, so as to change the provisions relating to the supplement to be paid to each of the judges of the superior court of said circuit; to provide for an additional supplement for the chief judge; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 437. By Senators Clay of the 37th, Newbill of the 56th, Thompson of the 33rd and others:
A bill to amend an Act creating the State Court of Cobb County, as amended, 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.
Referred to the Committee on State Planning & Community Affairs - Local.

By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on University System of Georgia and referred to the Committee on Education:

SB 407. By Senator Starr of the 44th:
A bill to amend Part 1A of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, the "Nonpublic Postsecondary Educational Institutions Act of 1990," so as to change certain exemptions; to provide an effective date.

The Speaker Pro Tern assumed the Chair.

Under the general order of business, established by the Committee on Rules, the fol-
lowing Bills and Resolutions of the Senate were taken up for consideration and read the third time:

1776

JOURNAL OF THE HOUSE,

SR 106. By Senator Kidd of the 25th:
A resolution authorizing the conveyance of certain state owned real property located in Baldwin County, Georgia, to Garvis Youngblood and the acceptance of certain real property owned by Garvis Youngblood located in Baldwin County, Georgia, in consideration therefor; to provide an effective date.

The following amendment was read and adopted:

Representative Parham of the 105th moves to amend SR 106 by striking from line 21 of page 1 the word "northern" and inserting in lieu thereof the word "southern".
By striking from line 23 on page 2 the following:
"and Tract III".
By striking in their entirety lines 6, 7, 8, and 9 on page 3, which reads as follows:
"Youngblood the hereinabove-described Tract II and Tract III of owned real property and to accept in consideration therefor from Garvis Youngblood the hereinabovedescribed property owned by Garvis Youngblood.",
and inserting in lieu thereof the following:
"Youngblood the hereinabove-described Tract II of state owned real property and to accept in consideration therefor from Garvis Youngblood the hereinabove-described Tract III of property owned by Garvis Youngblood."
By striking Section 7 on lines 3 through 8 on page 4, which reads as follows:
"Section 7. That the authorization in this article to convey the above-described Tract II and Tract III of property to Garvis Youngblood and to accept the above-described property from Garvis Youngblood shall expire three years after the date that this resolution becomes effective.",
and inserting in lieu thereof the following:
"Section 7. That the authorization in this article to convey the above-described Tract II of state owned property to Garvis Youngblood and to accept the above-described Tract III property from Garvis Youngblood shall expire three years after the date that this resolution becomes effective."
By striking from lines 19 through 22 on page 4 the following:
"and upon such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia".

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, as amended, the ayes were 94, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

SR 129. By Senator Broun of the 46th:
A resolution designating the Thomson Mills Forest of the University of Georgia as the State Arboretum of Georgia.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

WEDNESDAY, MARCH 6, 1991

1777

On the adoption of the Resolution, the ayes were 103, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

SB 175. By Senators Robinson of the 16th, Johnson of the 47th, Walker of the 43rd 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 change certain provisions relating to authorized investments for bond proceeds; to provide an effective date.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 107, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

SB 158. By Senators Coleman of the 1st and Hill of the 4th:
A bill to amend Code Section 32-6-51 of the Official Code of Georgia Annotated, relating to the prohibition and regulation of signs, signals, devices, or structures on or near the rights of way of public roads, so as to authorize the erection and maintenance of bus shelters on rights of way of public roads; to authorize commercial advertisements on such bus shelters.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 32-6-51 of the Official Code of Georgia Annotated, relating to the prohibition and regulation of signs, signals, devices, or structures on the rights of way of public roads, so as to authorize the erection and maintenance of bus shelters on rights of way of public roads; to authorize commercial advertisements on such bus shelters; to provide conditions and requirements relative thereto; to provide for a definition; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 32-6-51 of the Official Code of Georgia Annotated, relating to the prohibition and regulation of signs, signals, devices, or structures on or near the rights of way of public roads, is amended by striking subsection (a) of said Code section in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) It shall be unlawful for any person to erect, place, or maintain within the right of way of any public road any sign, signal, or other device except as authorized by subsection (d) of this Code section or as required or authorized by Code Section 32-6-50 or any other law.", and by adding at the end thereof a new subsection (d) to read as follows:
"(d) (1) As used in this subsection, the term: (A) 'Bus shelter' means a shelter or bench located at bus stops for the conve-
nience of passengers of public transportation systems owned and operated by governmental units or public authorities.
(B) 'Commercial advertisement' means a printed or painted sign encouraging or promoting the purchase or use of goods or services but does not include campaign posters, signs, or advertisements prohibited by Code Section 21-1-1.

1778

JOURNAL OF THE HOUSE,

(2) Bus shelters, including those on which commercial advertisements are placed, may be erected and maintained on the rights of way of public roads subject to the following conditions and requirements:
(A) Any person wishing to erect and maintain a bus shelter on the right of way of a public road shall apply to the department for a permit, and as a condition of the issuance of the permit, the department must approve the bus shelter building plans and the location of the bus shelter on the right of way; provided, however, that such approval is subject to any and all restrictions imposed by Title 23, U.S.C., and Title 23, Code of Federal Regulations relating to the Federal-aid system;
(B) If the bus shelter is to be located on the right of way of a county road system or a municipal street system, the respective county or municipality must also approve the erection and maintenance of the bus shelter, and for that purpose, a copy of the application to the department shall be sent to the respective county or municipality; and
(C) As a condition of issuing a permit for the erection of a bus shelter on the right of way of a public road, the department shall require that the bus shelter shall be properly maintained and that its location shall meet minimum setback requirements as follows:
(i) Where a curb and gutter are present, there shall be a minimum of four feet clearance from the face of the curb to any portion of the bus shelter or the bus shelter shall be placed at the back of the existing concrete sidewalk; or
(ii) Where no curb or gutter is present, the front of the bus shelter shall be at least ten feet from the edge of the main traveled roadway. (3) Any bus shelter erected and maintained on the right of way of a public road in violation of paragraph (2) of this subsection or in violation of the conditions of the permit issued by the department is declared to be a public nuisance and its removal may be ordered by the department. If such a bus shelter is not removed by its owner within 30 days after its owner has been issued a written order of removal by the department, the department may cause the bus shelter to be removed and submit a statement of expenses incurred in the removal to the owner of the bus shelter. If payment or arrangement to make payment is not made within 60 days after the receipt of such statement, the department shall certify the amount thereof to the Attorney General for collection. When a bus shelter is located on a county road system or on a municipal street system, the department may delegate its powers under this paragraph to the respective county or municipality, and the respective county or municipality shall cooperate with and assist the department in enforcing the conditions of permits issued by the department pursuant to the provisions of this subsection. (4) The person to whom a permit has been issued for the erection and maintenance of a bus shelter on the right of way of a public road shall at all times assume all risks for the bus shelter and shall indemnify and hold harmless the State of Georgia, the department, and any county or municipality against all losses or damages resulting solely from the existence of the bus shelter."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
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, by substitute, the ayes were 93, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
SB 180. By Senators Ragan of the 10th, Foster of the 50th, Hasty of the 51st and others:
A bill to amend Code Section 45-20-51 of the Official Code of Georgia Annotated, relating to definitions applicable to allowing voluntary deductions from wages or salaries of state employees for the benefit of certain charitable organizations, so as to change the definition of an eligible voluntary charitable organization to include the Georgia Fund for Technical and Adult Education, Inc.

WEDNESDAY, MARCH 6, 1991

1779

The following substitute, offered by Representative Herbert of the 76th, was read and adopted:

A BILL
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 said board to establish a plan for the employees of the Department of Technical and Adult Education to make voluntary contributions through payroll deduction to a certain fund for technical and adult education; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. 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 the word "and" where it appears at the end of paragraph (6); by striking the period appe"a;rianngd"at the end of paragraph (7) and inserting in lieu thereof the following:
and by adding at the end of said Code section a new paragraph (8) to read as follows: "(8) To 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."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Abernathy Y Adams
Aiken Y Alford Y Atkins
Baker
Y Balkcom Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch
Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell

Canty Y Carrell Y Carter
Y Chafin Y Chambless Y Cheeks Y Childers Y Clark,E
Clark.H Y Clark.L Y Coker Y Coleman
Colwell Connell
Y Culbreth Y Cummings.B
Cummings.M Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs
Dover Dunn Y Edwards Y Elliott Felton

Y Fennel Floyd,J.M
Y Floyd,J.W YFlynt Y Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin
Groover
Y Hamilton E Hammond Y Hanner Y Harris.B Y Harris,J Y Heard Y Henson Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson

Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D
Y Lane.R Y Langford Y Lawrence Y Lawson
YLee YLong YLord
Lucas Lupton YMann Y Martin Y McCoy Y McKelvey McKinney.B McKinney,C
Y Meadows Y Merritt Y Milam Y Mills

Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C
Oliver.M YOrr Y Orrock
Y Padgett Y Parham Y Parrish Y Patten
Y Pelote Y Perry
Y Pettit Y Pinholster
Pinks ton
YPoag Y Porter
Poston Y Powell.A Y Powell.C Y Purcell Y Randall YRay Y Reaves

1780

JOURNAL OF THE HOUSE,

Redding Y Ricketson
Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L

Y Smith,P Smith.T
Y Smith,W Y Smyre Y Snow Y Stancil,F Y Stancil,S
Stanley Y Stephens

Y Streat Y Taylor
Y Teper Y Thomas.C Y Thomas.M Y Thomas,N Y Thurmond Y Titus Y Tolbert

Townsend Y Turnquest
Twiggs Y Valenti Y Vaughan Y Walker,J
Walker.L Y Wall
Ware

Y Watson Y Watts
Y White Y Wilder Y Williams,B Y Williams,J Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 149, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

SB 22. By Senator Kidd of the 25th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for the regulation of campaign literature under the "Ethics in Government Act"; to provide for identification requirements; to require certain authorization for the endorsing, circulating, or publishing of campaign material; to repeal Code Sections 21-2-415 and 21-3-322, relating to identification requirements of certain campaign literature.

By unanimous consent, further consideration of SB 22 was postponed until Monday, March 11, 1991, immediately following the period of unanimous consents.

The Speaker assumed the Chair.

SB 46. By Senator Kidd of the 25th:
A bill to amend Article 2 of Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to the creation, administration, and management of the assets of the Judges of the Probate Courts Retirement Fund of Georgia, so as to provide for an additional member on the Board of Commissioners of the Judges of the Probate Courts Retirement Fund of Georgia, which additional member shall be a member of the fund and a retired judge of the probate court.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Abernathy
Y Adams Y Aiken Y Alford Y Atkins
Baker Y Balkcom Y Barfoot Y Bargeron
Y Barnett,B Y Barnett,M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch
Bordeaux Y Bostick Y Branch Y Breedlove

Y Brooks
Y Brown Y Brush Y Buck
Buckner Y Byrd Y Campbell
Canty Y Carrell
Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.H Y Clark,L Y Coker
Coleman Colwell

Connell
Y Culbreth Y Cummings,B
Cummings.M Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs
Dover Dunn Y Edwards Y Elliott Felton Fennel Y Floyd.J.M Y Floyd,J.W Flynt Y Godbee Y Golden

Y Goodwin
Y Green Y Greene
Griffin Groover Y Hamilton E Hammond Y Hanner Y Harris.B
Y Harris,J Y Heard Y Henson Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson

Y Jamieson
Y Jenkins Y Jones Y Kilgore
King Y Kingston Y Klein Y Ladd Y Lane.D
Lane.R Langford Y Lawrence Y Lawson Y Lee Y Long Lord Lucas Lupton Y Mann Martin

WEDNESDAY, MARCH 6, 1991

1781

Y McCoy Y McKelvey
McKinney,B McKinney.C Meadows Merritt Y Milam Y Mills Y Mobley
Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C
Oliver.M YOrr

Orrock Y Padgett Y Parham Y Parrish
Y Patten Y Pelote Y Perry
Y Pettit Y Pinholster
Pinks ton YPoag Y Porter
Poston Y Powell,A Y Powell.C Y Purcell

Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill
Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith,P
Smith.T Y Smith,W YSmyre

YSnow Y Stancil.F Y Stancil.S
Stanley Stephens Y Streat Y Taylor YTeper Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Townsend Y Turnquest

Y Twiggs Y Valenti Y Vaughan Y Walker,J
Walker.L Y Wall
Ware Y Watson Y Watts Y White Y Wilder Y Williams.B Y Williams.J Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 138, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Lane of the lllth stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

SB 99. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Part 3 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Lake Lanier Islands Development Authority, so as to add two members to the authority; to change provisions relating to the selection and terms of service of members; to provide an effective date.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

SB 100. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Chapter 9 of Title 10 of the Official Code of Georgia Annotated, the "Geo. L. Smith II Georgia World Congress Center Act," so as to add two members to the board of governors of the authority; to change provisions relating to the selection and term of service of members; to provide an effective date.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 101, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

The following Bills of the House were taken up for the purpose of considering the Senate amendments or substitutes thereto:

HB 42. By Representative Cummings of the 17th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement, so as to change the provisions relating to the membership of the boards of directors or boards of commissioners of certain retirement systems and the State Employees' Assurance Department.

1782

JOURNAL OF THE HOUSE,

The following Senate substitute was read:

A BILL
To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement, so as to change the provisions relating to the membership of the boards of directors or boards of commissioners of certain retirement systems and the State Employees' Assurance Department; 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, is amended by striking paragraph (2) of subsection (b) of Code Section 47-2-21, relating to the Board of Trustees of the Employees' Retirement System of Georgia, in its entirety and substituting in lieu thereof a new paragraph (2) to read as follows:
"(2) The Insurance Commiasiefter director of the Fiscal Division of the Department of Administrative Services, ex officio;".
Section 2. Said title is further amended by striking paragraph (2) of subsection (a) of Code Section 47-3-21, relating to the Board of Trustees of the Teachers Retirement System of Georgia, in its entirety and substituting in lieu thereof a new paragraph (2) to read as follows:
"(2) One member who shall be an active member of the Teachers Retirement System of Georgia who is a classroom teacher and is not an employee of the Board of Regents of the University System of Georgia. Such member shall be appointed by the Governor for a term of three years with the initial term beginning April 1, 1991. In making the appointment, the Governor may consider, but not be limited to, nominations furnished him by the nominating committee provided for by subsection (g) of this Code section;"
Section 3. Said title is further amended by striking Code Section 47-19-1, relating to the State Employees' Assurance Department and its board of directors, in its entirety and substituting in lieu thereof a new Code Section 47-19-1 to read as follows:
"47-19-1. There is created a department of the state government to be known as the State Employees' Assurance Department. The department shall be managed by a board of directors consisting of the Commissioner ef Insurance director of the Fiscal Division of the Department of Administrative Services, the Commissioner of Labor, the state auditor, the commissioner of personnel administration, and two members to be appointed by the Governor."
Section 4. This Act shall become effective on April 1, 1991.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

Representative Cummings of the 17th moved that the House agree to the Senate substitute to HB 42.
On the motion, the roll call was ordered and the vote was as follows:

Abernathy Y Adams Y Aiken
Y Alford Y Atkins
Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett,B Y Barnett.M Y Bates Y Beatty
Benefield

Y Birdsong Y Blitch
Bordeaux Y Bostick Y Branch
Y Breedlove Y Brooks Y Brown
Y Brush Y Buck
Buckner Y Byrd Y Campbell
Canty

Y Carrell Y Carter
Chafin
Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.H Y Clark, L Y Coker Y Coleman
Colwell Connell Y Culbreth

Y Cummings.B Y Cummings.M
Davis.G Y Davis.M Y Dixon.H Y Dixon.S
Dobbs Y Dover
Dunn
Y Edwards Y Elliott
Felton
Y Fennel Y Floyd.J.M

Y Floyd,J.W Flynt
Y Godbee Y Golden Y Goodwin Y Green
Y Greene Griffin Groover
Y Hamilton
E Hammond Y Hanner Y Harris,B Y Harris,J

WEDNESDAY, MARCH 6, 1991

1783

Y Heard Y Henson Y Herbert Y Hightower
Y Holland Holmes
Y Howard Hudson
Ylrwin
Y Jackson Jamieson Jenkins
Y Jones Y Kilgore
King Y Kingston
Y Klein YLadd
Lane,D Y Lane,R
Langford Y Lawrence

Y Lawson YLee YLong YLord
Lucas Lupton YMann Y Martin Y McCoy Y McKelvey Y McKinney,B
McKinney.C Meadows Merritt Y Milam Y Mills Y Mobley Y Moody
Y Morsberger Y Moultrie Y Mueller Y Oliver.C

Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinks ton YPoag
Porter Y Poston Y Powell,A Y Powell.C Y Purcell Y Randall
YRay Y Reaves
Redding

On the motion, the ayes were 140, nays 0. The motion prevailed.

Y Ricketson Y Royal YSelman Y Sherrill
Simpson Y Sinkfield Y Skipper
Smith.L Y Smith,P
Smith.T Y Smith, W Y Smyre Y Snow
Y Stancil.F Y Stancil.S Y Stanley
Stephens Y Streat Y Taylor Y Teper
Thomas.C Y Thomas.M

Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall
Ware Y Watson Y Watts Y White Y Wilder Y Williams,B Y Williams.J Y Williams.R Y Yeargin
Murphy ,Spkr

HB 129. By Representatives Dobbs of the 74th, Lane of the lllth, Byrd of the 153rd, Bates of the 141st and Barfoot of the 120th:
A bill to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable and procedures in connection therewith, so as to provide for a period of detention for a person charged with driving under the influence of alcohol or drugs.

The following Senate substitute was read:

A BILL
To amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable and procedures in connection therewith, so as to provide for a period of detention for a person charged with driving under the influence of alcohol or drugs; to provide for all related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable and procedures in connection therewith, is amended by striking subsection (b) of said Code section in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) (1) All offenses not included in subsection (a) of this Code section are bailable by a court of inquiry. At no time, either before a court of inquiry, when indicted, after a motion for new trial is made, or while an appeal is pending, shall any person charged with a misdemeanor be refused bail.
(2) Except as otherwise provided in this chapter, a person charged with violating Code Section 40-6-391 whose alcohol concentration at the time of arrest, as determined by any method authorized by law, violates that provided in paragraph (4) of subsection (a) of Code Section 40-6-391 may be detained for a period of time up to 6 hours after booking and prior to being released on bail or on recognizance."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Dobbs of the 74th moved that the House agree to the Senate substitute to HB 129.

1784

JOURNAL OF THE HOUSE,

On the motion, the roll call was ordered and the vote was as follows:

Abernathy Y Adams Y Aiken Y Alford Y Atkins
Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beatty
Benefield
Birdsong Y Blitch
Bordeaux Bostick Y Branch Y Breedlove Y Brooks Y Brown
Y Brush YBuck
Buckner
YByrd Campbell Canty
Y Carrell
Y Carter Chafin Chambless
Y Cheeks Y Childers Y Clark,E
Y Clark,H

Y Clark,L Y Coker Y Coleman
Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings.M
Y Davis.G Y Davis,M
Y Dixon,H Y Dixon,S Y Dobbs Y Dover
Dunn Y Edwards
Y Elliott Felton
Y Fennel Y Floyd,J.M Y Floyd,J.W
Flynt YGodbee Y Golden Y Goodwin Y Green Y Greene
Griffin Groover Y Hamilton E Hammond Y Manner Y Harris,B Y Harris,J Y Heard Y Henson

Y Herbert Y Hightower
Y Holland Y Holmes Y Howard
Hudson Irwin
Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore
King Y Kingston Y Klein YLadd
Lane.D YLane.R
Y Langford Y Lawrence Y Lawson YLee YLong YLord
Lucas .
Y Lupton YMann
Y Martin Y McCoy
Y McKelvey Y McKinney.B
McKinney.C Y Meadows
Merritt YMilam Y Mills

Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock
Y Padgett Parham
Y Parrish
Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston
YPoag Porter
Y Poston Y Powell,A Y Powell.C Y Purcell Y Randall
YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill
Simpson Y Sinkfield
Y Skipper Smith.L

Y Smith,P Smith.T
Y Smith,W
Y Smyre YSnow Y Stancil,F Y Stancil,S Y Stanley
Stephens Y Streat Y Taylor
Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest
Y Twiggs Y Valenti Y Vaughan Y Walker,J
Walker,L Y Wall
Ware Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams.J Y Williams,R Y Yeargin
Murphy.Spkr

On the motion, the ayes were 142, nays 0. The motion prevailed.

HB 582. By Representative Smyre of the 92nd:
A bill to amend Code Section 20-3-250.3 of the Official Code of Georgia Annotated, relating to exemptions from the "Nonpublic Postsecondary Educational Institutions Act of 1990," so as to exempt certain nonpublic medical schools from the application of such Act.

The following Senate substitute was read:

A BILL
To amend Code Section 20-3-250.3 of the Official Code of Georgia Annotated, relating to exemptions from the "Nonpublic Postsecondary Educational Institutions Act of 1990," so as to exempt certain nonpublic medical schools from the application of such Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 20-3-250.3 of the Official Code of Georgia Annotated, relating to exemptions from the "Nonpublic Postsecondary Educational Institutions Act of 1990," is amended by striking paragraphs (12) and (13) of subsection (a) and inserting in lieu thereof new paragraphs (12), (13), and (14) to read as follows:
"(12) Subject to the requirements of subsection (c) of Code Section 20-3-250.6, any liberal arts college or university whose principal office and campus are located in this

WEDNESDAY, MARCH 6, 1991

1785

state and its related graduate and professional programs, if any, which was chartered prior to 1955 as a nonpublic, nonprofit, degree-granting institution, provided that it is accredited by a regional or national accrediting agency recognized by the United States Department of Education; and
(13) Any institution offering only education or training in income tax theory or income tax return preparation when the total contract price for such education or training does not exceed $400.00, provided that the total charges incurred by any student for all instruction, other than instruction which is solely avocational or recreational in nature as provided in paragraph (3) of this subsection, do not exceed $400.00 in any one calendar year? j and
(14) Any nonpublic medical school accredited by the Liaison Committee on Medical Education and the Southern Association of Colleges and Schools."
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.
Representative Smyre of the 92nd moved that the House agree to the Senate substitute to HB 582.
On the motion, the roll call was ordered and the vote was as follows:

Abernathy Y Adams Y Aiken Y Alford Y Atkins
Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B
Barnett.M Y Bates Y Beatty
Benefield Birdsong Y Blitch Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Buckner YByrd Y Campbell Canty Y Carrell Y Carter Chafin
Chambless Y Cheeks Y Childers
Y Clark.E Y Clark.H

Y Clark,L Y Coker Y Coleman Y Colwell
Y Connell Y Culbreth Y Cummings,B Y Cummings,M Y Davis.G Y Davis.M
Y Dixon,H Y Dixon,S
Y Dobbs Y Dover
Dunn Y Edwards
Y Elliott Felton
Y Fennel Y Floyd,J.M Y Floyd,J.W
Flynt YGodbee Y Golden Y Goodwin
Y Green Y Greene Y Griffin
Groover Y Hamilton
E Hammond Y Hanner Y Harris.B Y Harris,J Y Heard Y Henson

Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Y Irwin
Y Jackson Jamieson
Y Jenkins Y Jones Y Kilgore
King Y Kingston Y Klein YLadd Y Lane.D Y Lane,R Y Langford Y Lawrence Y Lawson YLee
Long Lord Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey Y McKinney.B McKinney.C
Y Meadows Merritt
Y Milam Y Mills

Y Mobley Y Moody
Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock
Y Padgett YParham Y Parrish Y Patten Y Pelote Y Perry
Pettit Y Pinholster
Pinkston YPoag
Porter Y Poston Y Powell,A Y Powell.C Y Purcell Y Randall YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill
Simpson Y Sinkfield Y Skipper Y Smith.L

Y Smith.P Y Smith.T Y Smith, W Y Smyre YSnow Y Stancil,F Y StanciLS Y Stanley
Stephens Y Streat Y Taylor Y Teper
Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y WaIker,J Y Walker.L Y Wall
Ware Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams,J Y Williams,R Y Yeargin
Murphy.Spkr

On the motion, the ayes were 149, nays 0. The motion prevailed.

HB 480. By Representative Bostick of the 138th:
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 amount of certain authorized service charges with respect to selling certain tickets or other evidences of right of entry.

1786

JOURNAL OF THE HOUSE,

The following Senate substitute was read:

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 amount of certain authorized service charges with respect to selling certain tickets or other evidences of right of entry; to repeal conflicting laws; and for other purposes.
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 unlawful scalping of tickets for certain athletic contests, and inserting in its place a new Code Section 10-1-310 to read as follows:
"10-1-310. 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 set te 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."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Bostick of the 138th moved that the House agree to the Senate substitute to HB 480.
On the motion, the roll call was ordered and the vote was as follows:

Abernathy Y Adams N Aiken Y Alford Y Atkins
Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett,M Y Bates Y Beatty
Benefield Birdsong Y Blitch Bordeaux Y Bostick Y Branch Breedlove Y Brooks Y Brown Y Brush YBuck Buckner
YByrd Y Campbell
Canty Y Carrell
Y Carter Chafin Chambless
Y Cheeks Y Childers Y Clark,E Y Clark.H

Y Clark.L Y Coker
Coleman
Colwell Y Connell Y Culbreth Y Cummings,B
Cummings.M Davis.G Y Davis.M Y Dixon.H Y Dixon,S N Dobbs Y Dover Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Flynt Y Godbee Y Golden Y Goodwin
Y Green Y Greene Y Griffin
Groover Y Hamilton E Hammond
Manner Y Harris.B Y Harris.J
Heard Y Henson

Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins
Y Jones Y Kilgore
King
Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford N Lawrence Y Lawson YLee YLong
Lord Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey Y McKinney,B McKinney.C
Y Meadows Merritt
Y Milam Y Mills

Y Mobley Y Moody Y Morsberger
Y Moultrie N Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish Y Patten
Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston Poag Y Porter
Y Poston Y Powell.A
Y Powell.C Y Purcell Y Randall
YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill
Simpson Y Sinkfield Y Skipper
Smith.L

Y Smith,? Smith.T
Y Smith.W Y Smyre Y Snow Y Stancil.F Y Stancil.S
Y Stanley Stephens
Y Streat Y Taylor Y Teper
Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest
Twiggs Y Valenti Y Vaughan Y Walker,J Y WalkerJL Y Wall
Ware Y Watson Y Watts
White Y Wilder N Williams.B Y Williams.J Y Williams,R
Y Yeargin
Murphy.Spkr

WEDNESDAY, MARCH 6, 1991

1787

On the motion, the ayes were 139, nays 5. The motion prevailed.

Representative Fennel of the 155th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representative Redding of the 50th moved that the House reconsider its action in agreeing to the Senate substitute to HB 480.

Representative Redding of the 50th withdrew his motion.

Representative Lawrence of the 49th moved that the House reconsider its action in agreeing to the Senate substitute to HB 480.
On the motion, the roll call was ordered and the vote was as follows:

Abernathy N Adams Y Aiken V Alford Y Atkins
Baker Balkcom N Barfoot N Bargeron N Barnett.B Barnett,M N Bates Y Beatty Benefield Birdsong N Blitch Bordeaux N Bostick N Branch N Breedlove N Brooks
Y Brown Y Brush NBuck
Buckner NByrd N Campbell
Canty Carrell N Carter Chafm Chambless Y Cheeks Y Childers Y Clark.E Y Clark.H

N Clark,L Y Coker
Coleman Colwell N Connell N Culbreth N Cummings.B Cummings,M Davis.G N Davis.M N Dixon.H N Dixon,S Y Dobbs N Dover Dunn
N Edwards N Elliott Y Felton N Fennel
Floyd,J.M N Floyd,J.W
Y Flynt N Godbee N Golden
Y Goodwin N Green
N Greene N Griffin
N Groover Y Hamilton E Hammond
Hanner N Harris.B N Harris,J Y Heard Y Henson

N Herbert Y Hightower
N Holland Y Holmes
Y Howard N Hudson Y Irwin
N Jackson N Jamieson Y Jenkins N Jones N Kilgore
King N Kingston Y Klein YLadd N Lane.D
N Lane.R Y Langford
Y Lawrence N Lawson NLee N Long
Lord Lucas Y Lupton NMann Y Martin N McCoy Y McKelvey Y McKinney.B Y McKinney.C Y Meadows Merritt Y Milam
N Mills

On the motion, the ayes were 62, nays 83. The motion was lost.

N Mobley N Moody Y Morsberger N Moultrie Y Mueller N Oliver.C N Oliver.M NOrr
Orrock N Padgett Y Parham Y Parrish N Patten Y Pelote N Perry Y Pettit Y Pinholster
Pinkston N Poag N Porter
Poston N Powell,A N Powell.C N Purcell Y Randall
YRay N Reaves
N Redding N Ricketson N Royal N Selman
Y Sherrill Simpson
Y Sinkfield
N Skipper Y Smith.L

N Smith.P Smith.T
N Smith.W NSmyre N Snow Y Stancil.F Y Stancil.S N Stanley N Stephens
Streat Y Taylor Y Teper N Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert
Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J N Walker.L N Wall
Ware
N Watson Watts White
Y Wilder Y Williams.B N Williams.J N Williams.R
N Yeargin Murphy.Spkr

HB 763. By Representative Colwell of the 4th:
A bill to amend Chapter 10 of Title 42 of the Official Code of Georgia Annotated, the "Correctional Industries Act," so as to provide that any compensation paid to the executive officer of the Georgia Correctional Industries Administration shall be paid from earnings of the administration and not from appropriations.

1788

JOURNAL OF THE HOUSE,

The following Senate amendment was read:
Amend HB 763 by adding in the title on line 7 of page 1, between the semicolon and the word "to", the following:
"to provide an effective date;". By adding between lines 22 and 23 on page 1 the following: "Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval." By renumbering Section 2 on lines 23 and 24 on page 1 as Section 3.

Representative Colwell of the 4th moved that the House agree to the Senate amendment to HB 763.
On the motion, the roll call was ordered and the vote was as follows:

Abernathy Y Adams
Y Aiken Y Alford Y Atkins Y Baker
Y Balkcom YBarfoot
Y Bargeron Y Barnett,B
Barnett,M Y Bates Y Beatty Y Benefield
Birdsong Y Blitch
Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush
YBuck Buckner
Byrd Y Campbell
Canty Y Carrell Y Carter Y Chafin
Chambless Y Cheeks
Y Childers Y Clark,E Y Clark,H

Y Clark,L Y Coker
Coleman
Y Colwell Y Connell Y Culbreth Y Cummings,B
Cummings,M Davis.G Y Davis,M Y Diion.H
Y Dixon,S YDobbs
Dover Dunn Y Edwards
Y Elliott Y Felton
Fennel
Y Floyd,J.M Y Floyd,J.W YFlynt
God bee Y Golden Y Goodwin Y Green
Y Greene Y Griffin Y Groover
Y Hamilton E Hammond
Manner Y Harris.B Y Harris,J
Y Heard Y Henson

Herbert Y Hightower
Y Holland Y Holmes Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson
YLee YLong
Lord Lucas Y Lupton YMann Y Martin
Y McCoy Y McKelvey Y McKinney.B
McKinney.C
Y Meadows Merritt Milam
Y Mills

On the motion, the ayes were 151, nays 0. The motion prevailed.

Y Mobley Y Moody Y Morsberger
Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten
Y Pelote Y Perry
Y Pettit Y Pinholster Y Pinkston
YPoag Y Porter
Y Poston Y Powell,A
Y Powell,C Y Purcell Y Randall
YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill
Simpson Y Sinkfield Y Skipper Y Smith,L

Y Smith.P Y Smith,T Y Smith,W Y Smyre YSnow Y Stancil,F
Y Stancil,S Y Stanley Y Stephens
Streat Y Taylor Y Teper
Y Thomas.C Y Thomas.M Y Thomas,N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker,L Y Wall
Ware Y Watson
Y Watts White
Y Wilder Y Williams.B Y Williams^J Y Williams,R Y Yeargin
Murphy,Spkr

HB 350. By Representatives Watson of the 114th, Pettit of the 19th, Dixon of the 128th and Hamilton of the 124th:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Fair Business Practices Act of 1975," so as to provide that the administrator may certify to telephone service carriers that certain billings should be suspended while a cease and desist order is in effect.

WEDNESDAY, MARCH 6, 1991

1789

The following Senate amendment was read:

Amend HB 350 by adding on line 8 of page 2 between the word "promptness" and the word "in" the following:
"to preserve the assets of consumers".
By adding on line 10 of page 2 between the period and the word "The" the following:
"For the purposes of this Code section, 'reasonable promptness to preserve the assets of consumers' shall mean to act as quickly as the carrier would act to preserve its own assets, provided that the carrier cannot be required to make any changes to its existing systems, technologies, or methods used for billing, other than any minimal procedural changes necessary to actually suspend the billing."

Representative Watson of the 114th moved that the House agree to the Senate amendment to HB 350.
On the motion, the roll call was ordered and the vote was as follows:

Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B
Barnett.M Y Bates Y Beatty Y Benefield
Birdsong Y Blitch
Bordeaux Y Bostick Y Branch Y Breedlove
Y Brooks Y Brown Y Brush YBuck
Y Buckner YByrd
Y Campbell Canty Carrell
Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark,H

Y Clark,L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B
Cummings,M Y Davis.G Y Davis.M Y Diion.H
Diion,S YDobbs Y Dover
Dunn Edwards
Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W YFlynt YGodbee Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover Y Hamilton E Hammond
Hanner Y Harris,B Y Harris,J Y Heard Y Henson

Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins
Y Jones Y Kilgore YKing Y Kingston
Y Klein YLadd Y Lane,D
Lane.R Langford Y Lawrence Y Lawson YLee YLong YLord
Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney.B McKinney.C Y Meadows Merritt
Milam Y Mills

On the motion, the ayes were 147, nays 0. The motion prevailed.

Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C
Oliver.M YOrr
Orrock
Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Purcell
YRandall YRay
Reaves Y Redding
Ricketson Y Royal Y Selman Y Sherrill
Simpson Y Sinkfield Y Skipper Y Smith,L

Y Smith,? Smith.T Smith.W
Y Smyre
Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Stephens
Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan
Walker,J Walker.L Y Wall Ware Y Watson
Watts White Y Wilder
Y Williams.B Y Williams,J Y Williams.R Y Yeargin
Murphy.Spkr

HB 259. By Representatives Stephens of the 68th and Jones of the 71st:
A bill to amend Code Section 9-3-29 of the Official Code of Georgia Annotated, relating to actions for breach of restrictive covenants, so as to expand applicability of the statute of limitations on such actions to violations of building set-back lines.

1790

JOURNAL OF THE HOUSE,

The following Senate substitute was read:

A BILL
To amend Code Section 9-3-29 of the Official Code of Georgia Annotated, relating to actions for breach of restrictive covenants, so as to expand applicability of the statute of limitations on such actions to violations of building set-back lines; to provide that this Code section shall not affect limitations on actions in equity; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 9-3-29 of the Official Code of Georgia Annotated, relating to actions for breach of restrictive covenants, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 9-3-29 to read as follows:
"9-3-29. All actions for breach of any covenant restricting lands to certain uses shall be brought within two years after the right of action accrues. This Code section shall apply to rights of action which may accrue as a result of the violation of a building setback line. For the purpose of this Code section, the right of action shall accrue immediately upon the violation of the covenant restricting lands to certain uses or the violation of a set-back line provision. This Code section shall not be construed so as to extend any applicable statute of limitations affecting actions in equity."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Stephens of the 68th moved that the House agree to the Senate substitute to HB 259.
On the motion, the roll call was ordered and the vote was as follows:

Abernathy Y Adams Y Aiken
Alford Y Atkins Y Baker
Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett,M Y Bates Y Beatty Y Benefield
Birdsong Y Blitch
Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd
Y Campbell Canty Carrell
Y Carter Y Chafm
Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.H

Y Clark,L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B
Cummings,M
Y Davis.G Y Davis.M Y Dixon.H
Y Dixon.S Y Dobbs
Dover Dunn Y Edwards
Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin
Green
Y Greene Y Griffin
Groover
Y Hamilton E Hammond Y Manner Y Harris.B Y Harris.J Y Heard Y Henson

Y Herbert Y Hightower Y Holland
Holmes Y Howard
Hudson Y Irwin
Y Jackson Jamieson
Y Jenkins Y Jones Y Kilgore
King Y Kingston Y Klein YLadd Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson YLee YLong YLord
Y Lucas Y Lupton YMann Y Martin
Y McCoy Y McKelvey
McKinney.B McKinney.C Y Meadows Merritt Milam Y Mills

On the motion, the ayes were 143, nays 0.

Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten
Y Pelote Y Perry Y Pettit Y Pinholster
Pinks ton YPoag
Porter Y Poston
Y Powel!,A Y Powell.C Y Purcell Y Randall
YRay Y Reaves
Redding Ricketson
Y Royal Selman
Y Sherrill Simpson
Sinkfield Y Skipper Y Smith,L

Y Smith,? Y Smith.T
Smith.W Y Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley Y Stephens
Streat Y Taylor Y Teper Y Thomas.C
Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan
Walker,J Walker,L
Y Wall Ware
Y Watson Y Watts
White Y Wilder Y Williams,B Y Williams,J Y Williams,R Y Yeargin
Murphy,Spkr

WEDNESDAY, MARCH 6, 1991

1791

The motion prevailed.

HB 291. By Representatives Dover of the llth, Jamieson of the llth, Twiggs of the 4th and Irwin of the 57th:
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 conditions under which volunteers of fire departments, law enforcement agencies, emergency management or civil defense organizations, emergency medical services, or rescue organizations and persons certified as medical first responders may be covered employees.

The following Senate amendment was read:

Amend HB 291 by striking from line 26 of page 2 the following: "any".

Representative Dover of the llth moved that the House agree to the Senate amendment to HB 291.
On the motion, the roll call was ordered and the vote was as follows:

Abernathy Y Adams Y Aiken
Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates
Y Beatty Y Benefield
Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Y Brooks Y Brown Y Brush
YBuck Y Buckner YByrd Y Campbell
Y Canty Carrell
Y Carter YChafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.H

Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B
Cummings.M
Y Davis.G Y Davis.M
Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W YFlynt Y Godbee Y Golden Y Goodwin
Green Y Greene Y Griffin
Groover Y Hamilton E Hammond
Manner Y Harris.B
Y Harris,J Y Heard Y Henson

Y Herbert Y Hightower Y Holland Y Holmes Y Howard
Hudson Y Irwin Y Jackson
Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson YLee YLong YLord
Y Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney,B McKinney.C Y Meadows Merritt Milam Y Mills

On the motion, the ayes were 149, nays 0. The motion prevailed.

Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Y Oliver.C Oliver.M
YOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten
Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston
YPoag Porter
Y Poston
Y Powell,A Y Powell.C Y Purcell
Y Randall YRay Y Reaves
Redding Ricketson Y Royal Selman Y Sherrill Y Simpson Sinkfield Y Skipper Y Smith.L

Y Smith,P Smith.T Smith.W
YSmyre YSnow Y Stancil,F Y Stancil.S Y Stanley
Stephens Y Streat Y Taylor Y Teper Y Thomas.C
Thomas.M Y Thomas.N Y Thurmond Y Titus
Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti
Y Vaughan Walker,J Walker.L
Y Wall Y Ware Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams.J Y Williams,R Y Yeargin
Murphy.Spkr

1792

JOURNAL OF THE HOUSE,

HB 223. By Representatives Campbell of the 23rd, Williams of the 90th, Hammond of the 20th, Stephens of the 68th, Hightower of the 36th and others:
A bill to amend Code Section 44-14-361.1 of the Official Code of Georgia Annotated, relating to how materialmen's and mechanics' liens are declared and created, so as to provide that a party claiming a lien shall file a notice with the clerk of the superior court of the county wherein the subject lien was filed within 14 days after the filing of such action.

The following Senate substitute was read:

A BILL
To amend Code Section 44-14-361.1 of the Official Code of Georgia Annotated, relating to how materialmen's and mechanics' liens are declared and created, so as to provide that the lien claimant shall send a copy of the claim of lien to the owner of the property or the contractor; to provide that a party claiming a lien shall file a notice with the clerk of the superior court of the county wherein the subject lien was filed within 14 days after the filing of such action; 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 44-14-361.1 of the Official Code of Georgia Annotated, relating to how materialmen's and mechanics' liens are declared and created, is amended by striking paragraphs (2), (3), and (4) of subsection (a) of said Code section and inserting in lieu thereof new paragraphs (2), (3), and (4) to read as follows:
"(2) The filing for record of his claim of lien within three months after the completion of the work, the furnishing of the architectural services, or the furnishing or performing of such surveying or engineering services or within three months after the material or machinery is furnished in the office of the clerk of the superior court of the county where the property is located, which claim shall be in substance as follows:
'A. B., a mechanic, contractor, subcontractor, materialman, machinist, manufacturer, registered architect, registered forester, registered land surveyor, registered professional engineer, or other person (as the case may be) claims a lien in the amount of (specify the amount claimed) on the house, factory, mill, machinery, or railroad (as the case may be) and the premises or real estate on which it is erected or built, of C. D. (describing the houses, premises, real estate, or railroad), for satisfaction of a claim which became due on (specify the date the claim was due) for building, repairing, improving, or furnishing material (or whatever the claim may be).'; At the time of filing for record of his claim of lien, the lien claimant shall send a copy of the claim of lien by registered or certified mail to the owner of the property or the contractor, as the agent of the owner; (3) The commencement of an action for the recovery of the amount of his claim within 12 months from the time the same shall become due. In addition, at the tke ef filing mek action within 14 days after filing such action, the party claiming the lien shall file a notice with the clerk of the superior court of the county wherein the subject lien was filed. The notice shall contain a caption referring to the then owner of the property against which the lien was filed and referring to a deed or other recorded instrument in the chain of title of the affected property. The notice shall be executed, under oath, by the party claiming the lien or by his attorney of record. The notice shall identify the court wherein the action is brought; the style and number of the action, including the names of all parties thereto; the date of the filing of the action; and the book and page number of the records of the county wherein the subject lien is recorded in the same manner in which liens specified in Code Section 44-14-361 are filed. The clerk of the superior court shall enter on the subject lien so referred to the book and page on which the notice is recorded and shall index such notice in the name of the then

WEDNESDAY, MARCH 6, 1991

1793

purported owner as shown by the caption contained in such notice. A separate lis pendens notice need not be filed with the commencement of this action; and
(4) In the event any contractor or subcontractor procuring material, architect's services, registered forester's services, registered land surveyor's services, or registered professional engineer's services, labor, or supplies for the building, repairing, or improving of any real estate, building, or other structure shall abscond or die or leave the state within 12 months from the date such services, labor, supplies, or material are furnished to him, so that personal jurisdiction cannot be obtained on the contractor or subcontractor in an action for the services, material, labor, or supplies, or if the contractor or subcontractor shall be adjudicated a bankrupt, or if, after the filing of an action, no final judgment can be obtained against him for the value of such material, services, labor, or supplies because of his death or adjudication in bankruptcy, then and in any of these events, the person or persons furnishing material, services, labor, and supplies shall be relieved of the necessity of filing an action or obtaining judgment against the contractor or subcontractor as a prerequisite to enforcing a lien against the property improved by the contractor or subcontractor. Subject to Code Section 44-14-361, the person or persons furnishing material, services, labor, and supplies may enforce the lien directly against the property so improved in an action against the owner thereof, if filed within 12 months from the time the lien becomes due, with the judgment rendered in any such proceeding to be limited to a judgment in rem against the property improved and to impose no personal liability upon the owner of the property; provided, however, that in such action for recovery, the owner of the real estate improved, who has paid the agreed price or any part of same, may set up the payment in any action brought and prove by competent and relevant evidence that the payments were applied as provided by law, and no judgment shall be rendered against the property improved. At the time ef ffing such aetien Within 14 days after filing such action, the party claiming the lien shall file a notice with the clerk of the superior court of the county wherein the subject lien was filed. The notice shall contain a caption referring to the then owner of the property against which the lien was filed and referring to a deed or other recorded instrument in the chain of title of the affected property. The notice shall be executed, under oath, by the party claiming the lien or by his attorney of record. The notice shall identify the court wherein the action is brought; the style and number of the action, including the names of all parties thereto; the date of the filing of the action; and the book and page number of the records of the county wherein the subject lien is recorded in the same manner in which liens specified in Code Section 44-14-361 are filed. The clerk of the superior court shall enter on the subject lien so referred to the book and page on which the notice is recorded and shall index such notice in the name of the then purported owner as shown by the caption contained in such notice. A separate lis pendens notice need not be filed with the commencement of this action."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Campbell of the 23rd moved that the House agree to the Senate substitute to HB 223.
On the motion, the roll call was ordered and the vote was as follows:

Abernathy Y Adams Y Aiken
Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett,M Y Bates Y Beatty Y Benefield

Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd
Y Campbell Canty

Carrell Y Carter Y Chafin Y Chambless
Y Cheeks Y Childers
Y Clark,E Y Clark.H Y Clark,L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth

Y Cummings,B Cummings.M
Y Davis.G Y Davis.M Y Dixon.H
Y Dixon,S Y Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M

Y Floyd,J.W Y Flynt
Y Godbee Y Golden
Y Goodwin Green
Y Greene Y Griffin
Groover Y Hamilton E Hammond
Manner Y Harris,B Y Harris,J

1794

JOURNAL OF THE HOUSE,

Heard Y Henson Y Herbert Y Hightower Y Holland
Holmes Y Howard Y Hudson
Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing
Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence

Y Lawson
YLee YLong YLord Y Lucas
Y Lupton YMann Y Martin
Y McCoy Y McKelvey
McKinney.B McKinney.C Y Meadows Merritt
Milam Y Mills Y Mobley
Y Moody Y Morsberger Y Moultrie Y Mueller
Y Oliver.C

Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag
Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell Y Randall YRay Y Reaves
Redding

On the motion, the ayes were 143, nays 0. The motion prevailed.

Ricketson Y Royal
Selman Y Sherrill
Simpson Sinkfield Skipper Y Smith.L Y Smith.P Smith,T Smith.W
Y Smyre Snow
Y Stancil,F Y Stancil,S Y Stanley Y Stephens
Streat Y Taylor Y Teper Y Thomas.C
Thomas.M

Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan
Walker,J Walker.L Y Wall Ware Y Watson
Watts White Y Wilder Y Williams.B Y Williams,J Y Williams,R Y Yeargin Murphy,Spkr

HB 167. By Representatives Thomas of the 69th, Pettit of the 19th and Groover of the 99th:
A bill to amend the O.C.G.A., so as to correct typographical, stylistic, capitalization, punctuation, and other errors and omissions in the O.C.G.A and in Acts of the General Assembly amending the O.C.G.A.

The following Senate amendment was read:

Amend HB 167 by adding between lines 11 and 12 of page 37 the following:
"(8.1) By striking 'registered and licensed' and inserting in lieu thereof 'registered or licensed' in Code Section 43-44-16, relating to the penalty for practicing speech-language pathology or audiology without registration or a license."

Representative Thomas of the 69th moved that the House agree to the Senate amendment to HB 167.
On the motion, the roll call was ordered and the vote was as follows:

Abernathy
Y Adams Y Aiken
Alford Y Atkins
Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beatty
Benefield Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Brooks Y Brown

Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Chafin Y Chambless
Y Cheeks Y Childere Y Clark,E Y Clark,H Y Clark,L Y Coker Y Coleman Y Colwell Y Connell
Culbreth Cummings.B Cummings.M

Y Davis.G Y Davis.M Y Dixon.H Y Dixon,S
Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt
Godbee Y Golden Y Goodwin
Green Y Greene Y Griffin Y Groover Y Hamilton

E Hammond Hanner
Y Harris.B Y Harris,J Y Heard Y Henson Y Herbert Y Hightower Y Holland
Holmes Y Howard Y Hudson
Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd

Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas Y Lupton YMann
Martin Y McCoy Y McKelvey
McKinney,B McKinney.C Y Meadows Merritt Milam Y Mills Y Mobley Y Moody

WEDNESDAY, MARCH 6, 1991

1795

Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock YPadgett YParham YParrish Y Patten Y Pelote Y Perry Y Pettit

Y Pinholster Y Pinkston Y Poag Y Porter Y Poston YPowell.A Y Powell.C Y Purcell Y Randall
Ray Reaves Redding Ricketson Y Royal

Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith.P
Smith.T Y Smith,W Y Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley

Y Stephens Y Streat Y Taylor
Teper Y Thomas.C
Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti

Y Vaughan Walker,J Walker.L
Y Wall Ware
Y Watson Y Watts Y White Y Wilder Y Williams.B Y Williams,J Y Williams.R Y Yeargin
Murphy.Spkr

On the motion, the ayes were 144, nays 0. The motion prevailed.

The Speaker Pro Tern assumed the Chair.

Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the Senate were taken up for consideration and read the third time:

SB 289. By Senator Timmons of the llth:
A bill to amend Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, known as the "Georgia Emergency Telephone Number '911' Service Act of 1977," so as to provide for the designation of the public safety answering point within certain counties; to provide for a definition; to provide an effective date.

The following Committee substitute was read and adopted:

A BILL
To amend Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, known as the "Georgia Emergency Telephone Number '911' Service Act of 1977," so as to change the provisions relating to definitions; to provide for billing '911' subscribers in advance of the date on which the '911' service becomes fully operational; 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 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, known as the "Georgia Emergency Telephone Number '911' Service Act of 1977," is amended by adding in Code Section 46-5-122, relating to definitions, a new paragraph (8.1) to read as follows:
"(8.1) 'Public safety answering point' means the public safety agency which receives incoming '911' telephone calls and dispatches appropriate public safety agencies to respond to such calls."
Section 2. Said part is further amended by adding at the end of Code Section 46-5-134 a new subsection (i) to read as follows:
"(i) Subject to the provision of Code Section 46-5-133, the subscriber of an exchange access facility may be billed for the monthly '911' charge as defined in this Code section, for up to 18 months in advance of the date on which the '911' service becomes fully operational."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

1796

JOURNAL OF THE HOUSE,

Section 4. All laws and parts of laws in conflict with this Act are repealed.

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, by substitute, the roll call was ordered and the vote was as follows:

Abernathy Y Adams Y Aiken Y Alford Y Atkins
Baker Y Balkcom
Y Barfoot Y Bargeron
Y Bamett,B Y Barnett.M Y Bates Y Beatty Y Benefield
Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Y Brooks Y Brown Y Brush YBuck Y Buckner
YByrd Y Campbell
Y Canty N Carrell Y Carter YChafin
Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark.H

Y Clark.L Y Coker
Coleman Colwell
Connell Y Culbreth
Cummings,B Cummings,M Y Davis.G Y Davis.M
Y Diron,H Dixon.S
Y Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton
Fennel Floyd,J.M Floyd,J.W
YFlynt YGodbee Y Golden Y Goodwin Y Green N Greene Y Griffin Y Groover Y Hamilton E Hammond Y Manner N Harris.B Y Harris,J
Y Heard Henson

Y Herbert Y Hightower Y Holland
Y Holmes Y Howard Y Hudson
Irwin Y Jackson Y Jamieson Y Jenkins Y Jones N Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane,R Y Langford Y Lawrence Y Lawaon
YLee YLong
Lord Y Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney.B McKinney.C Y Meadows Merritt Milam N Mills

Y Mobley Y Moody Y Morsberger
Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett
Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston
YPoag Y Porter
Y Poston Y Powell,A Y Powell.C Y Purcell
Randall
Ray Y Reaves Y Redding Y Ricketson
Y Royal Selman
Y Sherrill
Y Simpson Y Sinkfield
Y Skipper Smith.L

Y Smith.P Y Smith.T Y Smith.W YSmyre YSnow Y Stancil.F Y Stancil.S
Stanley Y Stephens
Y Streat Y Taylor
Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Twiggs Y Valenti Y Vaughan
Y Walker,J Y Walker.L
Y Wall Ware
Y Watson Y Watts
White Wilder Y Williams.B Y Williams.J Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 142, nays 5.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Henson of the 57th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye"
thereon.

SB 222. By Senators Kidd of the 25th, Harris of the 27th and Hammill of the 3rd:
A bill to amend Chapter 20 of Title 43 of the Official Code of Georgia Annotated, known as the "Georgia Hearing Aid Dealers and Dispensers Act," so as to change the composition of the State Board of Hearing Aid Dealers; to change the provisions relating to the issuance of dispensers' licenses; to change certain provisions relating to examination of applicants for a license.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

WEDNESDAY, MARCH 6, 1991

1797

Abernathy Y Adams Y Aiken
Alford Y Atkins
Baker Y Balkcom Y Barfoot Y Bargeron
Y Barnett.B Y Barnett.M
Y Bates Y Beatty Y Benefield
Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell
Y Canty Y Carrell Y Carter
Y Chafin Y Chambless
Y Cheeks Y Childers Y Clark,E Y Clark,H

Y Clark.L Y Coker
Coleman Y Colwell
Connell Y Culbreth Y Cummings,B
Cummings.M Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S
Y Dobbs Y Dover
Dunn
Y Edwards Y Elliott Y Pelton Y Fennel
Floyd,J.M Y Floyd,J.W
YFlynt Y Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin
Groover Y Hamilton
E Hammond Y Manner Y Harris.B Y Harris,J Y Heard Y Henson

Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson
Irwin Y Jackson Y Jamieson
Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane,D Y Lane,R Y Langford Y Lawrence
Lawson YLee YLong
YLord Y Lucas Y Lupton YMann
Martin Y McCoy Y McKelvey Y McKinney,B Y McKinney.C Y Meadows
Merritt Milam Y Mills

Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr Y Orrock
Y Padgett Y Parham Y Parrish
Y Patten Y Pelote Y Perry
Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell
Randall YRay
Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L

Y Smith.P Y Smith.T Y Smith, W Y Smyre YSnow Y Stancil.F Y Stancil.S
Stanley Y Stephens
Streat Y Taylor
Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond
Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall Y Ware Y Watson Y Watts
White Wilder Y Williams.B Y Williams.J Y Williams.R Y Yeargin Murphy.Spkr

On the passage of the Bill, the ayes were 153, nays 0. The Bill, having received the requisite constitutional majority, was

SR 90. By Senator Kidd of the 25th:
A resolution authorizing the conveyance of certain state owned real property located in Baldwin County, Georgia; to provide an effective date.

The following substitute, offered by Representative Harris of the 84th, was read:

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 McDuffie County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS: (1) The State of Georgia is the owner of certain real property located in Baldwin County, Georgia; (2) Said real property is all that certain tract or parcel of land lying and being in Baldwin County, Georgia, lying in and being a part of Land Lots 220, 221, 242, and 243 of the 1714th GMD containing approximately 25 acres and identified by an aerial photograph on file in the office of the State Properties Commission and will be more particularly identified and described by a plat of survey provided to the State Properties Commission prior to conveyance of said property; (3) Said property is under the custody and management of the Georgia Forestry Commission and is not being utilized by the commission and is therefore surplus to its needs; and

1798

JOURNAL OF THE HOUSE,

(4) The Baldwin County Board of Education is desirous of obtaining the above-described property for the purposes of constructing an elementary school facility; and
WHEREAS: (1) The State of Georgia is the owner of certain real property located in McDuffie County, Georgia; (2) Said real property is all that certain tract or parcel of land lying and being in McDuffie County, Georgia, lying in and being a part of the 134th GMD containing approximately 1,046 acres and described as follows:
"That lot of land located approximately one-half mile Southeast of the City Limits of the City of Thomson, Georgia, in the 134th District, G. M., of McDuffie County, said property fronting on the South side of U. S. Highway 78, with metes and bounds as follows: Said lot is bounded Northeast by right-of-way of said U. S. Highway 78; Southeast by a road leading from said highway to the Water Filter Plant of said City of Thomson; Southwest by property of the State Highway Department; and Northwest by other lands of the City of Thomson; and said property is further described as beginning at the Northeast corner where said lot fronts on said U. S. Highway 78, at the corner of said Filter Plant Road, and extending South 29 degrees 05 minutes West for a distance of 226.75 feet to an iron stake; thence North 63 degrees 16 minutes West a distance of 199.70 feet to an iron stake; thence 29 degrees East a distance of 225.55 feet to an iron stake at the right-of-way of said U. S. Highway 78; thence South 63 degrees 41 minutes East along said right of way of said U. S. Highway 78 a distance of 200 feet to an iron stake, the point of beginning. All metes and bounds shown on a plat made by Jack Wier, P.R.E., dated August 9th, 1967, said plat to be recorded with the State Properties Commission"; (3) Said property is under the custody and management of the Department of Natural Resources and is not being utilized by said department and is therefore surplus to its needs; (4) The said property contains a storage facility and the City of Thomson is desirous of obtaining the above-described property and storage facility; and (5) The City of Thomson has agreed to construct a storage facility of comparable size and utilization as the above-described storage facility on real property to be conveyed to the state and the construction of such facility shall be considered compensation for the conveyance of the state property to the City of Thomson.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I
Section 1. (a) That the State of Georgia is the owner of the above-described real property located in Baldwin County, Georgia, and that, in all matters relating to the conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission.
(b) That the above-described real property in Baldwin County be conveyed by appropriate instrument to the Baldwin County Board of Education by the State of Georgia, acting by and through its State Properties Commission, for a consideration of not less than the fair market value and upon such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.
(c) That a plat of survey shall be provided by the Grantee, suitable for recording in Baldwin County, and presented to the executive director of the State Properties Commission for his approval.
(d) That the authorization in this article to convey the above-described property to the Baldwin County Board of Education shall expire three years after the date that this resolution becomes effective.
(e) That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

WEDNESDAY, MARCH 6, 1991

1799

(f) That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Baldwin County and a recorded copy shall be forwarded to the State Properties Commission.
ARTICLE II
Section 2. (a) That the State of Georgia is the owner of the above-described real property in McDuffie County, Georgia, and that, in all matters relating to the conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission.
(b) That the above-described real property in McDuffie County, be conveyed by appropriate instrument to the City of Thomson by the State of Georgia, acting by and through its State Properties Commission, for a consideration of $10.00 and upon such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.
(c) That a plat of survey shall be provided by the Grantee, suitable for recording in McDuffie County, and presented to the executive director of the State Properties Commission for his approval.
(d) That the authorization in this article to convey the above-described property to the City of Thomson shall expire three years after the date that this resolution becomes effective.
(e) That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
(f) That the deed of conveyance shall be recorded by the Grantee in the Superior Court of McDuffie County and a recorded copy shall be forwarded to the State Properties Commission.
ARTICLE III
Section 3. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. That all laws and parts of laws in conflict with this resolution are repealed.

The following amendment was read and adopted:

Representatives Harris of the 84th and Parham of the 105th move to amend the Floor substitute to SR 90 as follows:
Line 7 page 2 after word approximately, change the figure 1,046 acres to 1.046 acres.

The Floor substitute, as amended, was adopted.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to, by substitute, as amended.
On the adoption of the Resolution, by substitute, as amended, the roll call was ordered and the vote was as follows:

Abernathy Y Adams Y Aiken Y Alford

Y Atkins Y Baker Y Balkcom Y Barfoot

Y Bargeron Y Barnett.B Y Barnett.M Y Bates

Y Beatty Y Benefield Y Birdsong Y Blitch

Bordeaux Y Bostick Y Branch Y Breedlove

1800

JOURNAL OF THE HOUSE,

Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell
Y Canty Y Carrell
Y Carter Y Chafin
Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark,H Y Clark.L Y Coker
Y Coleman Y Colwell
Connell Culbreth Y Cummings,B Cummings.M Y Davis.G Y Davis.M Dixon.H Y Dixon.S Y Dobbs Y Dover Dunn Y Edwards

Y Elliott Y Felton Y Fennel
Floyd,J.M Y Floyd,J.W YFlynt Y Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin
Groover Hamilton E Hammond Y Manner Y Harris,B Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Ylrwin Y Jackson
Jamieson Y Jenkins Y Jones Y Kilgore

YKing Y Kingston Y Klein YLadd YLane.D Y Lane.R Y Langford Y Lawrence Y Lawson
Lee YLong YLord Y Lucas Y Lupton YMann Y Martin YMcCoy Y McKelvey Y McKinney,B Y McKinney.C Y Meadows
Merritt Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Mueller Y Oliver.C Y Oliver.M YOrr

Orrock Y Padgett
Par ham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Y Pinkston YPoag
Porter
Y Poston Y Powell,A Y Powell.C Y Purcell
Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith,L Y Smith,? Y Smith.T
Smith.W YSmyre

YSnow Y Stancil.F Y Stancil.S
Stanley Y Stephens Y Streat Y Taylor
Teper Y Thomas.C Y Thomas,M Y Thomas.N Y Thurmond
Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker,L Y Wall
Ware Y Watson Y Watts
White Wilder Y Williams.B Y Williams.J Y Williams.R Y Yeargin Murphy,Spkr

On the adoption of the Resolution, by substitute, as amended, the ayes were 151, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute, as amended.

The Speaker assumed the Chair.

SR 140. By Senator Echols of the 6th:
A resolution authorizing the conveyance of certain state owned real property located in Brantley County, Georgia, to the Brantley County Board of Education; to provide an effective date.

The following Committee substitute was read and adopted:

A RESOLUTION
Authorizing the conveyance of certain state owned real property located in Brantley County, Georgia, to the Brantley County Board of Education; authorizing the granting of a nonexclusive easement for operation and maintenance of an electric power distribution line and substation in, on, over, under, upon, across, or through property owned by the State of Georgia in Pulaski County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS: (1) The Brantley County Board of Education is the owner of approximately 36.74 acres of real property in Land Lots 369, 370, 374, and 375 of the 2nd and 9th Land Districts of Brantley County; and the State of Georgia is the owner of approximately 2 acres, more or less, of real property in Land Lot 374 of the 9th Land District of Brantley County, Georgia; (2) A title examination by the Brantley County Board of Education revealed that title to the above-mentioned two-acre parcel belongs to the State of Georgia;

WEDNESDAY, MARCH 6, 1991

1801

(3) The Brantley County Board of Education is desirous of obtaining the above-described two-acre state owned property for the purpose of constructing a middle school on the 36.74 acres surrounding the state owned property; and
(4) The conveyance of the above-described, approximately two acres of real property would be beneficial both to the State of Georgia and to the Brantley County Board of Education; and
WHEREAS: (1) The State of Georgia is the owner of certain real property located in Pulaski County, Georgia, which is in the custody of the Department of Corrections, utilized as the Pulaski Women's Prison; (2) Oglethorpe Power Corporation desires to construct, operate, and maintain an electric power distribution line and substation in, on, over, under, upon, across, or through a portion of said property; (3) The Department of Corrections agrees with the granting of this easement to Oglethorpe Power Corporation for the above-described purposes; (4) This electric power distribution line and substation in, on, over, under, upon, across, or through the above-described state owned property would be beneficial to the State of Georgia; and (5) A three-year revocable license has been granted to Oglethorpe Power Corporation by the State Properties Commission for the purposes set forth in this resolution.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I
Section 1. (a) That the State of Georgia is the owner of the herein described real property in Brantley County, hereinafter referred to as the "conveyance area."
(b) That, in all matters relating to the conveyance of the herein described state owned real property, the State of Georgia is acting by and through its State Properties Commission.
(c) That the State of Georgia, acting by and through its State Properties Commission, is authorized and empowered to convey by appropriate instrument to the Brantley County Board of Education approximately two acres, more or less, of real property in Land Lot 374 of the 9th Land District of Brantley County, Georgia, more particularly described by a plat of survey prepared by Harry A. Strickland, Georgia Registered Land Surveyor No. 2409, a copy of which is on file in the office of the State Properties Commission.
(d) That the State Properties Commission is authorized to do all acts and things necessary and proper to effect such conveyance.
(e) That the consideration for such conveyance shall be $650.00 and shall be upon such other terms and conditions as may be prescribed by the State Properties Commission.
(f) That the conveyance herein considered shall contain such other reasonable terms and conditions as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the property, so long as the description utilized by the State Properties Commission describes the same conveyance area herein considered.
(g) That the conveyance instrument authorized by this article shall be recorded by the Grantee in the Superior Court of Brantley County and a recorded copy shall be forwarded to the State Properties Commission.
(h) That the authorization in this article to convey the above-described property to the Brantley County Board of Education shall expire three years after the date that this resolution becomes effective.
ARTICLE II
Section 2. (a) That the State of Georgia is the owner of the hereinafter described real property in Pulaski County, hereinafter referred to as the "easement area," and that,

1802

JOURNAL OF THE HOUSE,

in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
(b) That the State of Georgia, acting by and through its State Properties Commission, may grant to Oglethorpe Power Corporation or its successors and assigns a nonexclusive easement for the construction, operation, and maintenance of an electric power distribution line and substation in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, operating, maintaining, repairing, and replacing an electric power distribution line and substation, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Land Lot 369, District 21 of Pulaski County, Georgia, and is more particularly described as follows:
That portion and that portion only as shown on a plat entitled "Pulaski 46/12 KV Substation" on property in the custody of the Department of Corrections, which plat was prepared by Ronald McCann, Georgia Registered Land Surveyor No. 1752. This plat indicating the easement area is on file in the office of the State Properties Commission.
(c) That the above-described premises shall be used solely for the purpose of installing, maintaining, repairing, replacing, inspecting, and operating said electric power distribution line and substation.
(d) That, after Oglethorpe Power Corporation has put into use the electric power distribution line and substation for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia or its successors and assigns of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Oglethorpe Power Corporation or its successors and assigns shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia or its successors and assigns.
(e) That no title shall be conveyed to Oglethorpe Power Corporation and, except as herein specifically granted to Oglethorpe Power Corporation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Oglethorpe Power Corporation.
(f) That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated in order to avoid interference with the state's use or intended use of the easement area, Oglethorpe Power Corporation shall remove or relocate its facilities at its sole cost and expense.
(g) That the easement granted to Oglethorpe Power Corporation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
(h) That the consideration for such easement shall be $10.00 and upon such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
(i) That the grant of easement shall be recorded by the Grantee in the Superior Court of Pulaski County and a recorded copy shall be forwarded to the State Properties Commission.
(j) That the authorization in this article to grant the above-described easement to Oglethorpe Power Corporation shall expire three years after the date that this resolution becomes effective.
(k) That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE III
Section 3. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval.

WEDNESDAY, MARCH 6, 1991

1803

Section 4. That all laws and parts of laws in conflict with this resolution are repealed.

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, by substitute, the roll call was ordered and the vote was as follows:

Abernathy
Y Aiken Y Alford Y Atkins
Baker Balkcom Y Barfoot Y Bargeron Y Barnett,B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner
YByrd Y Campbell Y Canty Y Carrell Y Carter Y Chafln Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark.H

Y Clark,L Y Coker Y Coleman
Colwell Y Connell Y Culbreth Y Cummings,B
Cummings,M Y Davis.G
Y Davis.M Dixon.H
Y Dixon.S Y Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton Y Fennel
Floyd.J.M Y Floyd,J.W Y Flynt
YGodbee Y Golden
Y Goodwin Green
Y Greene Y Griffin
Groover Y Hamilton E Hammond Y Manner Y Harris.B Y Harris,J
Heard Y Henson

Y Herbert Y Hightower Y Holland Y Holmes Y Howard
Y Hudson Y Irwin
Y Jackson Y Jamieson
Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson
YLee YLong
Lord Y Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey Y McKinney.B Y McKinney.C Y Meadows
Merritt Milam Y Mills

Y Mobley Y Moody Y Morsberger
Moultrie Mueller
Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag
Porter Poston Y Powell,A Y Powell.C Y Purcell Randall YRay Y Reaves Redding Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield
Y Skipper Smith.L

Y Smith,P
Y Smith.T Smith,W
YSmyre YSnow Y Stancil.F
Y Stancil.S Stanley Stephens
Y Streat Y Taylor
Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti
Vaughan Y Walker,J Y Walker.L
Wall Y Ware Y Watson
Y Watts White
Y Wilder Y Williams,B Y Williams,J Y Williams.R Y Yeargin
Murphy.Spkr

On the adoption of the Resolution, by substitute, the ayes were 145, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

SB 169. By Senator Egan of the 40th:
A bill to amend Code Section 36-37-6.1 of the Official Code of Georgia Annotated, relating to the sale, exchange, lease, or grant of an easement over certain property by certain municipalities, so as to provide that such municipalities are authorized to enter into certain contracts relating to such property; to provide an effective date.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 36-37-6.1 of the Official Code of Georgia Annotated, relating to the sale, exchange, lease, or grant of an easement over certain property by certain

1804

JOURNAL OF THE HOUSE,

municipalities, so as to provide that such municipalities are authorized to enter into certain contracts relating to such property; 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 36-37-6.1 of the Official Code of Georgia Annotated, relating to the sale, exchange, lease, or grant of an easement over certain property by certain municipalities, is amended by striking in its entirety subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) (1) All such municipalities shall have authority to lease out and grant easements over property used primarily for recreational purposes to others consistent with general park and recreational purposes for a period not exceeding 50 years and for a valuable consideration. Any such recreational property which was formerly used for annual regional fair purposes but is no longer so used may be leased by any such municipality to one or more private entities for terms of not more than 50 years each for development and use as motion picture and television production, processing, and related facilities together with all such support and service facilities as are necessary or convenient to such use.
(2) All such municipalities shall have authority to enter into contracts and renewals and extensions of contracts for the cooperative operation, maintenance, cooperative management, and funding of property which in no way limits the governance or the policy role of said municipalities which property is used primarily for recreational purposes consistent with general park and recreational purposes, for periods not exceeding ten years and for a valuable consideration."
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.

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, by substitute, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 274. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st, Patten of the 149th, Poston of the 2nd and others:
A bill to amend Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to general matters relating to the Environmental Protection Division of the Department of Natural Resources, so as to provide for the appointment and removal of the director of such division; to create an Environmental Advisory Council.

The following Senate amendment was read:

Amend HB 274 by inserting immediately following the word and symbol "Governor." on line 22 of page 1 the following:
"The director of the Environmental Protection Division of the Department of Natural Resources shall receive a salary not greater than that received by the commissioner of natural resources."

WEDNESDAY, MARCH 6, 1991

1805

Representative Porter of the 119th moved that the House disagree to the Senate amendment to HB 274.
The motion prevailed.

Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:

SB 126. By Senator English of the 21st:
A bill to amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, so as to change the provisions relating to eggs; to provide for definitions; to provide for classification of eggs.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 109, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

SB 130. By Senator Burton of the 5th:
A bill to amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to designate the first Thursday in February of each year as "Girls and Women in Sports Day" in Georgia.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Abernathy Y Adams
Aiken Y Alford Y Atkins Y Baker
Balkcom Y Barfoot Y Bargeron
Barnett,B Y Barnett.M N Bates
Y Beatty Y Benefield Y Birdsong Y Blitch
Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Y Brown
Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Chafin Y Chambless

Y Cheeks Y Childers Y Clark.E Y Clark.H Y Clark.L Y Coker
Coleman
Y Colwell Y Connell Y Culbreth Y Cummings.B
Cummings.M
Y Davis.G Y Davis.M
Dixon.H Y Dixon.S Y Dobbs
Dover Y Dunn Y Edwards Y Elliott
Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt
Y Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin

Y Groover Y Hamilton E Hammond Y Manner Y Harris.B Y Harris.J Y Heard Y Henson Y Herbert
Hightower Y Holland Y Holmes Y Howard
Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee
Long YLord

Y Lucas
Lupton YMann
Y Martin Y McCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows
Merritt Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Orrock
Y Padgett Y Parham
Parrish
Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinks ton YPoag Y Porter

Y Poston Y Powell,A Y Powell.C Y Purcell
Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith.W Y Smyre Y Snow
Y Stancil.F Y Stancil.S
Stanley Y Stephens
Streat Y Taylor
Teper Y Thomas.C Y Thomas,M Y Thomas.N Y Thurmond

1806

JOURNAL OF THE HOUSE,

Y Titus Y Tolbert Y Townsend Y Turnquest

Y Twiggs Y Valenti Y Vaughan Y Walker,J

Y Walker.L Y Wall Y Ware
Watson

Y Watts White
Y Wilder Y Williams.B

Y Williams,J Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 149, nays 1. The Bill, having received the requisite constitutional majority, was passed.

SB 347. By Senators Robinson of the 16th and Pollard of the 24th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to enhance the financial regulatory capabilities of the Commissioner of Insurance; to provide for insurer statement filings with the National Association of Insurance Commissioner; to provide for limited immunity in the use of information; to provide for confidentiality; to provide sanctions; to establish methods of allowance of credit for reinsurance.

The following Committee substitute was read and adopted:

A BILL
To amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to comprehensively revise and enhance the financial regulatory capabilities of the Commissioner of Insurance; to revise the Commissioner's authority to suspend immediately under certain conditions the certificate of authority of an insurer; to provide for insurer statement filings with the National Association of Insurance Commissioner; to provide for limited immunity in the use of information; to provide for confidentiality; to provide sanctions; to establish methods of allowance of credit for reinsurance; to provide for compliance with Chapter 11 of said title with respect to the investments of insurers; to provide standards, definitions, procedures, and financial conditions associated therewith; to provide a regulatory framework regarding certain acquisitions involving insurers and holding company systems; to provide exceptions; to provide for notices and waiting periods; to provide competitive standards; to provide for orders of the Commissioner; to provide sanctions for violations; to modernize provisions governing transactions between affiliates in holding company systems; to provide standards; to provide for the powers of the Commissioner over affiliate transactions; to revise and modernize comprehensively the regulatory framework concerning the rehabilitation, reorganization, conservation, and liquidation of insurers; to provide a short title; to provide for construction and purposes; to provide for application and definitions; to provide for the commencement and jurisdiction of delinquency proceedings; to provide for receivers and their powers and duties; to provide sanctions for failure to cooperate; to provide for application; to enumerate duties of insurers; to provide for filings, orders, and judicial review; to provide procedures associated thereto; to provide for the contents and grounds of petitions; to provide rehabilitation and liquidation procedures; to provide powers and duties of a liquidator; to provide for notices; to provide for action relative to fraudulent transactions, preferences, and claims; to provide for offsetting claims; to provide for the recovery of assets and receivables; to provide for disbursement of assets; to provide for claims; to provide priorities of distribution; to provide for court supervision; to provide for proceedings relative to foreign or alien insurers; to provide for powers and duties of ancillary receivers; to provide for court supervision and procedures; to provide for the regulation of managing general agents of insurers; to provide for licensure; to provide for contractual provisions; to provide for examinations and reviews; to provide for notices; to provide sanctions; to provide for construction; to provide a regulatory framework for business transacted with a producer controlled property and casualty insurer; to provide definitions; to provide for the governance of transactions; to provide for violations and procedures relative thereto; to provide for the regulation and licensure of reinsurance intermediaries; to provide definitions; to

WEDNESDAY, MARCH 6, 1991

1807

provide prohibitions; to provide for conditions of licensure; to provide for transactions and the duties of brokers and insurers; to provide for transactions and duties involving managers and reinsurers; to provide for examinations and reviews; to provide sanctions; to provide for other matters relative to the foregoing; 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. Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, is amended by striking Code Section 33-3-18, which reads as follows:
"33-3-18. The Commissioner may, without advance notice or a hearing thereon, suspend immediately the certificate of authority of any insurer as to which proceedings for receivership, conservatorship, rehabilitation, or other delinquency proceedings have been commenced in any state by the public insurance supervisory official of such state.", and inserting in its place a new Code Section 33-3-18 to read as follows:
"33-3-18. The Commissioner may, without advance notice or a hearing thereon, suspend immediately the certificate of authority of any insurer:
(1) As to which proceedings for receivership, conservatorship, rehabilitation, or other delinquency proceedings have been commenced in any state by the public insurance supervisory official of such state;
(2) Whose authority to do business in any state has been revoked, suspended, or restricted in any way by the public insurance supervisory official of such state; or
(3) If upon examination or at any other time it appears in the Commissioner's discretion that:
(A) The insurer's condition renders the continuance of its business hazardous to the public or to its insureds;
(B) The insurer exceeded its powers granted under its certificate of authority and applicable law;
(C) The insurer has failed to comply with the applicable provisions of this title; (D) The business of the insurer is being conducted fraudulently; or (E) The insurer gives its consent."
Section 2. Said title is further amended by adding immediately following Code Section 33-3-21.2, relating to the analysis of certain loss and loss adjustment expense reserves, a new Code section, to be designated Code Section 33-3-21.3, to read as follows:
"33-3-21.3. (a) This Code section shall apply to all domestic, foreign, and alien insurers who are authorized to transact business in this state.
(b) (1) Each domestic, foreign, and alien insurer who is authorized to transact insurance in this state shall file annually on or before March 1 of each year with the National Association of Insurance Commissioners a copy of its annual statement convention blank along with such additional filings as prescribed by the Commissioner for the preceding year. The information filed with the National Association of Insurance Commissioners shall be in the same format and scope as that required by the Commissioner and shall include the signed jurat page and the actuarial certification. Any amendments and addendums to the annual statement filing subsequently filed with the Commissioner shall also be filed with the National Association of Insurance Commissioners.
(2) Foreign insurers that are domiciled in a state which has a law substantially similar to paragraph (1) of this subsection shall be deemed in compliance with this subsection. (c) In the absence of actual malice, members of the National Association of Insurance Commissioners; their duly authorized committees, subcommittees, and task forces; their delegates; employees of the National Association of Insurance Commissioners; and all others charged with the responsibility of collecting, reviewing, analyzing, and disseminating the information developed from the filing of the annual statement convention blanks shall be acting as agents of the Commissioner under the authority of this Code section and shall not be subject to civil liability for libel, slander, or any other cause of action by virtue of their collection, review, analysis, and dissemination of the data and information collected from the filings required under this Code section.

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(d) Notwithstanding any provision of Article 4 of Chapter 18 of Title 50 to the contrary, all financial analysis ratios and examination synopses concerning insurance companies that are submitted to the department with an expectation of confidentiality by the National Association of Insurance Commissioners' Insurance Regulatory Information System shall be confidential and may not be disclosed by the department.
(e) The Commissioner may suspend, revoke, or refuse to renew the certificate of authority of any insurer failing to file its annual statement when due or within any extension of time which the Commissioner, for good cause, may have granted."
Section 3. Said title is further amended by striking Code Section 33-7-14, relating to the reinsurance of risks, in its entirety and inserting in its place a new Code Section 33-7-14 to read as follows:
"33-7-14. (a) Credit for reinsurance shall be allowed a domestic ceding insurer as either an asset or a deduction from liability on account of reinsurance ceded only when the reinsurer meets the requirements of paragraph (1), (2), (3), (4), or (5) of this subsection. If meeting the requirements of paragraph (3) or (4) of this subsection, the requirements of paragraph (6) of this subsection must also be met.
(1) Credit shall be allowed when the reinsurance is ceded to an assuming insurer which is licensed to transact insurance or reinsurance in this state;
(2) Credit shall be allowed when the reinsurance is ceded to an assuming insurer which is accredited as a reinsurer in this state. An accredited reinsurer is one which:
(A) Files with the Commissioner evidence of its submission to this state's jurisdiction;
(B) Submits to this state's authority to examine its books and records;
(C) Is licensed to transact insurance or reinsurance in at least one state, or in the case of a United States branch of an alien assuming insurer is entered through and licensed to transact insurance or reinsurance in at least one state; and
(D) Files annually with the Commissioner a copy of its annual statement filed with the insurance department of its state of domicile and a copy of its most recent
audited financial statement and: (i) Maintains a surplus with regard to policyholders in an amount which is
not less than $20 million and whose accreditation has not been denied by the Commissioner within 90 days of its submission; or
(ii) Maintains a surplus with regard to policyholders in an amount less than
$20 million and whose accreditation has been approved by the Commissioner. No credit shall be allowed a domestic ceding insurer if the assuming insurer's
accreditation has been revoked by the Commissioner after notice and hearing; (3) Credit shall be allowed when the reinsurance is ceded to an assuming insurer which is domiciled and licensed in, or, in the case of a United States branch of an
alien assuming insurer, is entered through a state which employs standards regarding credit for reinsurance substantially similar to those applicable under this Code section and the assuming insurer or United States branch of an alien assuming insurer:
(A) Maintains a surplus with regard to policyholders in an amount not less than $20 million; and
(B) Submits to the authority of this state to examine its books and records. Paragraph (1) of this subsection shall not apply to reinsurance ceded and assumed pur-
suant to pooling arrangements among insurers in the same holding company system; (4) (A) Credit shall be allowed when the reinsurance is ceded to an assuming insurer which maintains a trust fund in a qualified United States financial institu-
tion, as defined in paragraph (2) of subsection (c) of this Code section, for the payment of the valid claims of its United States policyholders and ceding insurers, their
assigns, and successors in interest. The assuming insurer shall report annually to the Commissioner information substantially the same as that required to be reported on
the National Association of Insurance Commissioners Annual Statement form by licensed insurers to enable the Commissioner to determine the sufficiency of the
trust fund. In the case of a single assuming insurer, the trust shall consist of a trusteed account representing the assuming insurer's liabilities attributable to busi-
ness written in the United States and, in addition, the assuming insurer shall maintain a trusteed surplus of not less than $20 million. In the case of a group of

WEDNESDAY, MARCH 6, 1991

1809

individual unincorporated underwriters, the trust shall consist of a trusteed account representing the group's liabilities attributable to business written in the United States and, in addition, the group shall maintain a trusteed surplus of which $100 million shall be held jointly for the benefit of United States ceding insurers of any member of the group; and the group shall make available to the Commissioner an annual certification of the solvency of each underwriter by the group's domiciliary regulator and its independent public accountants.
(B) In the case of a group of incorporated insurers under common administration which complies with the filing requirements contained in subparagraph (A) of this paragraph and which has continuously transacted an insurance business outside the United States for at least three years immediately prior to making application for accreditation, and submits to this state's authority to examine its books and records and bears the expense of the examination, and which has aggregate policyholders' surplus of $10 billion; the trust shall be in an amount equal to the group's several liabilities attributable to business ceded by the United States ceding insurers
to any member of the group pursuant to reinsurance contracts issued in the name of such group; plus the group shall maintain a joint trusteed surplus of which $100
million shall be held jointly for the benefit of United States ceding insurers of any member of the group as additional security for any such liabilities, and each mem-
ber of the group shall make available to the Commissioner an annual certification of the member's solvency by the member's domiciliary regulator and its independent public accountant.
(C) Such trust shall be established in a form approved by the Commissioner. The trust instruments shall provide that contested claims shall be valid and enforceable upon the final order of any court of competent jurisdiction in the United
States. The trust shall vest legal title to its assets in the trustees of the trust for its United States policyholders and ceding insurers, their assigns, and successors in
interest. The trust and the assuming insurer shall be subject to examination as determined by the Commissioner. The trust must remain in effect for as long as the
assuming insurer shall have outstanding obligations due under the reinsurance agreements subject to the trust.
(D) No later than February 28 of each year the trustees of the trust shall report to the Commissioner in writing setting forth the balance of the trust and listing the trust's investments as of the end of the preceding year and shall certify the date
of termination of the trust, if so planned, or certify that the trust shall not expire prior to the next following December 31;
(5) Credit shall be allowed when the reinsurance is ceded to an assuming insurer not meeting the requirements of paragraph (1), (2), (3), or (4) of this subsection but
only with respect to the insurance of risks located in jurisdictions where such reinsurance is required by applicable law or regulation of that jurisdiction; and
(6) If the assuming insurer is not licensed or accredited to transact insurance or reinsurance in this state, the credit permitted by paragraphs (3) and (4) of this sub-
section shall not be allowed unless the assuming insurer agrees in the reinsurance agreements:
(A) That in the event of the failure of the assuming insurer to perform its obligations under the terms of the reinsurance agreement, the assuming insurer, at the
request of the ceding insurer, shall submit to the jurisdiction of any court of competent jurisdiction in any state of the United States, will comply with all requirements
necessary to give such court jurisdiction, and will abide by the final decision of such court or of any appellate court in the event of an appeal; and
(B) To designate the Commissioner or a designated attorney as its true and lawful attorney upon whom may be served any lawful process in any action, suit, or proceeding instituted by or on behalf of the ceding company.
This paragraph is not intended to conflict with or override the obligation of the parties to a reinsurance agreement to arbitrate their disputes, if such an obligation is created in the agreement.
(b) A reduction from liability for the reinsurance ceded by a domestic insurer to an assuming insurer not meeting the requirements of subsection (a) of this Code section

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JOURNAL OF THE HOUSE,

shall be allowed in an amount not exceeding the liabilities carried by the ceding insurer and such reduction shall be in the amount of funds held by or on behalf of the ceding insurer, including funds held in trust for the ceding insurer, under a reinsurance contract with such assuming insurer as security for the payment of obligations thereunder, if such security is held in the United States subject to withdrawal solely by, and under the exclusive control of, the ceding insurer; or, in the case of a trust, held in a qualified United States financial institution, as defined in paragraph (2) of subsection (c) of this Code section. This security may be in the form of:
(1) Cash; (2) Securities listed by the Securities Valuation Office of the National Association of Insurance Commissioners and qualifying as admitted assets; (3) Clean, irrevocable, unconditional letters of credit, issued or confirmed by a qualified United States institution, as defined in paragraph (1) of subsection (c) of this Code section, no later than December 31 of the year for which filing is being made, and in the possession of the ceding company on or before the filing date of its annual statement. Letters of credit meeting applicable standards of issuer acceptability as of the dates of their issuance or confirmation shall, notwithstanding the issuing or confirming institution's subsequent failure to meet applicable standards of issuer acceptability, continue to be acceptable as security until their expiration, extension, renewal, modification, or amendment, whichever first occurs; or (4) Any other form of security acceptable to the Commissioner. (c) (1) For purposes of paragraph (3) of subsection (b) of this Code section, 'qualified United States financial institution' means an institution that:
(A) Is organized or, in the case of a United States office of a foreign banking organization, licensed under the laws of the United States or any state thereof;
(B) Is regulated, supervised, and examined by the United States federal or state authorities having regulatory authority over banks and trust companies; and
(C) Has been determined by either the Commissioner or the Securities Valuation Office of the National Association of Insurance Commissioners to meet such standards of financial condition and standing as are considered necessary and appropriate to regulate the quality of financial institutions whose letters of credit will be acceptable to the Commissioner. (2) A 'qualified United States financial institution' means, for the purposes of those provisions of this Code section specifying those institutions that are eligible to act as a fiduciary of a trust, an institution that:
(A) Is organized or, in the case of a United States branch or agency office of a foreign banking organization, licensed under the laws of the United States or any state thereof and has been granted authority to operate with fiduciary powers; and
(B) Is regulated, supervised, and examined by federal or state authorities having regulatory authority over banks and trust companies."
Section 4. Said title is further amended by adding at the end of Chapter 11, relating to investments of insurers, a new Code Section 33-11-43 to read as follows:
"33-11-43. Notwithstanding any provision of the federal Secondary Mortgage Market Enhancement Act, 15 U.S.C. Section 77 r-1, to the contrary, any insurer subject to the provisions of this title shall comply with all provisions, restrictions, and limitations concerning investments provided in this chapter."
Section 5. Said title is further amended by adding immediately following Code Section 33-13-3, relating to the acquisition of control of or merger with a domestic insurer, a new Code section, to be designated Code Section 33-13-3.1, to read as follows:
"33-13-3.1. (a) As used in this Code section, the term: (1) 'Acquisition' means any agreement, arrangement, or activity, the consummation
of which results in a person acquiring directly or indirectly the control of another person and, includes, but is not limited to, the acquisition of voting securities, the acquisition of assets, bulk reinsurance, and mergers.
(2) 'Involved insurer' includes an insurer which either acquires or is acquired, is affiliated with an acquirer or acquired, or is the result of a merger.

WEDNESDAY, MARCH 6, 1991

1811

(b) (1) Except as exempted in paragraph (2) of this subsection, this Code section applies to any acquisition in which there is a change in control of an insurer authorized to do business in this state.
(2) This Code section shall not apply to the following: (A) An acquisition subject to approval or disapproval by the Commissioner pur-
suant to Code Section 33-13-3; (B) A purchase of securities solely for investment purposes so long as such secu-
rities are not used by voting or otherwise to cause or attempt to cause the substantial lessening of competition in any insurance market in this state. If a purchase of securities results in a presumption of control under paragraph (3) of Code Section 33-13-1, it is not solely for investment purposes unless the commissioner of the insurer's state of domicile accepts a disclaimer of control or affirmatively finds that control does not exist and such disclaimer action or affirmative finding is communicated by the domiciliary commissioner to the Commissioner of this state;
(C) The acquisition of a person by another person when both persons are neither directly nor through affiliates primarily engaged in the business of insurance, if preacquisition notification is filed with the Commissioner in accordance with paragraph (1) of subsection (c) of this Code section 30 days prior to the proposed effective date of the acquisition. However, such preacquisition notification is not
required for exclusion from this Code section if the acquisition would otherwise be excluded from this Code section by any other subparagraph of this paragraph;
(D) The acquisition of already affiliated persons; (E) An acquisition if, as an immediate result of the acquisition:
(i) In no market would the combined market share of the involved insurers exceed 5 percent of the total market;
(ii) There would be no increase in any market share; or (iii) In no market would:
(I) The combined market share of the involved insurers exceed 12 percent
of the total market; and (II) The market share increases by more than 2 percent of the total market.
For the purpose of this subparagraph, the term 'market' means a direct written insurance premium in this state for a line of business as contained in the annual
statement required to be filed by insurers licensed to do business in this state; (F) An acquisition for which a preacquisition notification would be required pur-
suant to this Code section due solely to the resulting effect on the ocean marine
insurance line of business; or (G) An acquisition of an insurer whose domiciliary commissioner affirmatively
finds that such insurer is in failing condition; there is a lack of feasible alternative
to improving such condition; the public benefits of improving such insurer's condition through the acquisition exceed the public benefits that would arise from not
lessening competition; and such findings are communicated by the domiciliary commissioner to the Commissioner of this state.
(c) An acquisition covered by subsection (b) of this Code section may be subject to an order pursuant to subsection (e) of this Code section unless the acquiring person files
a preacquisition notification and the waiting period has expired. The acquired person may file a preacquisition notification. The Commissioner shall give confidential treat-
ment to information submitted under this subsection in the same manner as provided in Code Section 33-13-7.
(1) The preacquisition notification shall be in such form and contain such information as prescribed by the National Association of Insurance Commissioners relating to
those markets which, under subparagraph (b)(2)(E) of this Code section, cause the acquisition not to be exempted from the provisions of this Code section. The Commis-
sioner may require such additional material and information as he deems necessary to determine whether the proposed acquisition, if consummated, would violate the com-
petitive standard of subsection (d) of this Code section. The required information may include an opinion of an economist as to the competitive impact of the acquisition in this state accompanied by a summary of the education and experience of such person
indicating his or her ability to render an informed opinion; and

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(2) The waiting period required shall begin on the date of receipt of the Commissioner of a preacquisition notification and shall end on the earlier of the thirtieth day after the date of such receipt or termination of the waiting period by the Commis-
sioner. Prior to the end of the waiting period, the Commissioner on a one-time basis may require the submission of additional needed information relevant to the proposed acquisition, in which event the waiting period shall end on the earlier of the thirtieth day after receipt of such additional information by the Commissioner or termination
of the waiting period by the Commissioner. (d) (1) The Commissioner may enter an order under paragraph (1) of subsection (e)
of this Code section with respect to an acquisition if there is substantial evidence that the effect of the acquisition may be substantially to lessen competition in any line of
insurance in this state or tend to create a monopoly therein or if the insurer fails to file adequate information in compliance with subsection (c) of this Code section.
(2) In determining whether a proposed acquisition would violate the competitive standard of paragraph (1) of this subsection, the Commissioner shall consider the following:
(A) Any acquisition covered under subsection (b) of this Code section involving two or more insurers competing in the same market is prima-facie evidence of viola-
tion of the competitive standards: (i) If the market is highly concentrated and the involved insurers possess the
following shares of the market:

Insurer A

Insurer B

4 percent 10 percent
15 percent

4 percent or more 2 percent or more
1 percent or more; or

(ii) If the market is not highly concentrated and the involved insurers possess the following shares of the market:

Insurer A

Insurer B

5 percent 10 percent
15 percent 19 percent

5 percent or more 4 percent or more
3 percent or more 1 percent or more

A highly concentrated market is one in which the share of the four largest insurers
is 75 percent or more of the market. Percentages not shown in the tables are interpolated proportionately to the percentages that are shown. If more than two insur-
ers are involved, exceeding the total of the two columns in the table is prima-facie evidence of violation of the competitive standard in paragraph (1) of this subsection.
For the purpose of this subparagraph, the insurer with the largest share of the market shall be deemed to be Insurer A;
(B) There is a significant trend toward increased concentration when the aggregate market share of any grouping of the largest insurers in the market, from the
two largest to the eight largest, has increased by 7 percent or more of the market
over a period of time extending from any base year five to ten years prior to the acquisition up to the time of the acquisition. Any acquisition or merger covered under subsection (b) of this Code section involving two or more insurers competing
in the same market is prima-facie evidence of violation of the competitive standard in paragraph (1) of this subsection if:
(i) There is a significant trend toward increased concentration in the market; (ii) One of the insurers involved is one of the insurers in a grouping of such
large insurers showing the requisite increase in the market share; and (iii) Another involved insurer's market is 2 percent or more;
(C) For the purposes of this paragraph: (i) The term 'insurer' includes any company or group of companies under
common management, ownership, or control;

WEDNESDAY, MARCH 6, 1991

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(ii) The term 'market' means the relevant product and geographical markets. In determining the relevant product and geographical markets, the Commissioner shall give due consideration to, among other things, the definitions or guidelines, if any, promulgated by the National Association of Insurance Commissioners and to information, if any, submitted by parties to the acquisition. In the absence of sufficient information to the contrary, the relevant product market is assumed to be the direct written insurance premium for a line of business, such line being that used in the annual statement required to be filed by insurers doing business in this state, and the relevant geographical market is assumed to be this state; and
(iii) The burden of showing prima-facie evidence of violation of the competitive standard rests upon the Commissioner; (D) Even though an acquisition is not prima-facie violative of the competitive standard under subparagraphs (A) and (B) of this paragraph, the Commissioner may establish the requisite anticompetitive effect based upon other substantial evidence. Even though an acquisition is prima-facie violative of the competitive standard under subparagraphs (A) and (B) of this paragraph, a party may establish the absence of the requisite anticompetitive effect based upon other substantial evidence. Relevant factors in making a determination under this paragraph include, but are not limited to, the following: market shares, volatility of ranking of market leaders, number of competitors, concentration, trend of concentration in the industry, and ease of entry into the market and exit from the market. (3) An order may not be entered under paragraph (1) of subsection (e) of this Code section if: (A) The acquisition will yield substantial economies of scale or economies in resource utilization that cannot be feasibly achieved in any other way, and the public benefits which would arise from such economies exceed the public benefits which would arise from not lessening competition; or (B) The acquisition will substantially increase the availability of insurance, and the public benefits of such increase exceed the public benefits which would arise from not lessening competition. (e) (1) (A) If an acquisition violates the standards of this Code section, the Commissioner may enter an order:
(i) Requiring an involved insurer to cease and desist from doing business in this state with respect to the line or lines of insurance involved in the violation; or
(ii) Denying the application of an acquired or acquiring insurer for a license to do business in this state. (B) Such an order shall not be entered unless:
(i) There is a hearing;
(ii) Notice of such hearing is issued prior to the end of the waiting period and not less than 15 days prior to the hearing; and
(iii) The hearing is concluded and the order is issued no later than 60 days after the end of the waiting period. Every order shall be accompanied by a written decision of the Commissioner setting forth his findings of fact and conclusions of law.
(C) An order entered under this paragraph shall not become final earlier than 30 days after it is issued, during which time the involved insurer may submit a plan to remedy the anticompetitive impact of the acquisition within a reasonable time. Based upon such plan or other information, the Commissioner shall specify the conditions, if any, under the time period during which the aspects of the acquisition causing a violation of the standards of this Code section would be remedied and the order vacated or modified.
(D) An order pursuant to this paragraph shall not apply if the acquisition is not consummated.
(2) Any person who violates a cease and desist order of the Commissioner under paragraph (1) of this subsection and while such order is in effect, may after notice and

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hearing and upon order of the Commissioner, be subject, at the discretion of the Commissioner, to any one or more of the following:
(A) A monetary penalty of not more than $10,000.00 for every day of violation; or
(B) Suspension or revocation of such person's license. (3) Any insurer or other person who fails to make any filing required by this subsection and who also fails to demonstrate a good faith effort to comply with any such filing requirement shall be subject to a fine of not more than $50,000.00."
Section 6. Said title is further amended by striking Code Section 33-13-5, relating to standards governing transactions by registered insurers with affiliates generally, in its entirety and inserting in its place a new Code Section 33-13-5 to read as follows:
"33-13-5. (a) (1) Transactions within a holding company system to which an insurer subject to registration is a party shall be subject to the following standards:
(A) The terms shall be fair and reasonable; (B) Charges or fees for services performed shall be reasonable; (C) Expenses incurred and payment received shall be allocated to the insurer in conformity with customary insurance accounting practices consistently applied; (D) The books, accounts, and records of each party to all such transactions shall be so maintained as to clearly and accurately disclose the nature and details of the transactions, including such accounting information as is necessary to support the reasonableness of the charges or fees to the respective parties; and (E) The insurer's surplus with regard to policyholders following any dividends or distributions to shareholder affiliates shall be reasonable in relation to the insurer's outstanding liabilities and adequate to its financial needs. (2) The following transactions involving a domestic insurer and any person in its holding company system may not be entered into unless the insurer has notified the Commissioner in writing of its intention to enter into such transaction at least 30 days prior thereto, or such shorter period as the Commissioner may permit, and the Commissioner has not disapproved it within such period: (A) Sales, purchases, exchanges, loans or extensions of credit, guarantees, or investments, provided such transactions are equal to or exceed: with respect to nonlife insurers, the lesser of 3 percent of the insurer's admitted assets or 25 percent of surplus as regards policyholders; or with respect to life insurers, 3 percent of the insurer's admitted assets; each as of December 31 next preceding; (B) Loans or extensions of credit to any person who is not an affiliate, where the insurer makes such loans or extensions of credit with the agreement or understanding that the proceeds of such transactions, in whole or in substantial part, are to be used to make loans or extensions of credit to, to purchase assets of, or to make investments in, any affiliate of the insurer making such loans or extensions of credit provided such transactions are equal to or exceed: with respect to nonlife insurers, the lesser of 3 percent of the insurer's admitted assets or 25 percent of surplus with regard to policyholders; or with respect to life insurers, 3 percent of the insurer's admitted assets; each as of December 31 next preceding; (C) Reinsurance agreements or modifications thereto in which the reinsurance premium or a change in the insurer's liabilities equals or exceeds 5 percent of the insurer's surplus with regard to policyholders, as of December 31 next preceding, including those agreements which may require as consideration the transfer of assets from an insurer to a nonaffiliate, if an agreement or understanding exists between the insurer and nonaffiliate that any portion of such assets will be transferred to one or more affiliates of the insurer; (D) All management agreements, service contracts, and all cost-sharing agreements; and (E) Any material transactions, specified by regulation, which the Commissioner determines may adversely affect the interests of the insurer's policyholders. Nothing contained in this paragraph shall be deemed to authorize or permit any transactions which, in the case of an insurer who is not a member of the same holding company system, would be otherwise contrary to law.

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(3) A domestic insurer may not enter into transactions which are part of a plan or series of like transactions with persons within the holding company system if the purpose of those separate transactions is to avoid the statutory threshold amount and thus avoid the review that would occur otherwise. If the Commissioner determines that such separate transactions were entered into over any 12 month period for such purpose, he may exercise his authority under Code Section 33-13-9 or Code Section 33-13-100.
(4) The Commissioner, in reviewing transactions pursuant to paragraph (2) of this subsection, shall consider whether the transactions comply with the standards set forth in paragraph (1) of this subsection and whether they may adversely affect the interests of policyholders.
(5) The Commissioner shall be notified within 30 days of any investment of the domestic insurer in any one corporation if the total investment in such corporation by the insurance holding company system exceeds 10 percent of such corporation's voting securities. (b) (1) No domestic insurer shall apply any extraordinary dividend or make any other extraordinary distribution to its shareholders until 30 days after the Commissioner has received notice of the declaration thereof and has not within such period disapproved such payment, or the Commissioner shall have approved such payment within such 30 day period.
(2) For the purposes of this subsection, an extraordinary dividend or distribution includes any dividend or distribution of cash or other property, whose fair market value together with that of other dividends or distributions made within the preceding 12 months exceeds the lesser of 10 percent of such insurer's surplus with regard to policyholders as of December 31 next preceding, or the net gain from operations of such insurer, if such insurer is a life insurer, or the net income, if such insurer is not a life insurer, not including realized capital gains, for the 12 month period ending December 31 next preceding, but shall not include pro rata distributions of any class of the insurer's own securities. In determining whether a dividend or distribution is extraordinary, an insurer other than a life insurer may carry forward net income from the previous two calendar years that has not already been paid out as dividends. This carry forward shall be computed by taking the net income from the second and third preceding calendar years, not including realized capital gains, less dividends paid in the second and immediate preceding calendar years.
(3) Notwithstanding any other provision of law, an insurer may declare an extraordinary dividend or distribution which is conditional upon the Commissioner's approval thereof, and such a declaration shall confer no rights upon shareholders until the commissioner has approved the payment of such a dividend or distribution or the commissioner has not disapproved such payment within the 30 day period referred to in paragraph (1) of this subsection. (c) For purposes of this chapter, in determining whether an insurer's surplus with regard to policyholders is reasonable in relation to the insurer's outstanding liabilities and adequate to its financial needs, the following factors, among others, shall be considered:
(1) The size of the insurer as measured by its assets, capital and surplus, reserves, premium writings, insurance in force, and other appropriate criteria;
(2) The extent to which the insurer's business is diversified among the several lines of insurance;
(3) The number and size of risks insured in each line of business; (4) The extent of the geographical dispersion of the insurer's insured risks;
(5) The nature and extent of the insurer's reinsurance program;
(6) The quality, diversification, and liquidity of the insurer's investment portfolio;
(7) The recent past and projected future trend in the size of the insurer's investment portfolio;
(8) The surplus with regard to policyholders maintained by other comparable insurers;
(9) The adequacy of the insurer's reserves; and

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(10) The quality and liquidity of investments in affiliates. The Commissioner may treat any such investment as a disallowed asset for purposes of determining the adequacy of surplus with regard to policyholders whenever in his judgment such investment so warrants."
Section 7. Said title is further amended by striking Chapter 37, relating to rehabilitation, reorganization, conservation, and liquidation of insurers, in its entirety and inserting in its place a new Chapter 37 to read as follows:
"CHAPTER 37
ARTICLE 1
33-37-1. (a) This chapter shall be known and may be cited as the 'Insurers Rehabilitation and Liquidation Act.'
(b) This chapter shall not be interpreted to limit the powers granted the Commissioner by other provisions of law.
(c) This chapter shall be liberally construed to effect the purpose stated in subsection (d) of this Code section.
(d) The purpose of this chapter is the protection of the interests of insureds, claimants, creditors, and the public generally, with minimum interference with the normal prerogatives of the owners and managers of insurers, through:
(1) Early detection of any potentially dangerous condition in an insurer and prompt application of appropriate corrective measures;
(2) Improved methods for rehabilitating insurers, involving the cooperation and management expertise of the insurance industry;
(3) Enhanced efficiency and economy of liquidation, through clarification of the law, to minimize legal uncertainty and litigation;
(4) Equitable apportionment of any unavoidable loss; (5) Lessening the problems of interstate rehabilitation and liquidation by facilitating cooperation between states in the liquidation process and by extending the scope of personal jurisdiction over debtors of the insurer outside this state; (6) Regulation of the insurance business by the impact of the law relating to delinquency procedures and substantive rules on the entire insurance business; and (7) Providing for a comprehensive scheme for the rehabilitation and liquidation of insurance companies and those subject to this chapter as part of the regulation of the business of insurance, insurance industry, and insurers in this state. Proceedings in cases of insurer insolvency and delinquency are deemed an integral aspect of the business of insurance and are of vital public interest and concern. 33-37-2. The proceedings authorized by this chapter may be applied to: (1) All insurers who are doing or have done an insurance business in this state and against whom claims arising from that business may exist now or in the future; (2) All insurers who purport to do an insurance business in this state; (3) All insurers who have insureds resident in this state; (4) All other persons organized or in the process of organizing with the intent to do an insurance business in this state; (5) All nonprofit service plans and all fraternal benefit societies; (6) All title insurance companies; and (7) All prepaid health care delivery plans, health care plans, and health maintenance organizations. 33-37-3. As used in this chapter, the term: (1) 'Ancillary state' means any state other than a domiciliary state. (2) 'Commissioner* means the Commissioner of Insurance. (3) 'Creditor' means a person having any claim, whether matured or unmatured, liquidated or unliquidated, secured or unsecured, absolute, fixed, or contingent. (4) 'Delinquency proceeding' means any proceeding instituted against an insurer for the purpose of liquidating, rehabilitating, reorganizing, or conserving such insurer and any summary proceeding under Code Section 33-37-9. 'Formal delinquency proceeding' means any liquidation or rehabilitation proceeding.

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(5) 'Doing business' includes any of the following acts, whether effected by mail or otherwise:
(A) The issuance or delivery of contracts of insurance to persons resident in this state;
(B) The solicitation of applications for such contracts or other negotiations preliminary to the execution of such contracts;
(C) The collection of premiums, membership fees, assessments, or other consideration for such contracts;
(D) The transaction of matters subsequent to execution of such contracts and arising out of them; or
(E) Operating under a license or certificate of authority, as an insurer, issued by the Insurance Department. (6) 'Domiciliary state" means the state in which an insurer is incorporated or organized; or, in the case of an alien insurer, its state of entry. (7) 'Fair consideration' means:
(A) When in exchange for property or obligation as a fair equivalent therefor and in good faith, property is conveyed, services are rendered, an obligation is incurred, or an antecedent debt is satisfied; or
(B) When property or obligation is received in good faith to secure a present advance or antecedent, debt in amount not disproportionately small as compared to the value of the property or obligation obtained. (8) 'Foreign country' means any other jurisdiction not in any state. (9) 'General assets' means all property, real, personal, or otherwise, not specifically mortgaged, pledged, deposited, or otherwise encumbered for the security or benefit of specified persons or classes of persons. As to specifically encumbered property, 'general assets' includes all such property or its proceeds in excess of the amount necessary to discharge the sum or sums secured thereby. Assets held in trust and on deposit for the security or benefit of all policyholders or all policyholders and creditors in more than a single state shall be treated as general assets. (10) 'Guaranty association' means the Georgia Insurers Insolvency Pool created by Chapter 36 of this title, the Georgia Life and Health Insurance Guaranty Association created by Chapter 38 of this title, and any other similar entity now or hereafter created by the General Assembly for the payment of claims of insolvent insurers. 'Foreign guaranty association' means any similar entities now in existence in or hereafter created by the legislature of any other state. (11) 'Insolvency' or 'insolvent' means:
(A) For an insurer issuing only assessable fire insurance policies: (i) The inability to pay any obligation within 30 days after it becomes pay-
able; or (ii) If an assessment is made within 30 days after an obligation becomes pay-
able, the inability to pay such obligation 30 days following the date specified in the first assessment notice issued after the date of loss;
(B) For any other insurer, the inability to pay its obligations when they are due, or when its admitted assets do not exceed its liabilities plus the greater of:
(i) Any capital and surplus required by law for its organization; or
(ii) The total par or stated value of its authorized and issued capital stock; and
(C) As to any insurer licensed to do business in this state as of July 1, 1991, which does not meet the standard established under subparagraph (B) of this paragraph, for a period not to exceed three years from July 1, 1991, the inability to pay its obligations when they are due or that its admitted assets do not exceed its liabilities plus any required capital contribution ordered by the Commissioner under provisions of this title.
For purposes of this paragraph, 'liabilities' shall include, but not be limited to, reserves required by statute or by regulations or specific requirements imposed by the Commissioner upon a subject company at the time of admission or subsequent thereto.

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(12) 'Insurer' means any person who has done, purports to do, is doing, or is licensed to do an insurance business and is or has been subject to liquidation, rehabilitation, reorganization, supervision, the authority of, or conservation by any state insurance regulatory official. For purposes of this chapter, any other persons included under Code Section 33-37-2 shall be deemed to be insurers.
(13) 'Preferred claim" means any claim with respect to which the terms of this chapter accord priority of payment from the general assets of the insurer.
(14) 'Receiver' means receiver, liquidator, rehabilitator, or conservator as the context requires.
(15) 'Reciprocal state' means any state other than this state in which in substance and effect Code Sections 33-37-17, 33-37-51, 33-37-52, and 33-37-54 through 33-37-56 are in force, and in which provisions are in force requiring that the commissioner or equivalent official be the receiver of a delinquent insurer, and in which some provision exists for the avoidance of fraudulent conveyances and preferential transfers.
(16) 'Secured claim' means any claim secured by mortgage, trust deed, pledge, deposit as security, escrow, or otherwise, but not including special deposit claims or claims against general assets. The term also includes claims which have become liens
upon specific assets by reason of judicial process. (17) 'Special deposit claim' means any claim secured by a deposit made pursuant
to statute for the security or benefit of a limited class or classes of persons, but not including any claim secured by general assets.
(18) 'State' means any state, district, or territory of the United States. (19) 'Transfer' shall include the sale and every other and different mode, direct or indirect, of disposing of or of parting with property, an interest therein, the possession thereof or of fixing a lien upon property or upon an interest therein, whether absolutely or conditionally, voluntarily, or by or without judicial proceedings. The retention of a security title to property delivered to a debtor shall be deemed a transfer suffered by the debtor. 33-37-4. (a) No delinquency proceeding shall be commenced under this chapter by anyone other than the Commissioner, and no court shall have jurisdiction to entertain, hear, or determine any proceeding commenced by any other person. (b) No court of this state shall have jurisdiction to entertain, hear, or determine any complaint praying for the dissolution, liquidation, rehabilitation, sequestration, conservation, or receivership of any insurer; or praying for an injunction or restraining order or other relief preliminary to, incidental to or relating to such proceedings other than in accordance with this chapter. (c) In addition to other grounds for jurisdiction provided by the law of this state, a court of this state having jurisdiction of the subject matter has jurisdiction over a person served pursuant to Code Section 9-11-4 or other applicable provisions of law in an action brought by the receiver of a domestic insurer or an alien insurer domiciled in this state:
(1) If the person served is an agent, broker, or other person who has at any time written policies of insurance for or has acted in any manner whatsoever on behalf of an insurer against which a delinquency proceeding has been instituted, in any action resulting from or incident to such a relationship with the insurer;
(2) If the person served is a reinsurer who has at any time entered into a contract of reinsurance with an insurer against which a delinquency proceeding has been instituted or is an agent or broker of or for the reinsurer, in any action on or incident to the reinsurance contract;
(3) If the person served is or has been an officer, director, manager, trustee, organizer, promoter, or other person in a position of comparable authority or influence over an insurer against which a delinquency proceeding has been instituted, in any action resulting from or incident to such a relationship with the insurer;
(4) If the person served is or was at the time of the institution of the delinquency proceeding against the insurer holding assets in which the receiver claims an interest on behalf of the insurer, in any action concerning the assets; or
(5) If the person served is obligated to the insurer in any way whatsoever, in any action on or incident to the obligation.

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(d) If the court on motion of any party finds that any action should as a matter of substantial justice be tried in a forum outside this state, the court may enter an appropriate order to stay further proceedings on the action in this state.
(e) Any action authorized in this Code section shall be brought in the Superior Court of Fulton County.
33-37-5. (a) Any receiver appointed in a proceeding under this chapter may at any time apply for, and any court of general jurisdiction may grant, such restraining orders, preliminary and permanent injunctions, and other orders as may be deemed necessary and proper to prevent:
(1) The transaction of further business; (2) The transfer of property; (3) Interference with the receiver or with a proceeding under this chapter; (4) Waste of the insurer's assets; (5) Dissipation and transfer of bank accounts; (6) The institution or further prosecution of any actions or proceedings; (7) The obtaining of preferences, judgments, attachments, garnishments, or liens against the insurer, its assets, or its policyholders; (8) The levying of execution against the insurer, its assets or its policyholders; (9) The making of any sale or deed for nonpayment of taxes or assessments that would lessen the value of the assets of the insurer; (10) The withholding from the receiver of books, accounts, documents, or other records relating to the business of the insurer; or (11) Any other threatened or contemplated action that might lessen the value of the insurer's assets or prejudice the rights of policyholders, creditors, or shareholders, or the administration of any proceeding under this chapter. (b) The receiver may apply to any court outside of the state for the relief described in subsection (a) of this Code section. 33-37-6. (a) Any officer, manager, director, trustee, owner, employee, or agent of any insurer or any other persons with authority over or in charge of any segment of the insurer's affairs shall cooperate with the Commissioner in any proceeding under this chapter or any investigation preliminary to the proceeding. The term 'person' as used in this Code section shall include any person who exercises control directly or indirectly over activities of the insurer through any holding company or other affiliate of the insurer. 'To cooperate' shall include, but shall not be limited to, the following: (1) To reply promptly in writing to any inquiry from the Commissioner requesting such a reply; and (2) To make available to the Commissioner any books, accounts, documents, or other records or information or property of or pertaining to the insurer and in his possession, custody, or control.
(b) No person shall obstruct or interfere with the Commissioner in the conduct of any delinquency proceeding or any investigation preliminary or incidental thereto.
(c) This Code section shall not be construed to abridge otherwise existing legal rights, including the right to resist a petition for liquidation or other delinquency proceedings or other orders.
(d) Any person included within subsection (a) of this Code section who fails to cooperate with the Commissioner, or any person who obstructs or interferes with the Commissioner in the conduct of any delinquency proceeding or any investigation preliminary or incidental thereto, or who violates any order the Commissioner issued validly under this chapter may:
(1) Be sentenced to pay a fine not exceeding $10,000.00 or to undergo imprisonment for a term of not more than one year, or both; or
(2) After a hearing, be subject to the imposition by the Commissioner of a civil penalty not to exceed $10,000.00 and shall be subject further to the revocation or suspension of any insurance licenses issued by the Commissioner.
33-37-7. Every proceeding commenced under the laws in effect before July 1, 1991, shall be deemed to have commenced under this chapter for the purpose of conducting the proceeding in this chapter, except that in the discretion of the Commissioner the

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proceeding may be continued, in whole or in part, as it would have been continued had this chapter not been enacted.
33-37-8. No insurer that is subject to any delinquency proceedings, whether formal or informal, administrative or judicial, shall:
(1) Be released from such proceeding, unless such proceeding is converted into a judicial rehabilitation or liquidation proceeding;
(2) Be permitted to solicit or accept new business or request or accept the restoration of any suspended or revoked license or certificate of authority;
(3) Be returned to the control of its shareholders or private management; or (4) Have any of its assets returned to the control of its shareholders or private management until all payments of or on account of the insurer's contractual obligations by all guaranty associations, along with all expenses thereof and interest on all such payments and expenses, shall have been repaid to the guaranty associations or a plan of repayment by the insurer shall have been approved by the guaranty association.
ARTICLE 2
33-37-9. (a) The Commissioner may file in the superior court of the county in which the insurer is domiciled or in the Superior Court of Fulton County a petition alleging, with respect to a domestic insurer:
(1) That there exists any grounds that would justify a court order for a formal delinquency proceeding against an insurer under this chapter;
(2) That the interests of policyholders, creditors, or the public will be endangered by delay; and
(3) The contents of an order deemed necessary by the Commissioner.
(b) Upon a filing under subsection (a) of this Code section, the court may issue forthwith, ex parte, and without a hearing the requested order which shall direct the Commissioner to take possession and control of all or a part of the property, books, accounts, documents, and other records of an insurer and of the premises occupied by it for transaction of its business and until further order of the court, enjoin the insurer and its officers, managers, agents, and employees from disposition of its property and from the transaction of its business except with the written consent of the Commissioner.
(c) The court shall specify in the order what its duration shall be which shall be such time as the court deems necessary for the Commissioner to ascertain the condition of the insurer. On motion of either party or on its own motion, the court may from time to time hold such hearings as it deems desirable after such notice as it deems appropriate and may extend, shorten, or modify the terms of the seizure order. The court shall vacate the seizure order if the Commissioner fails to commence a formal proceeding under this chapter after having had a reasonable opportunity to do so. An order of the court pursuant to a formal proceeding under this chapter shall ipso facto vacate the seizure order.
(d) Entry of a seizure order under this Code section shall not constitute an anticipatory breach of any contract of the insurer.
(e) An insurer subject to an ex parte order under this Code section may petition the court at any time after the issuance of such order for a hearing and review of the order. The court shall hold such a hearing and review not more than 15 days after the request. A hearing under this subsection may be held privately in chambers and it shall be so held if the insurer proceeded against so requests.
(f) If, at any time after the issuance of such an order, it appears to the court that any person whose interest is or will be substantially affected by the order did not appear at the hearing and has not been served, the court may order that notice be given. An order that notice be given shall not stay the effect of any order previously issued by the court.
33-37-10. In all proceedings and judicial reviews thereof under Code Section 33-37-9, all records of the insurer, other documents, and all Insurance Department files and court

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records and papers, so far as they pertain to or are a part of the record of the proceedings, shall be and remain confidential except as is necessary to obtain compliance therewith, unless and until the court, after hearing arguments from the parties in chambers, shall order otherwise or unless the insurer requests that the matter be made public. Until such court order, all papers filed with the clerk of the superior court shall be held by him in a confidential file.
ARTICLE 3
33-37-11. The Commissioner may apply by petition to the Superior Court of Fulton County for an order authorizing him to rehabilitate a domestic insurer or an alien insurer domiciled in this state on any one or more of the following grounds:
(1) The insurer is in such condition that the further transaction of business would be hazardous financially to its policyholders, creditors, or the public;
(2) There is reasonable cause to believe that there has been embezzlement from the insurer, wrongful sequestration or diversion of the insurer's assets, forgery or fraud affecting the insurer, or other illegal conduct in, by, or with respect to the insurer that if established would endanger assets in an amount threatening the solvency of the insurer;
(3) The insurer has failed to remove any person who in fact has executive authority in the insurer, whether an officer, manager, general agent, employee, or other person, if the person has been found after notice and hearing by the Commissioner to be dishonest or untrustworthy in a way affecting the insurer's business;
(4) Control of the insurer, whether by stock ownership or otherwise, and whether direct or indirect, is in a person or persons found after notice and hearing to be untrustworthy;
(5) Any person who in fact has executive authority in the insurer, whether an officer, manager, general agent, director, trustee, employee, or other person, has refused to be examined under oath by the Commissioner concerning its affairs, whether in this state or elsewhere, and after reasonable notice of the fact, the insurer has failed promptly and effectively to terminate the employment and status of the person and all his influence on management;
(6) After demand by the Commissioner under Code Section 33-2-11 or under this chapter, the insurer has failed promptly to make available for examination any of its own property, books, accounts, documents, or other records or those of any subsidiary or related company within the control of the insurer or those of any person having executive authority in the insurer so far as they pertain to the insurer;
(7) Without first obtaining the written consent of the Commissioner, the insurer has transferred, or attempted to transfer, in a manner contrary to Chapter 13 of this title, substantially its entire property or business or has entered into any transaction the effect of which is to merge, consolidate, or reinsure substantially its entire property or business in or with the property or business of any other person;
(8) The insurer or its property has been or is the subject of an application for the appointment of a receiver, trustee, custodian, conservator, or sequestrator, or similar fiduciary of the insurer or its property otherwise than as authorized under the insurance laws of this state, and such appointment has been made or is imminent, and such appointment might oust the courts of this state of jurisdiction or might prejudice orderly delinquency proceedings under this chapter;
(9) Within the previous four years the insurer has willfully violated its charter or articles of incorporation, its bylaws, any provision of this title, or any valid order of the Commissioner;
(10) The insurer has failed to pay within 60 days after due date any obligation to any state or any subdivision thereof or any judgment entered in any state, if the court in which such judgment was entered had jurisdiction over such subject matter except that such nonpayment shall not be a ground until 60 days after any good faith effort by the insurer to contest the obligation has been terminated, whether it is before the Commissioner or in the courts, or the insurer has systematically attempted to compromise or renegotiate previously agreed settlements with its creditors on the ground that it is financially unable to pay its obligations in full;

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(11) The insurer has failed to file its annual report or other financial report required by statute within the time allowed by law and, after written demand by the Commissioner, has failed to give an adequate explanation immediately; or
(12) The board of directors or the holders of a majority of the shares entitled to vote or a majority of those individuals entitled to the control of insurers request or consent to rehabilitation under this chapter.
33-37-12. (a) An order to rehabilitate the business of a domestic insurer, or an alien insurer domiciled in this state, shall appoint the Commissioner and his successors in office the rehabilitator and shall direct the rehabilitator forthwith to take possession of the assets of the insurer and to administer them under the general supervision of the court. The filing or recording of the order with the clerk of the superior court or recorder of deeds of the county in which the principal business of the company is conducted, or the county in which its principal office or place of business is located, shall impart the same notice as a deed, bill of sale, or other evidence of title duly filed or recorded with that recorder of deeds would have imparted. The order to rehabilitate the insurer shall by operation of law vest title to all assets of the insurer in the rehabilitator.
(b) Any order issued under this Code section shall require accountings to the court by the rehabilitator. Accountings shall be at such intervals as the court specifies in its order, but no less frequently than semiannually. Each accounting shall include a report
concerning the rehabilitator's opinion as to the likelihood that a plan under subsection (d) of Code Section 33-37-13 will be prepared by the rehabilitator and the timetable for doing so.
(c) Entry of an order of rehabilitation shall not constitute an anticipatory breach of any contracts of the insurer nor shall it be grounds for retroactive revocation of retroactive cancellation of any contracts of the insurer, unless such revocation or cancellation
is done by the rehabilitator pursuant to Code Section 33-37-13. 33-37-13. (a) The Commissioner as rehabilitator may appoint one or more special
deputies who shall have all the powers and responsibilities of the rehabilitator granted under this Code section, and the Commissioner may employ such clerks and assistants as deemed necessary. The compensation of the special deputy, clerks, and assistants and
all expenses of taking possession of the insurer and of conducting the proceedings shall be fixed by the Commissioner with the approval of the court and shall be paid out of
the funds or assets of the insurer. The persons appointed under this Code section shall serve at the pleasure of the Commissioner. The Commissioner, as rehabilitator, may,
with the approval of the court, appoint an advisory committee of policyholders, claimants, or other creditors including guaranty associations should such a committee be
deemed necessary. Such committee shall serve at the pleasure of the Commissioner and shall serve without compensation other than reimbursement for reasonable travel and per diem living expenses. No other committee of any nature shall be appointed by the
Commissioner or the court in rehabilitation proceedings conducted under this chapter. (b) In the event that the property of the insurer does not contain sufficient cash or
liquid assets to defray the costs incurred, the Commissioner may advance the costs so incurred out of any appropriation for the maintenance of the insurance department. Any
amounts so advanced for expenses of administration shall be repaid to the Commissioner for the use of the insurance department out of the first available money of the insurer.
(c) The rehabilitator may take such action as he deems necessary or appropriate to reform and revitalize the insurer. He shall have all the powers of the directors, officers,
and managers whose authority shall be suspended, except as they are redelegated by the rehabilitator. He shall have full power to direct and manage, to hire and discharge
employees subject to any contract rights they may have, and to deal with the property and business of the insurer.
(d) If it appears to the rehabilitator that there has been criminal or tortious conduct, or breach of any contractual or fiduciary obligation detrimental to the insurer by any officer, manager, agent, broker, employee, or other person, he may pursue all appropriate
legal remedies on behalf of the insurer. (e) If the rehabilitator determines that reorganization, consolidation, conversion,
reinsurance, merger, or other transformation of the insurer is appropriate, he shall prepare a plan to effect such changes. Upon application of the rehabilitator for approval

WEDNESDAY, MARCH 6, 1991

1823

of the plan, and after such notice and hearings as the court may prescribe, the court may either approve or disapprove the plan proposed, or may modify it and approve it as modified. Any plan approved under this Code section shall be, in the judgment of the court, fair and equitable to all parties concerned. If the plan is approved, the rehabilitator shall carry out the plan. In the case of a life insurer, the plan proposed may include the imposition of liens upon the policies of the company if all rights of shareholders are first relinquished. A plan for a life insurer may also propose imposition of a moratorium upon loan and cash surrender rights under policies for such period and to such an extent as may be necessary.
(f) The rehabilitator shall have the power under Code Sections 33-37-25 and 33-37-26 to avoid fraudulent transfers.
33-37-14. (a) Any court in this state before which any action or proceeding in which the insurer is a party, or is obligated to defend a party, is pending when a rehabilitation order against the insurer is entered shall stay the action or proceeding for 90 days and such additional time as is necessary for the rehabilitator to obtain proper representation and prepare for further proceedings. The rehabilitator shall take such action respecting the pending litigation as he deems necessary in the interests of justice and for the pro-
tection of creditors, policyholders, and the public. The rehabilitator shall immediately consider all litigation pending outside this state and shall petition the courts having
jurisdiction over that litigation for stays whenever necessary to protect the estate of the insurer.
(b) No statute of limitations or defense of laches shall run with respect to any action
by or against an insurer between the filing of a petition for appointment of a rehabilitator for that insurer and the order granting or denying that petition. Any action against
the insurer that might have been commenced when the petition was filed may be commenced for at least 60 days after the order of rehabilitation is entered or the petition is denied. The rehabilitator may, upon an order for rehabilitation, within one year or
such other longer time as applicable law may permit, institute an action or proceeding on behalf of the insurer upon any cause of action against which the period of limitation
fixed by applicable law has not expired at the time of the filing of the petition upon which such order is entered.
(c) Any guaranty association or foreign guaranty association covering life or health
insurance or annuities shall have standing to appear in any court proceeding concerning the rehabilitation of a life or health insurer if such association is or may become liable
to act as a result of the rehabilitation. 33-37-15. (a) Whenever the Commissioner believes further attempts to rehabilitate
an insurer would substantially increase the risk of loss to creditors, policyholders, or the public or would be futile the Commissioner may petition the superior court for an order
of liquidation. A petition under this subsection shall have the same effect as a petition under Code Section 33-37-16. The superior court shall permit the directors of the insurer to take such actions as are reasonably necessary to defend against the petition and may
order payment from the estate of the insurer or such costs and other expenses of defense as justice may require.
(b) The protection of the interests of insureds, claimants, and the public requires the timely performance of all insurance policy obligations. If the payment of policy obliga-
tions is suspended in substantial part for a period of six months at any time after the appointment of the rehabilitator and the rehabilitator has not filed an application for
approval of a plan under subsection (d) of Code Section 33-37-13, the rehabilitator shall petition the court for an order of liquidation on grounds of insolvency.
(c) The rehabilitator may at any time petition the superior court for an order terminating rehabilitation of an insurer. The court shall also permit the directors of the
insurer to petition the court for an order terminating rehabilitation of the insurer and may order payment from the estate of the insurer of such costs and other expenses of
such petition as justice may require. If the superior court finds that rehabilitation has been accomplished and that grounds for rehabilitation under Code Section 33-37-11 no
longer exist, it shall order that the insurer be restored to possession of its property and the control of the business. The superior court may also make that finding and issue
that order at any time upon its own motion.

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33-37-16. The Commissioner may petition the superior court for an order directing him to liquidate a domestic insurer or an alien insurer domiciled in this state on the basis:
(1) Of any ground for an order of rehabilitation as specified in Code Section 33-37-11, whether or not there has been a prior order directing the rehabilitation of the insurer;
(2) That the insurer is insolvent; or (3) That the insurer is in such condition that the further transaction of business would be hazardous, financially or otherwise, to its policyholders, its creditors, or the public. 33-37-17. (a) An order to liquidate the business of a domestic insurer shall appoint the Commissioner and his successors in office liquidator and shall direct the liquidator forthwith to take possession of the assets of the insurer and to administer them under the general supervision of the court. The liquidator shall be vested by operation of law with the title to all of the property, contracts, and rights of action, and all of the books and records of the insurer ordered liquidated, wherever located, as of the entry of the final order of liquidation. The filing or recording of the order with the clerk of the superior court and the recorder of deeds of the county in which its principal office or place or business is located, or, in the case of real estate, with the recorder of deeds of the county where the property is located, shall impart the same notice as a deed, bill of sale, or other evidence of title duly filed or recorded with that recorder of deeds would have imparted.
(b) Upon issuance of the order, the rights and liabilities of any such insurer and of its creditors, policyholders, shareholders, members, and all other persons interested in its estate shall become fixed as of the date of entry of the order of liquidation, except as provided in Code Sections 33-37-18 and 33-37-36.
(c) An order to liquidate the business of an alien insurer domiciled in this state shall be in the same terms and have the same legal effect as an order to liquidate a domestic insurer, except that the assets and the business in the United States shall be the only assets and business included therein.
(d) At the time of petitioning for an order of liquidation, or at any time thereafter, the Commissioner, after making appropriate findings of an insurer's insolvency, may petition the court for a judicial declaration of such insolvency. After providing such notice and hearing as it deems proper, the court may make the declaration.
(e) Any order issued under this Code section shall require financial reports to the court by the liquidator. Financial reports shall include at a minimum the assets and liabilities of the insurer and all funds received or disbursed by the liquidator during the current period. Financial reports shall be filed within one year of the liquidation order and at least annually thereafter.
(f) (1) Within ten days of July 1, 1991, or, if later, within five days after the initiation of an appeal of an order of liquidation, which order has not been stayed, the Commissioner shall present for the court's approval a plan for the continued performance of the defendant company's policy claims obligations, including the duty to defend insureds under liability insurance policies, during the pendency of an appeal. Such plan shall provide for the continued performance and payment of policy claims obligations in the normal course of events, notwithstanding the grounds alleged in support of the order of liquidation including the ground of insolvency. In the event the defendant company's financial condition will not, in the judgment of the Commissioner, support the full performance of all policy claims obligations during the appeal pendency period, the plan may prefer the claims of certain policyholders and claimants over creditors and interested parties as well as other policyholders and claimants as the Commissioner finds to be fair and equitable considering the relative circumstances of such policyholders and claimants. The court shall examine the plan submitted by the Commissioner and if it finds the plan to be in the best interests of the parties, the court shall approve the plan. No action shall lie against the Commissioner or any of his deputies, agents, clerks, assistants, or attorneys by any party based on preference in an appeal pendency plan approved by the court.

WEDNESDAY, MARCH 6, 1991

1825

(2) The appeal pendency plan shall not supersede or affect the obligations of any insurance guaranty association.
(3) Any such plans shall provide for equitable adjustments to be made by the liquidator to any distributions of assets to guaranty associations, in the event that the liquidator pays claims from assets of the estate, which would otherwise be the obligations of any particular guaranty association but for the appeal of the order of liquidation, such that all guaranty associations equally benefit on a pro rata basis from the assets of the estate. Further, in the event an order of liquidation is set aside upon any appeal, the company shall not be released from delinquency proceedings unless and until all funds advanced by any guaranty association, including reasonable administrative expenses in connection therewith relating to obligations of the company, shall be repaid in full, together with interest at the judgment rate of interest or unless an arrangement for repayment thereof has been made with the consent of all applicable guaranty associations.
33-37-18. (a) All policies, including bonds and other noncancelable business, other than life or accident and sickness insurance or annuities, in effect at the time of issuance
of an order of liquidation shall continue in force only for the lesser of:
(1) A period of 30 days from the date of entry of the liquidation orders; (2) The expiration of the policy coverage;
(3) The date when the insured has replaced the insurance coverage with equivalent insurance in another insurer or otherwise terminated the policy;
(4) The date on which the liquidator effects a transfer of the policy obligation pur-
suant to paragraph (9) of subsection (a) of Code Section 33-37-20; or (5) The date proposed by the liquidator and approved by the court to cancel cov-
erage.
(b) An order or liquidation under Code Section 33-37-17 shall terminate coverages at the time specified in subsection (a) of this Code section for purposes of any other statute.
(c) Policies of life or accident and sickness insurance or annuities shall continue in force for such period and under such terms as is provided for by any applicable guaranty association or foreign guaranty association.
(d) Policies of life or accident and sickness insurance or annuities or any period or coverage of such policies not covered by a guaranty association or foreign guaranty asso-
ciation shall terminate under subsections (a) and (b) of this Code section. 33-37-19. The Commissioner may petition for an order dissolving the corporate exis-
tence of a domestic insurer or the United States branch of an alien insurer domiciled in this state at the time he applies for a liquidation order. The court shall order dissolu-
tion of the corporation upon petition by the Commissioner upon or after the granting of a liquidation order. If the dissolution has not previously been ordered, it shall be effected by operation of law upon the discharge of the liquidator if the insurer is insol-
vent but may be ordered by the court upon the discharge of the liquidator if the insurer is under a liquidation order for some other reason.
33-37-20. (a) The liquidator shall have the power: (1) To appoint a special deputy or deputies to act for him under this chapter and
to determine his reasonable compensation. The special deputy shall have all powers of the liquidator granted by this Code section. The special deputy shall serve at the pleasure of the liquidator;
(2) To employ employees and agents, actuaries, accountants, appraisers, consul-
tants, and such other personnel as he may deem necessary to assist in the liquidation; (3) To appoint, with the approval of the court, an advisory committee of policy-
holders, claimants, or other creditors including guaranty associations should such a committee be deemed necessary. Such committee shall serve at the pleasure of the Commissioner and shall serve without compensation other than reimbursement for
reasonable travel and per diem living expenses. No other committee of any nature shall be appointed by the Commissioner or the court in liquidation proceedings conducted under this chapter;
(4) To fix the reasonable compensation of employees and agents, actuaries, accountants, appraisers, and consultants with the approval of the court;

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(5) To pay reasonable compensation to persons appointed and to defray from the funds or assets of the insurer all expenses of taking possession of, conserving, conducting, liquidating, disposing of, or otherwise dealing with the business and property of the insurer. In the event that the property of the insurer does not contain sufficient cash or liquid assets to defray the costs incurred, the Commissioner may advance the costs so incurred out of any appropriation for the maintenance of the insurance department. Any amounts so advanced for expenses of administration shall be repaid to the Commissioner for the use of the insurance department out of the first available moneys of the insurer;
(6) To hold hearings, to subpoena witnesses to compel their attendance, to administer oaths, to examine any person under oath, and to compel any person to subscribe to his testimony after it has been correctly reduced to writing and, in connection therewith, to require the production of any books, papers, records, or other documents which he deems relevant to the inquiry;
(7) To audit the books and records of all agents of the insurer insofar as those records relate to the business activities of the insurer;
(8) To collect all debts and moneys due and claims belonging to the insurer,
wherever located, and for this purpose: (A) To institute timely action in other jurisdictions, in order to forestall garnish-
ment and attachment proceedings against such debts;
(B) To do such other acts as are necessary or expedient to collect, conserve, or protect its assets or property, including the power to sell, compound, compromise,
or assign debts for purposes of collection upon such terms and conditions as he deems best; and
(C) To pursue any creditor's remedies available to enforce his claims;
(9) To conduct public and private sales of the property of the insurer; (10) To use assets of the estate of an insurer under a liquidation order to transfer
policy obligations to a solvent assuming insurer, if the transfer can be arranged without prejudice to applicable priorities under Code Section 33-37-41;
(11) To acquire, hypothecate, encumber, lease, improve, sell, transfer, abandon, or otherwise dispose of or deal with any property of the insurer at its market value or
upon such terms and conditions as are fair and reasonable. He shall also have power to execute, acknowledge, and deliver any and all deeds, assignments, releases, and
other instruments necessary or proper to effectuate any sale of property or other transaction in connection with the liquidation;
(12) To borrow money on the security of the insurer's assets or without such secu-
rity and to execute and deliver all documents necessary to that transaction for the purpose of facilitating the liquidation. Any such funds borrowed may be repaid as an
administrative expense and have priority over any other claims in Class 1 under the priority of distribution;
(13) To enter into such contracts as are necessary to carry out the order to liquidate and to affirm or disavow any contracts to which the insurer is a party;
(14) To continue to prosecute and to institute in the name of the insurer or in his own name any and all suits and other legal proceedings, in this state or elsewhere, and
to abandon the prosecution of claims he deems unprofitable to pursue further. If the insurer is dissolved under Code Section 33-37-19, he shall have the power to apply to any court in this state or elsewhere for leave to substitute himself for the insurer as
plaintiff; (15) To prosecute any action which may exist in behalf of the creditors, members,
policyholders, or shareholders of the insurer against any officer of the insurer or any
other person; (16) To remove any or all records and property of the insurer to the offices of the
Commissioner or to such other place as may be convenient for the purposes of efficient and orderly execution of the liquidation. Guaranty associations and foreign guar-
anty associations shall have such reasonable access to the records of the insurer as is necessary for them to carry out their statutory obligations;
(17) To deposit in one or more banks in this state such sums as are required for
meeting current administration expenses and dividend distributions;

WEDNESDAY, MARCH 6, 1991

1827

(18) To invest all sum8 not currently needed, unless the court orders otherwise; (19) To file any necessary documents for record in the office of the clerk of the superior court or any other recorder of deeds or record office in this state or elsewhere where property of the insurer is located; (20) To assert all defenses available to the insurer as against third persons, including statutes of limitation, statutes of frauds, and the defense of usury. A waiver of any defense by the insurer after a petition in liquidation has been filed shall not bind the liquidator. Whenever a guaranty association or foreign guaranty association has an obligation to defend any suit, the liquidator shall give precedence to such obligation and may defend only in the absence of a defense by such guaranty associations; (21) To exercise and enforce all the rights, remedies, and powers of any creditor, shareholder, policyholder, or member, including any power to avoid any transfer or lien that may be given by the general law and that is not included within Code Sections 33-37-25 through 33-37-27; (22) To intervene in any proceeding wherever instituted that might lead to the appointment of a receiver or trustee and to act as the receiver or trustee whenever the appointment is offered; (23) To enter into agreements with any receiver or commissioner of any other state relating to the rehabilitation, liquidation, conservation, or dissolution of an insurer doing business in both states; and (24) To exercise all powers now held or hereafter conferred upon receivers by the laws of this state not inconsistent with the provisions of this chapter. (b) (1) If a company placed in liquidation issued liability policies on a claims made basis, which provided an option to purchase an extended period to report claims, then the liquidator may make available to holders of such policies, for a charge, an extended period in which to report claims. The extended reporting period shall be made available only to those insureds who are unable to secure substitute coverage at a cost not in excess if that charged by the liquidator. The extended period made available by the liquidator shall begin upon termination of any extended period to report claims in the basic policy and shall end at the earlier of the final date for filing of claims in the liquidation proceeding or 18 months from the order of liquidation. (2) The extended period to report claims made available by the liquidator shall be subject to the terms of the policy to which it relates. The liquidator shall make available such extended period within 60 days after the order of liquidation at a charge to be determined by the liquidator subject to approval of the court. Such offer shall be deemed rejected unless the offer is accepted in writing and the charge is paid within 90 days after the order of liquidation. No commissions, premium taxes, assessments, or other fees shall be due on the charge pertaining to the extended period to reports claims. (c) The enumeration, in this Code section, of the powers and authority of the liquidator shall not be construed as a limitation upon him, nor shall it exclude in any manner his right to do such other acts not specifically enumerated or otherwise provided, as may be necessary or appropriate for the accomplishment of or in aid of the purpose of liquidation. (d) Notwithstanding the powers of the liquidator as stated in subsections (a) and (b) of this Code section, the liquidator shall have no obligation to defend claims or to continue to defend claims subsequent to the entry of a liquidation order.
33-37-21. (a) Unless the court otherwise directs, the liquidator shall give or cause to be given notice of the liquidation order as soon as possible:
(1) By first-class mail and either by telegram or telephone to the commissioner of insurance of each jurisdiction in which the insurer is doing business;
(2) By first-class mail to any guaranty association or foreign guaranty association which is or may become obligated as a result of the liquidation;
(3) By first-class mail to all insurance agents of the insurer;
(4) By first-class mail to all persons known or reasonably expected to have claims against the insurer, including all policyholders, at their last known address as indicated by the records of the insurer; and

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(5) By publication in a newspaper of general circulation in the county in which the insurer has its principal place of business and in such other locations as the liquidator deems appropriate. (b) Notice to potential claimants under subsection (a) of this Code section shall require claimants to file with the liquidator their claims together with proper proofs thereof under Code Section 33-37-35, on or before a date the liquidator shall specify in the notice. Although an earlier date may be set by the liquidator, the last day to file claims shall be no later than 18 months following the order of liquidation. The liquidator need not require persons claiming cash surrender values or other investment values in life insurance and annuities to file a claim. All claimants shall have a duty to keep the liquidator informed of any changes of address. (c) (1) Notice under subsection (a) of this Code section to agents of the insurer and to potential claimants who are policyholders shall include, where applicable, notice that coverage by state guaranty associations may be available for all or part of policy benefits in accordance with applicable state guaranty laws.
(2) The liquidator shall promptly provide to the guaranty associations such information concerning the identities and addresses of such policyholders and their policy coverages as may be within the liquidator's possession or control and otherwise cooperate with guaranty associations to assist them in providing to such policyholders timely notice of the guaranty associations' coverage of policy benefits, including, as applicable, coverage of claims and continuation or termination of coverages.
(d) If notice is given in accordance with this Code section, the distribution of assets of the insurer under this chapter shall be conclusive with respect to all claimants, whether or not they received notice.
33-37-22. (a) Every person who receives notice in the form prescribed in Code Section 33-37-21 that an insurer which he represents as an agent is the subject of a liquidation order, shall within 30 days of such notice provide to the liquidator, in addition to the information he may be required to provide pursuant to Code Section 33-37-6, the information in the agent's records related to any policy issued by the insurer through the agent and, if the agent is a general agent, the information in the general agent's record related to any policy issued by the insurer through an agent under contract to him, including the name and address of such subagent. A policy shall be deemed issued through an agent if the agent has a property interest in the expiration of the policy or if the agent has had in his possession a copy of the declarations of the policy at any time during the life of the policy, except where the ownership of the expiration of the policy has been transferred to another.
(b) Any agent failing to provide information to the liquidator as required in subsection (a) of this Code section may be subject to payment of a penalty of not more than $1,000.00 and may have his licenses suspended, said penalty to be imposed after a hearing held by the Commissioner.
33-37-23. (a) Upon issuance of an order appointing a liquidator of a domestic insurer or of an alien insurer domiciled in this state, no action at law or equity or in arbitration shall be brought against the insurer or liquidator, whether in this state or elsewhere, nor shall any such existing actions be maintained or further presented after issuance of such order. The courts of this state shall give full faith and credit to injunctions against the liquidator or the company or the continuation of existing actions against the liquidator or the company, when such injunctions are included in an order to liquidate an insurer issued pursuant to corresponding provisions in other states. Whenever, in the liquidator's judgment, protection of the estate of the insurer necessitates intervention in an action against the insurer that is pending outside this state, he may intervene in the action. The liquidator may defend any action in which he intervenes under this Code section at the expense of the estate of the insurer.
(b) The liquidator may, upon or after an order for liquidation, within two years or such other longer time as applicable law may permit, institute an action or proceeding on behalf of the estate of the insurer upon any cause of action against which the period of limitation fixed by applicable law has not expired at the time of the filing of the petition upon which such order is entered. Where, by any agreement, a period of limitation

WEDNESDAY, MARCH 6, 1991

1829

is fixed for instituting a suit or proceeding upon any claim, or for filing any claim, proof of claim, proof of loss, demand, notice, or the like or where in any proceeding, judicial or otherwise, a period of limitation is fixed, either in the proceeding or by applicable law, for taking any action, filing any claim or pleading, or doing any act and where in any such case the period had not expired at the date of the filing of the petition, the liquidator may, for the benefit of the estate, take any such action or do any such act required of or permitted to the insurer within a period of 180 days subsequent to the entry of an order for liquidation or within such further period as is shown to the satisfaction of the court not to be unfairly prejudicial to the other party.
(c) No statute of limitation or defense of laches shall run with respect to any action against an insurer between the filing of a petition for liquidation against an insurer and the denial of the petition. Any action against the insurer that might have been commenced when the petition was filed may be commenced for at least 60 days after the petition is denied.
(d) Any guaranty association or foreign guaranty association shall have standing to
appear in any court proceeding concerning the liquidation of an insurer if such associa-
tion is or may become liable to act as a result of the liquidation. 33-37-24. (a) As soon as practicable after the liquidation order but not later than
120 days thereafter, the liquidator shall prepare in duplicate a list of the insurer's assets.
The list shall be amended or supplemented from time to time as the liquidator may determine. One copy shall be filed in the office of the clerk of the superior court and
one copy shall be retained for the liquidator's files. All amendments and supplements shall be similarly filed.
(b) The liquidator shall reduce the assets to a degree of liquidity that is consistent
with the effective execution of the liquidation. (c) A submission to the court for disbursement of assets in accordance with Code
Section 33-37-33 fulfills the requirements of subsection (a) of this Code section. 33-37-25. (a) Every transfer made or suffered and every obligation incurred by an
insurer within one year prior to the filing of a successful petition for rehabilitation or
liquidation under this chapter is fraudulent as to then existing and future creditors if made or incurred without fair consideration or with actual intent to hinder, delay, or
defraud either existing or future creditors. A transfer made or an obligation incurred by an insurer ordered to be rehabilitated or liquidated under this chapter which is fraudu-
lent under this Code section may be avoided by the receiver, except as to a person who in good faith is a purchaser, lienor, or obligee for a present fair equivalent value, and
except that any purchaser, lienor, or obligee, who in good faith has given a consideration less than fair for such transfer, lien, or obligation, may retain the property, lien, or obli-
gation as security for repayment. The court may, on due notice, order any such transfer or obligation to be preserved for the benefit of the estate, and, in that event, the
receiver shall succeed to and may enforce the rights of the purchaser, lienor, or obligee. (b) (1) A transfer of property other than real property shall be deemed to be made
or suffered when it becomes so far perfected that no subsequent lien obtainable by legal or equitable proceedings on a simple contract could become superior to the rights
of the transferee under subsection (c) of Code Section 33-37-27. (2) A transfer of real property shall be deemed to be made or suffered when it
becomes so far perfected that no subsequent bona fide purchaser from the insurer
could obtain rights superior to the rights of the transferee. (3) A transfer which creates an equitable lien shall not be deemed to be perfected
if there are available means by which a legal lien could be created. (4) Any transfer not perfected prior to the filing of a petition for liquidation shall
be deemed to be made immediately before the filing of the successful petition. (5) The provisions of this subsection apply whether or not there are or were credi-
tors who might have obtained any liens or persons who might have become bona fide purchasers. (c) Any transaction of the insurer with a reinsurer shall be deemed fraudulent and
may be avoided by the receiver under subsection (a) of this Code section if: (1) The transaction consists of the termination, adjustment, or settlement of a
reinsurance contract in which the reinsurer is released from any part of its duty to

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JOURNAL OF THE HOUSE,

pay the originally specified share of losses that had occurred prior to the time of the transactions, unless the reinsurer gives a present fair equivalent value for the release; and
(2) Any part of the transaction took place within one year prior to the date of filing of the petition through which the receivership was commenced,
(d) Every person receiving any property from the insurer or any benefit thereof which is a fraudulent transfer under subsection (a) of this Code section shall be personally liable therefor and shall be bound to account to the liquidator.
33-37-26. (a) After a petition for rehabilitation or liquidation has been filed, a transfer of any of the real property of the insurer made to a person acting in good faith shall be valid against the receiver if made for a present fair equivalent value or, if not made for a present fair equivalent value, then to the extent of the present consideration actually paid therefor, for which amount the transferee shall have a lien on the property so transferred. The commencement of a proceeding in rehabilitation or liquidation shall be constructive notice upon the recording of a copy of the petition for or order of rehabilitation or liquidation with the recorder of deeds in the county where any real property in question is located. The exercise by a court of the United States or any state or jurisdiction to authorize or effect a judicial sale of real property of the insurer within any county in any state shall not be impaired by the pendency of such a proceeding unless the copy is recorded in the county prior to the consummation of the judicial sale.
(b) After a petition for rehabilitation or liquidation has been filed and before either the receiver takes possession of the property of the insurer or an order of rehabilitation or liquidation is granted:
(1) A transfer of any of the property of the insurer, other than real property, made to a person acting in good faith shall be valid against the receiver if made for a present fair equivalent value or, if not made for a present fair equivalent value, then to the extent of the present consideration actually paid therefor, for which amount the transferee shall have a lien on the property so transferred;
(2) A person indebted to the insurer or holding property of the insurer may, if acting in good faith, pay the indebtedness or deliver the property, or any part thereof, to the insurer or upon his order, with the same effect as if the petition were not pending;
(3) A person having actual knowledge of the pending rehabilitation or liquidation shall be deemed not to act in good faith; and
(4) A person asserting the validity of a transfer under this Code section shall have the burden of proof. Except as elsewhere provided in this Code section, no transfer by or on behalf of the insurer after the date of the petition for liquidation by any person other than the liquidator shall be valid against the liquidator.
(c) Every person receiving any property from the insurer or any benefit thereof which is a fraudulent transfer under subsection (a) of this Code section shall be personally liable therefor and shall be bound to account to the liquidator.
(d) Nothing in this chapter shall impair the negotiability of currency or negotiable instruments.
33-37-27. (a) (1) A preference is a transfer of any of the property of an insurer to
or for the benefit of a creditor for or on account of an antecedent debt made or suf-
fered by the insurer within one year before the filing of a successful petition for liqui-
dation under this chapter, the effect of which transfer may be to enable the creditor
to obtain a greater percentage of this debt than another creditor of the same class
would receive. If a liquidation order is entered while the insurer is already subject to
a rehabilitation order, then such transfers shall be deemed preferences if made or suf-
fered within one year before the filing of the successful petition for rehabilitation or
within two years before the filing of the successful petition for liquidation, whichever
time is shorter.
(2) Any preference may be avoided by the liquidator if:
(A) The insurer was insolvent at the time of the transfer;
(B) The transfer was made within four months before the filing of the petition;

WEDNESDAY, MARCH 6, 1991

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(C) The creditor receiving it or to be benefited thereby or his agent acting with reference thereto had, at the time when the transfer was made, reasonable cause to believe that the insurer was insolvent or was about to become insolvent; or
(D) The creditor receiving it was an officer, any employee, attorney, or other person who was in fact in a position of comparable influence on the insurer to an officer whether or not he held such position or any shareholder holding directly or indirectly more than 5 percent of any class of any equity security issued by the insurer or any other person, firm, corporation, association, or aggregation of persons with whom the insurer did not deal at arm's length. (3) Where the preference is voidable, the liquidator may recover the property or, if it has been converted, its value from any person who has received or converted the property, except where a bona fide purchaser or lienor has given less than fair equivalent value he shall have a lien upon the property to the extent of the consideration actually given by him. Where a preference by way of lien or security title is voidable, the court may on due notice order the lien or title to be preserved for the benefit of the estate in which event the lien or title shall pass to the liquidator.
(b) (1) A transfer of property other than real property shall be deemed to be made or suffered when it becomes so far perfected that no subsequent lien obtainable by
legal or equitable proceedings on a simple contract could become superior to the rights of the transferee.
(2) A transfer of real property shall be deemed to be made or suffered when it becomes so far perfected that no subsequent bona fide purchaser from the insurer could obtain rights superior to the rights of the transferee.
(3) A transfer which creates an equitable lien shall not be deemed to be perfected if there are available means by which a legal lien could be created.
(4) A transfer not perfected prior to the filing of a petition for liquidation shall
be deemed to be made immediately before the filing of the successful petition. (5) The provisions of this subsection apply whether or not there are or were credi-
tors who might have obtained liens or persons who might have become bona fide purchasers.
(c) (1) A lien obtainable by legal or equitable proceedings upon a simple contract is one arising in the ordinary course of such proceedings upon the entry or docketing of a judgment or decree or upon attachment, garnishment, execution, or like process
whether before, upon, or after judgment or decree and whether before or upon levy. It does not include liens which under applicable law are given a special priority over other liens which are prior in time.
(2) A lien obtainable by legal or equitable proceedings could become superior to the rights of a transferee, or a purchaser could obtain rights superior to the rights of a transferee within the meaning of subsection (b) of this Code section if such conse-
quences would follow only from the lien or purchase itself or from the lien or purchase followed by any step wholly within the control of the respective lienholder or pur-
chaser with or without the aid of ministerial action by public officials. Such a lien could not, however, become superior and such a purchase could not create superior rights for the purpose of subsection (b) of this Code section through any acts subse-
quent to the obtaining of such a lien or subsequent to such a purchase which require
the agreement or concurrence of any third party or which require any further judicial action or ruling.
(d) A transfer of property for or on account of a new and contemporaneous consideration which is deemed under subsection (b) of this Code section to be made or suffered after the transfer because of delay in perfecting it does not thereby become a transfer
for or on account of an antecedent debt if any acts required by the applicable law to
be performed in order to perfect the transfer as against liens or bona fide purchasers' rights are performed within 21 days or any period expressly allowed by the law, which-
ever is less. A transfer to secure a future loan, if such a loan is actually made, or a transfer which becomes security for a future loan shall have the same effect as a transfer for or on account of a new and contemporaneous consideration.
(e) If any lien deemed voidable under paragraph (2) of subsection (a) of this Code section has been dissolved by the furnishing of a bond or other obligation, the surety

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on which has been indemnified directly or indirectly by the transfer of or the creation of a lien upon any property of an insurer before the filing of a petition under this chapter which results in a liquidation order, the indemnifying transfer or lien shall also be deemed voidable.
(f) The property affected by any lien deemed voidable under subsections (a) and (e) of this Code section shall be discharged from such lien, and that property and any of the indemnifying property transferred to or for the benefit of a surety shall pass to the liquidator, except that the court may on due notice order any such lien to be preserved for the benefit of the estate and the court may direct that such conveyance be executed as maybe proper or adequate to evidence the title of the liquidator.
(g) The superior court shall have summary jurisdiction of any proceeding by the liquidator to hear and determine the rights of any parties under this Code section. Reasonable notice of any hearing in the proceeding shall be given to all parties in interest, including the obligee of a releasing bond or other like obligation. Where an order is entered for the recovery of indemnifying property in kind or for the avoidance of an indemnifying lien, the court, upon application of any party in interest, shall in the same proceeding ascertain the value of the property or lien, and if the value is less than the amount for which the property is indemnity or than the amount of the lien, the transferee or lienholder may elect to retain the property or lien upon payment of its value, as ascertained by the court, to the liquidator within such reasonable times as the court shall fix.
(h) The liability of the surety under a releasing bond or other like obligation shall be discharged to the extent of the value of the indemnifying property recovered or the indemnifying lien nullified and avoided by the liquidator or where the property is retained under subsection (g) of this Code section to the extent of the amount paid to the liquidator.
(i) If a creditor has been preferred and afterward in good faith gives the insurer further credit without security of any kind for property which becomes a part of the insurer's estate, the amount of the new credit remaining unpaid at the time of the petition may be setoff against the preference which would otherwise be recoverable from him.
(j) If an insurer shall, directly or indirectly, within four months before the filing of a successful petition for liquidation under this chapter, or at any time in contemplation of a proceeding to liquidate it, pay money or transfer property to an attorney for services rendered or to be rendered, the transactions may be examined by the court on its own motion or shall be examined by the court on petition of the liquidator and shall be held valid only to the extent of a reasonable amount to be determined by the court, and the excess may be recovered by the liquidator for the benefits of the estate, provided that where the attorney is in a position of influence in the insurer or an affiliate thereof, payment of any money or the transfer of any property to the attorney for services rendered or to be rendered shall be governed by the provision of subparagraph (a)(2)(D) of this Code section.
(k) (1) Every officer, manager, employee, shareholder, member, subscriber, attorney or any other person acting on behalf of the insurer who knowingly participates in giving any preference when he has reasonable cause to believe the insurer is or is about to become insolvent at the time of the preference shall be personally liable to the liquidator for the amount of the preference. It is permissible to infer that there is a reasonable cause to so believe if the transfer was made within four months before the date of filing of this successful petition for liquidation.
(2) Every person receiving any property from the insurer or the benefit thereof as a preference voidable under subsection (a) of this Code section shall be personally liable therefor and shall be bound to account to the liquidator.
(3) Nothing in this subsection shall prejudice any other claim by the liquidator against any person.
33-37-28. (a) No claims of a creditor who has received or acquired a preference, lien, conveyance, transfer, assignment, or encumbrance voidable under this chapter shall be allowed unless he surrenders the preference, lien, conveyance, transfer, assignment,

WEDNESDAY, MARCH 6, 1991

1833

or encumbrance. If the avoidance is effected by a proceeding in which a final judgment has been entered, the claim shall not be allowed unless the money is paid or the property is delivered to the liquidator within 30 days from the date of the entering of the final judgment, except that the court having jurisdiction over the liquidation may allow further time if there is an appeal or other continuation of the proceeding.
(b) A claim allowable under subsection (a) of this Code section by reason of the avoidance, whether voluntary or involuntary, a preference, lien, conveyance, transfer, assignment, or encumbrance, may be filed as an excused last filing under Code Section 33-37-34 if filed within 30 days from the date of the avoidance, or within the further time allowed by the court under subsection (a) of this Code section.
33-37-29. (a) In all cases of mutual debts or mutual credits between the insurer and another person in connection with any action or proceeding under this chapter, such credits and debts shall be setoff and the balance only shall be allowed or paid, except as provided in subsection (b) of this Code section.
(b) No setoff shall be allowed in favor of any person where: (1) The obligation of the insurer to the person would not, at the date of the entry
of any liquidation order or otherwise, as provided in Code Section 33-37-17, entitle him to share as a claimant in the assets of the insurer;
(2) The obligation of the insurer to the person was purchased by or transferred to the person with a view of its being used as a setoff; or
(3) The obligation of the person is to pay an assessment levied against the members of a mutual insurer or against the subscribers of a reciprocal insurer or is to pay a balance upon the subscription to the capital stock of a stock insurer. 33-37-30. (a) As soon as practicable but not more than two years from the date of an order of liquidation under Code Section 33-37-17 of an insurer issuing assessable policies, the liquidator shall make a report to the court setting forth:
(1) The reasonable value of the assets of the insurer; (2) The insurer's probable total liabilities; (3) The probable aggregate amount of the assessment necessary to pay all claims of creditors and expenses in full, including expenses of administration and costs of collecting the assessment; and (4) A recommendation as to whether or not an assessment should be made and in what amount.
(b) (1) Upon the basis of the report provided in subsection (a) of this Code section, including any supplements and amendments thereto, the superior court may levy one or more assessments against all members of the insurer who are subject to assessment;
(2) Subject to any applicable legal limits on assessability, the aggregate assessment shall be for the amount that the sum of the probable liabilities, the expenses of administration, and the estimated cost of collection of the assessment, exceeds the value of existing assets, with due regard being given to assessments that cannot be collected economically.
(c) After levy of assessment under subsection (b) of this Code section, the liquidator shall issue an order directing each member who has not paid the assessment pursuant to the order, to show cause why the liquidator should not pursue a judgment therefor.
(d) The liquidator shall give notice of the order to show cause by publication and by first-class mail to each member liable thereunder mailed to his last known address as it appears on the insurer's records, at least 20 days before the return date of the order to show cause.
(e) (1) If a member does not appear and serve duly verified objections upon the liquidator on or before the return date of the order to show cause under subsection (c) of this Code section, the court shall make an order adjudging the member liable for the amount of the assessment against him pursuant to subsection (c) of this Code section, together with costs, and the liquidator shall have a judgment against the member therefor.
(2) If on or before such return date the member appears and serves duly verified objections upon the liquidator, the Commissioner may hear and determine the matter or may appoint a referee to hear it and make such order as the facts warrant. In the

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event that the Commissioner determines that such objections do not warrant relief from assessment, the member may request the court to review the matter and vacate the order to show cause. (f) The liquidator may enforce any order or collect any judgment under subsection (e) of this Code section by any lawful means. 33-37-31. The amount recoverable by the liquidator from reinsurers shall not be reduced as a result of the delinquency proceedings regardless of any provision in the reinsurance contract or other agreement. Payment made directly to an insured or other creditor shall not diminish the reinsurer's obligation to the insurer's estate except when the reinsurance contract provided for direct coverage of a named insured and the payment was made in discharge of that obligation. 33-37-32. (a) (1) An agent, broker, premium finance company, or any other person, other than the insured, responsible for the payment of a premium shall be obligated to pay any unpaid premium for the full policy term due the insurer at the time of the declaration of insolvency, whether earned or unearned, as shown on the records of the insurer. The liquidator shall also have the right to recover from such person any part of an unearned premium that represents commission of such person. Credits or setoffs or both shall not be allowed to an agent, broker, or premium finance com-
pany for any amounts advanced to the insurer by the agent, broker, or premium finance company on behalf of, but in the absence of a payment by, the insured.
(2) An insured shall be obligated to pay any unpaid earned premium due the insurer at the time of the declaration of insolvency, as shown on the records of the
insurer. (b) Upon satisfactory evidence of a violation of this Code section, the Commissioner may pursue either one or both of the following courses of action:
(1) Suspend, revoke, or refuse to renew the licenses of such offending party or parties; or
(2) Impose a penalty of not more than $5,000.00 for each and every act in violation
of this Code section by said party or parties. (c) Before the Commissioner shall take any action as provided in subsection (b) of this Code section, written notice shall be provided to the person, company, association,
or exchange accused of violating the law, stating specifically the nature of the alleged violation and fixing a time and place, at least ten days thereafter, when a hearing on
the matter shall be held. After such hearing, or upon failure of the accused to appear at such hearing, the Commissioner, if he shall find such violation, shall impose such of
the penalties under subsection (b) of this Code section as he deems advisable. (d) When the Commissioner shall take action in any or all of the ways set out in
subsection (b) of this Code section, the party aggrieved may appeal from said action to
the superior court. 33-37-33. (a) Within 120 days of a final determination of insolvency of an insurer
by a court of competent jurisdiction of this state, the liquidator shall make application to the court for approval of a proposal to disburse assets out of marshalled assets, from
time to time as such assets become available, to a guaranty association or foreign guaranty association having obligations because of such insolvency. If the liquidator deter-
mines that there are insufficient assets to disburse, the application required by this Code section shall be considered satisfied by a filing by the liquidator stating the reasons for this determination.
(b) Such proposal shall at least include provisions for: (1) Reserving amounts for the payment of expenses of administration and the pay-
ment of claims of secured creditors, to the extent of the value of the security held, and claims falling within the priorities established in Classes 1 and 2 as provided in
Code Section 33-37-41; (2) Disbursement of the assets marshalled to date and subsequent disbursement of
assets as they become available; (3) Equitable allocation of disbursements to each of the guaranty associations and
foreign guaranty associations entitled thereto; (4) The securing by the liquidator from each of the associations entitled to dis-
bursements pursuant to this Code section of an agreement to return to the liquidator

WEDNESDAY, MARCH 6, 1991

1835

such assets, together with income earned on assets previously disbursed, as may be required to pay claims of secured creditors and claims falling within the priorities established in Code Section 33-37-41 in accordance with such priorities. No bond shall be required of any such association; and
(5) A full report to be made by each association to the liquidator accounting for all assets so disbursed to the association, all disbursements made therefrom, any interest earned by the association on such assets, and any other matter as the court may
direct. (c) The liquidator's proposal shall provide for disbursements to the associations in amounts estimated at least equal to the claim payments under or to be made thereby for which such associations could assert a claim against the liquidator and shall further provide that if the assets available for disbursement from time to time do not equal or exceed the amount of such claim payments made or to be made by the association then disbursements shall be in the amount of available assets. (d) The liquidator's proposal shall, with respect to an insolvent insurer writing life or accident and sickness insurance or annuities, provide for disbursements of assets to any guaranty association or any foreign guaranty association covering life or accident and sickness insurance or annuities or to any other entity or organization reinsuring, assuming, or guaranteeing policies or contracts of insurance under the acts creating such associations. (e) Notice of such application shall be given to the association in and to the commissioners of insurance of each of the states. Any such notice shall be deemed to have been given when deposited in the United States certified mails, first-class postage prepaid, at least 30 days prior to submission of such application to the court. Action on the application may be taken by the court provided the above-required notice has been given and, provided further that the liquidator's proposal complies with paragraphs (1) and (2) of subsection (b) of this Code section. 33-37-34. (a) Proof of all claims shall be filed with the liquidator in the form required by Code Section 33-37-35 on or before the last day for filing specified in the notice required under Code Section 33-37-21, except that proof of claims for cash surrender values or other investment values in life insurance and annuities need not be filed unless the liquidator expressly so requires. (b) The liquidator may permit a claimant making a late filing to share in distributions, whether past or future, as if he were not late, to the extent that any such payment will not prejudice the orderly administration of the liquidation, under the following circumstances:
(1) The existence of the claim was not known to the claimant and that he filed his claim as promptly thereafter as reasonably possible after learning of it;
(2) A transfer to a creditor was avoided under Code Sections 33-37-25 through 33-37-27 or was voluntarily surrendered under Code Section 33-37-28, and that the filing satisfies the conditions of Code Section 33-37-28; and
(3) The valuation under Code Section 33-37-40, of security held by a secured creditor shows a deficiency, which is filed within 30 days after the valuation.
(c) The liquidator shall permit late filing claims to share in distributions, whether past or future, as if they were not late, if such claims are claims of a guaranty association or foreign guaranty association for reimbursement of covered claims paid or expenses incurred, or both, subsequent to the last day for filing where such payments were made and expenses incurred as provided by law.
(d) The liquidator may consider any claim filed late which is not covered by subsection (b) of this Code section and permit it to receive distributions which are subsequently declared on any claims of the same or lower priority if the payment does not prejudice the orderly administration of the liquidation. The late-filing claimant shall receive, at each distribution, the same percentage of the amount allowed on his claim as is then being paid to claimants of any lower priority. This shall continue until his claim has been paid in full.
33-37-35. (a) Proof of claim shall consist of a statement signed by the claimant that includes all of the following that are applicable:

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(1) The particulars of the claim including the consideration given for it; (2) The identity and amount of the security on the claim; (3) The payments made on the debt, if any; (4) That the sum claimed is justly owing and that there is no setoff, counterclaim, or defense to the claim; (5) Any right of priority of payment or other specific right asserted by the claimants; (6) A copy of the written instrument which is the foundation of the claim; and (7) The name and address of the claimant and the attorney who represents him, if any. (b) No claim need be considered or allowed if it does not contain all the information in subsection (a) of this Code section which may be applicable. The liquidator may require that a prescribed form be used, and may require that other information and documents be included. (c) At any time the liquidator may request the claimant to present information or evidence supplementary to that required under subsection (a) of this Code section and may take testimony under oath, require production of affidavits or depositions, or otherwise obtain additional information or evidence. (d) No judgment or order against an insured or the insurer entered after the date of filing of a successful petition for liquidation, and no judgment or order against an insured or the insurer entered at any time by default or by collusion need be considered as evidence of liability or of quantum of damages. No judgment or order against an insured or the insurer entered within four months before the filing of the petition need be considered as evidence of liability or of the quantum of damages. (e) All claims of a guaranty association or foreign guaranty association shall be in such form and contain such substantiation as may be agreed to by the association and the liquidator. 33-37-36. (a) The claim of a third party which is contingent only on his first obtaining a judgment against the insured shall be considered and allowed as if there were no such contingency.
(b) A claim may be allowed, even if contingent, if it is filed in accordance with Code Section 33-37-34. It may be allowed and may participate in all distributions declared after it is filed to the extent that it does not prejudice the orderly administration of the liquidation.
(c) Claims that are due except for the passage of time shall be treated as absolute claims are treated, except that such claims may be discounted at the legal rate of interest.
(d) Claims made under employment contracts by directors, principal officers, or persons in fact performing similar functions or having similar powers are limited to payment for services rendered prior to the issuance of any order of rehabilitation or liquidation under Code Section 33-37-12 or 33-37-17.
33-37-37. (a) Whenever any third party asserts a cause of action against an insured of an insurer in liquidation, the third party may file a claim with the liquidator.
(b) Whether or not the third party files a claim, the insured may file a claim on his own behalf in the liquidation. If the insured fails to file a claim by the date for filing claims specified in the order of liquidation or within 60 days after mailing of the notice required by Code Section 33-37-21, whichever is later, he is an unexcused late filer.
(c) The liquidator shall make his recommendations to the court under Code Section 33-37-41 for the allowance of an insured's claim under subsection (b) of this Code section after consideration of the probable outcome of any pending action against the insured on which the claim is based, the probable damages recoverable in the action and the probable costs and expenses of defense. After allowance by the court, the liquidator shall withhold any dividends payable on the claim pending the outcome of litigation and negotiation with the insured. Whenever it seems appropriate, he shall reconsider the claim on the basis of additional information and amend his recommendations to the court. The insured shall be afforded the same notice and opportunity to be heard on all changes in the recommendation as in its initial determination. The court may amend

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1837

its allowance as it thinks appropriate. As claims against the insured are settled or barred, the insured shall be paid from the amount withheld the same percentage dividend as was paid on other claims of like property based on the lesser of the amount actually recovered from the insured by action or paid by agreement plus the reasonable costs and expense of defense or the amount allowed on the claims by the court. After all claims are settled or barred, any sum remaining from the amount withheld shall revert to the undistributed assets of the insurer. Delay in final payment under this subsection shall not be a reason for unreasonable delay of final distribution and discharge of the liquidator.
(d) If several claims founded upon one policy are filed, whether by third parties or as claims by the insured under this Code section, and the aggregate allowed amount of the claims to which the same limit of liability in the policy is applicable exceeds that limit, each claim as allowed shall be reduced in the same proportion so that the total equals the policy limit. Claims by the insured shall be evaluated as in subsection (c) of this Code section. If any insured's claim is subsequently reduced under subsection (c) of this Code section, the amount thus freed shall be apportioned ratably among the claims which have been reduced under this subsection.
(e) No claim may be presented under this Code section if it is or may be covered by any guaranty association or foreign guaranty association.
33-37-38. (a) When a claim is denied in whole or in part by the liquidator, written notice of the determination shall be given to the claimant or his attorney by first-class mail at the address shown in the proof of claim. Within 60 days from the mailing of the notice, the claimant may file his objections with the liquidator. If no such filing is made, the claimant may not further object to the determination.
(b) Whenever objections are filed with the liquidator and the liquidator does not alter his denial of the claim as a result of the objections, the liquidator shall ask the court for a hearing as soon as practicable and give notice of the hearing by first-class mail to the claimant or his attorney and to any other persons directly affected, not less than ten nor more than 30 days before the date of the hearing. The matter may be heard by the court or by a court appointed referee who shall submit findings of fact along with his recommendation.
33-37-39. Whenever a creditor whose claim against an insurer is secured, in whole or in part, by the undertaking of another person fails to prove and file that claim, the other person may do so in the creditor's name, and shall be subrogated to the rights of the creditor, whether the claim has been filed by the creditor or by the other person in the creditor's name, to the extent that he discharges the undertaking. In the absence of an agreement with the creditor to the contrary, the other person shall not be entitled to any distribution; however, until the amount paid to the creditor on the undertaking plus the distributions paid on the claim from the insurer's estate to the creditor equals the amount of the entire claim of the creditor. Any excess received by the creditor shall be held by him in trust for such other person. The term 'other person,' as used in this Code section, is not intended to apply to a guaranty association or foreign guaranty association.
33-37-40. (a) The value of any security held by a secured creditor shall be determined in one of the following ways, as the court may direct:
(1) By converting the same into money according to the terms of the agreement pursuant to which the security was delivered to such creditors; or
(2) By agreement, arbitration, compromise, or litigation between the creditor and the liquidator.
(b) The determination shall be under the supervision and control of the court with due regard for the recommendation of the liquidator. The amount so determined shall be credited upon the secured claim, and any deficiency shall be treated as an unsecured claim. If the claimant shall surrender his security to the liquidator, the entire claim shall be allowed as if unsecured.
33-37-41. The priority of distribution of claims from the insurer's estate shall be in accordance with the order as set forth in this Code section. Every claim in each class shall be paid in full or adequate funds retained for such payment before the members

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of the next class receive any payment. No subclasses shall be established within any class. The order of distribution of claims shall be:
(1) Class 1. The costs and expenses of administration during rehabilitation and liquidation, including, but not limited to, the following:
(A) The actual and necessary costs of preserving or recovering the assets of the insurer;
(B) Compensation for all authorized services rendered in the rehabilitation and liquidation;
(C) Any necessary filing fees; (D) The fees and mileage payable to witnesses; (E) Authorized reasonable attorney's fees and other professional services rendered in the rehabilitation and liquidation; and (F) The reasonable expenses of a guaranty association or foreign guaranty association for unallocated loss adjustment expenses; (2) Class 2. Reasonable compensation to employees for services performed to the extent that they do not exceed two months of monetary compensation and represent payment for services performed within one year before the filing of the petition for liquidation or, if rehabilitation preceded liquidation, within one year before the filing of the petition for rehabilitation. Principal officers and directors shall not be entitled to the benefit of this priority except as otherwise approved by the liquidator and the court. Such priority shall be in lieu of any other similar priority which may be authorized by law as to wages or compensation of employees; (3) Class 3. All claims under policies, including such claims of the federal or any state or local government for losses incurred, including third-party claims and all claims of a guaranty association or foreign guaranty association. All claims under life insurance and annuity policies, whether for death proceeds, annuity proceeds, or investment values shall be treated as loss claims, that portion of any loss, indemnification for which is provided by other benefits or advantages recovered by the claimant, shall not be included in this class other than benefits or advantages recovered or recoverable in discharge of familial obligation of support or by way of succession at death or as proceeds of life insurance or as gratuities. No payment by an employer to his employee shall be treated as a gratuity;
(4) Class 4. Claims under nonassessable policies for unearned premium or other premium refunds and claims of general creditors, including claims of ceding and assuming companies in their capacity as such;
(5) Class 5. Claims of the federal or any state or local government except those under Class 3. Claims, including those of any governmental body for a penalty or forfeiture, shall be allowed in this class only to the extent of the pecuniary loss sustained from the act, transaction, or proceeding out of which the penalty or forfeiture arose with reasonable and actual costs occasioned thereby. The remainder of such claims shall be postponed to the class of claims established under paragraph (8) of this Code section;
(6) Class 6. Claims filed late or any other claims other than claims under paragraphs (7) and (8) of this Code section;
(7) Class 7. Surplus or contribution notes or similar obligations and premium refunds on assessable policies. Payments to members of domestic mutual insurance companies shall be limited in accordance with law; and
(8) Class 8. The claims of shareholders or other owners in their capacity as shareholders.
33-37-42. (a) The liquidator shall review all claims duly filed in the liquidation and shall make such further investigation as he shall deem necessary. He may compound, compromise, or in any other manner negotiate the amount for which claims will be recommended to the court except where the liquidator is required by law to accept claims as settled by any person or organization, including any guaranty association or foreign guaranty association. Unresolved disputes shall be determined under Code Section 33-37-38. As soon as practicable, he shall present to the court a report of the claims against the insurer with his recommendations. The report shall include the name and

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address of each claimant and the amount of the claim finally recommended, if any. If the insurer has issued annuities or life insurance policies, the liquidator shall report the persons to whom, according to the records of the insurer, amounts are owed as cash surrender values or other investment value and the amounts owed.
(b) The court may approve, disapprove, or modify the report on claims by the liquidator. Such reports as are not modified by the court within a period of 60 days following submission by the liquidator shall be treated by the liquidator as allowed claims subject thereafter to later modification or to rulings made by the court pursuant to Code Section 33-37-38. No claim under a policy of insurance shall be allowed for an amount in excess of the applicable policy limits.
33-37-43. Under the direction of the court, the liquidator shall pay distributions in a manner that will assure the proper recognition of priorities and a reasonable balance between the expeditious completion of the liquidation and the protection of unliquidated and undetermined claims, including third-party claims. Distribution of assets in kind may be made at valuations set by agreement between the liquidator and the creditor and approved by the court.
33-37-44. (a) All unclaimed funds subject to distribution remaining in the liquidator's hands when he is ready to apply to the court for discharge, including the amount distributable to any creditor, shareholder, member, or other person who is unknown or cannot be found shall be maintained by the Commissioner and shall be paid without interest except in accordance with Code Section 33-37-41 to the person entitled thereto or his legal representative upon proof satisfactory to the Commissioner of his right thereto. Any amount on deposit not claimed within six years from the discharge of the liquidator shall be deemed to have been abandoned and shall be escheated without formal escheat proceedings and be deposited in the general fund of the state.
(b) All funds withheld under Code Section 33-37-36 and not distributed shall upon discharge of the liquidator be maintained by the Commissioner and paid by him in accordance with Code Section 33-37-41. Any sums remaining which under Code Section 33-37-41 would revert to the undistributed assets of the insurer shall be transferred to the general fund of the state under subsection (a) of this Code section, unless the Commissioner in his discretion petitions the court to reopen the liquidation under Code Section 33-37-46.
33-37-45. (a) When all assets justifying the expense of collection and distribution have been collected and distributed under this chapter, the liquidator shall apply to the court for discharge. The court may grant the discharge and make any other orders, including an order to transfer any remaining funds that are uneconomic to distribute as may be deemed appropriate.
(b) Any other person may apply to the court at any time for an order under subsection (a) of this Code section. If the application is denied, the applicant shall pay the costs and expenses of the liquidator in resisting the application, including a reasonable
attorney's fee. 33-37-46. After the liquidation proceeding has been terminated and the liquidator
discharged, the Commissioner or other interested party may at any time petition the superior court to reopen the proceedings for good cause, including the discovery of addi-
tional assets. If the court is satisfied that there is justification for reopening, it shall so order.
33-37-47. Whenever it shall appear to the Commissioner that the records of any
insurer in process of liquidation or completely liquidated are no longer useful, he may recommend to the court and the court shall direct what records should be retained for
future reference and what should be destroyed. 33-37-48. The superior court may, as it deems desirable, cause audits to be made of
the books of the Commissioner relating to any receivership established under this chapter, and a report of each audit shall be filed with the Commissioner and with the court.
The books, records, and other documents of the receivership shall be made available to
the auditor at any time without notice. The expense of each audit shall be considered a cost of administration of the receivership.

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ARTICLE 4
33-37-49. (a) If a domiciliary liquidator has not been appointed, the Commissioner may apply to the superior court by verified petition for an order directing him to act as conservator to conserve the property of an alien insurer not domiciled in this state or a foreign insurer on any one or more of the following grounds:
(1) Any of the grounds provided in Code Section 33-37-11; (2) That any of its property has been sequestered by official action in its domiciliary state or in any other state; (3) That enough of its property has been sequestered in a foreign country to give reasonable cause to fear that the insurer is or may become insolvent; or (4) (A) That its certificate of authority to do business in this state has been revoked or that none was ever issued; and
(B) That there are residents of this state with outstanding claims or outstanding policies. (b) When an order is sought under subsection (a) of this Code section, the court shall cause the insurer to be given such notice and time to respond thereto as is reasonable under the circumstances. (c) The court may issue the order in whatever terms it shall deem appropriate. The filing or recording of the order with the clerk of superior court of the county in which the principal business of the company is located shall impart the same notice as a deed, bill of sale, or other evidence of title duly filed or recorded with the clerk would have imparted. (d) The conservator may at any time petition for and the court may grant an order under Code Section 33-37-50 to liquidate assets of a foreign or alien insurer under conservation or, if appropriate, for an order under Code Section 33-37-52 to be appointed ancillary receiver. (e) The conservator may at any time petition the court for an order terminating conservation of an insurer. If the court finds that the conservation is no longer necessary, it shall order that the insurer be restored to possession of its property and the control of its business. The court may also make such finding and issue such order at any time upon motion of any interested party but, if such motion is denied, all costs shall be assessed against such party. 33-37-50. (a) If no domiciliary receiver has been appointed, the Commissioner may apply to the superior court by verified petition for an order directing him to liquidate the assets found in this state of a foreign insurer or an alien insurer not domiciled in this state, on any of the following grounds: (1) Any of the grounds provided in Code Section 33-37-11 or 33-37-16; or (2) Any of the grounds specified paragraphs (2) through (4) of subsection (a) of Code Section 33-37-49. (b) When an order is sought under subsection (a) of this Code section, the court shall cause the insurer to be given such notice and time to respond thereto as is reasonable under the circumstances. (c) If it shall appear to the court that the best interests of creditors, policyholders, and the public require, the court may issue an order to liquidate in whatever terms it shall deem appropriate. The filing or recording of the order with the clerk of the superior court of the county in which the principal business of the company is located or the county in which its principal office or place of business is located shall impart the same notice as a deed, bill of sale, or other evidence of title duly filed or recorded with the clerk would have imparted. (d) If a domiciliary liquidator is appointed in a reciprocal state while a liquidation is proceeding under this Code section, the liquidator under this Code section shall thereafter act as ancillary receiver under Code Section 33-37-52. If a domiciliary liquidator is appointed in a nonreciprocal state while a liquidation is proceeding under this Code section, the liquidator under this Code section may petition the court for permission to act as ancillary receiver under Code Section 33-37-52. (e) On the same grounds as are specified in subsection (a) of this Code section, the commissioner may petition any appropriate federal district court to be appointed

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receiver to liquidate that portion of the insurer's assets and business over which the court will exercise jurisdiction or any lesser part thereof that the commissioner deems desirable for the protection of the policyholders and creditors in this state.
(f) The court may order the commissioner, when he has liquidated the assets of a foreign or alien insurer under this Code section, to pay claims of residents of this state against the insurer under such rules as to the liquidation of insurers under this chapter as are otherwise compatible with the provisions of this Code section.
33-37-51. (a) The domiciliary liquidator of an insurer domiciled in a reciprocal state shall, except as to special deposits and security on secured claims under subsection (c) of Code Section 33-37-52, be vested by operation of law with the title to all of the assets, property, contracts and rights of action, agents' balances and all of the books, accounts, and other records of the insurer located in this state. The date of vesting shall be the date of the filing of the petition, if that date is specified by the domiciliary law for the vesting of property in the domiciliary state. Otherwise, the date of vesting shall be the date of entry of the order directing possession to be taken. The domiciliary liquidator shall have the immediate right to recover balances due from agents and to obtain possession of the books, accounts, and other records of the insurer located in this state. He also shall have the right to recover all other assets of the insurer located in this state, subject to the provisions of Code Section 33-37-52.
(b) If a domiciliary liquidator is appointed for an insurer not domiciled in a reciprocal state, the commissioner of this state shall be vested by operation of law with the title to all of the property, contracts, and right of action and all of the books, accounts, and other records of the insurer located in this state at the same time that the domiciliary liquidator is vested with title in the domicile. The Commissioner may petition for a conservation or liquidation order under Code Section 33-37-49 or 33-37-50 or for an ancillary receivership under Code Section 33-37-52 or after approval by the superior court may transfer title to the domiciliary liquidator as the interests of justice and the equitable distribution of the assets require.
(c) Claimants residing in this state may file claims with the liquidator or ancillary receiver, if any, in this state or with the domiciliary liquidator if the domiciliary law permits. The claims must be filed on or before the last date fixed for the filing of claims in the domiciliary liquidation proceedings.
33-37-52. (a) If a domiciliary liquidator has been appointed for an insurer not domiciled in this state, the commissioner may file a petition with the superior court requesting appointment as ancillary receiver in this state:
(1) If he finds that there are sufficient assets of the insurer located in this state to justify the appointment of an ancillary receiver; or
(2) If the protection of creditors or policyholders in this state so requires.
(b) The court may issue an order appointing an ancillary receiver in whatever terms it shall deem appropriate. The filing or recording of the order with the appropriate clerk of the superior court in this state imparts the same notice as a deed, bill of sale, or other evidence of title duly filed or recorded with the clerk.
(c) When a domiciliary liquidator has been appointed in a reciprocal state, then the ancillary receiver appointed in this state may, whenever necessary, aid and assist the domiciliary liquidator in recovering assets of the insurer located in this state. The ancillary receiver shall, as soon as practicable, liquidate from their respective securities those special deposit claims and secured claims which are proved and allowed in the ancillary proceedings in this state and shall pay the necessary expenses of the proceedings. He shall promptly transfer all remaining assets, books, accounts, and records to the domiciliary liquidator. Subject to this Code section, the ancillary receiver and his deputies shall have the same powers and be subject to the same duties with respect to the administration of assets as a liquidator of an insurer domiciled in this state.
(d) When a domiciliary liquidator has been appointed in this state, ancillary receivers appointed in reciprocal states shall have, as to assets and books, accounts, and other records in their respective states, corresponding rights, duties and powers to those provided in subsection (c) of this Code section for ancillary receivers appointed in this state.

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33-37-53. The Commissioner in his sole discretion may institute proceedings under Code Sections 33-37-9 and 33-37-10 at the request of the commissioner or other appropriate insurance official of the domiciliary state of any foreign or alien insurer having property located in this state.
33-37-54. (a) In a liquidation proceeding begun in this state against an insurer domiciled in this state, claimants residing in foreign countries or in states not reciprocal states must file claims in this state, and claimants residing in reciprocal states may file claims either with the ancillary receivers, if any, in their respective states or with the domiciliary liquidator. Claims must be filed on or before the last date fixed for the filing of claims in the domiciliary liquidation proceeding.
(b) Claims belonging to claimants residing in reciprocal states may be proved either in the liquidation proceeding in this state as provided in this chapter or in ancillary proceedings, if any, in the reciprocal states. If notice of the claims and opportunity to appear and be heard is afforded the domiciliary liquidator of this state as provided in subsection (b) of Code Section 33-37-55 with respect to ancillary proceedings, the final allowance of claims by the courts in ancillary proceedings in reciprocal states shall be
conclusive as to amount and as to priority against special deposits or other security located in such ancillary states, but shall not be conclusive with respect to priorities
against general assets under Code Section 33-37-41. 33-37-55. (a) In a liquidation proceeding in a reciprocal state against an insurer
domiciled in that state, claimants against the insurer who reside within this state may
file claims either with the ancillary receiver, if any, in this state or with the domiciliary liquidator. Claims must be filed on or before the last dates fixed for the filing of claims in the domiciliary liquidation proceeding.
(b) Claims belonging to claimants residing in this state may be proved either in the domiciliary state under the law of that state or in ancillary proceedings, if any, in this
state. If a claimant elects to prove his claim in this state, he shall file his claim with the liquidator in the manner provided in Code Sections 33-37-34 and 33-37-35. The ancillary receiver shall make his recommendation to the court as under Code Section
33-37-42. He shall also arrange a date for hearing if necessary under Code Section 33-37-38 and shall give notice to the liquidator in the domiciliary state, either by certi-
fied mail or by personal service at least 40 days prior to the date set for hearing. If the domiciliary liquidator, within 30 days after the giving of such notice, gives notice in writ-
ing to the ancillary receiver and to the claimant, either by certified mail or by personal service, of his intention to contest the claim, he shall be entitled to appear or to be
represented in any proceeding in this state involving the adjudication of the claim. (c) The final allowance of the claim by the courts of this state shall be accepted as
conclusive as to amount and as to priority against special deposits or other security located in this state.
33-37-56. During the pendency in this or any other state of a liquidation proceeding, whether called by that name or not, no action or proceeding in the nature of an attach-
ment, garnishment, or levy of execution shall be commenced or maintained in this state against the delinquent insurer or its assets.
33-37-57. (a) In a liquidation proceeding in this state involving one or more reciprocal states, the order of distribution of the domiciliary state shall control as to all claims of residents of this and reciprocal states. All claims of residents of reciprocal states shall
be given equal priority of payment from general assets regardless of where such assets are located.
(b) The owners of special deposit claims against an insurer for which a liquidator is appointed in this or any other state shall be given priority against the special deposits
in accordance with the statutes governing the creation and maintenance of the deposits. If there is a deficiency in any deposit, so that the claims secured by it are not fully dis-
charged from it, the claimants may share in the general assets, but the sharing shall be deferred until general creditors, and also claimants against other special deposits who
have received smaller percentages from their respective special deposits, have been paid percentages of their claims equal to the percentage paid from the special deposit.
(c) The owner of a secure claim against an insurer for which a liquidator has been
appointed in this or any other state may surrender his security and file his claim as a

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general creditor, or the claim may be discharged by resort to the security in accordance with Code Section 33-37-40, in which case the deficiency, if any, shall be treated as a claim against the general assets of the insurer on the same basis as claims of unsecured creditors.
33-37-58. If an ancillary receiver in another state or foreign country, whether called by that name or not, fails to transfer to the domiciliary liquidator in this state any assets within his control other than special deposits, diminished only by the expenses of the ancillary receivership, if any, the claims filed in the ancillary receivership, other than special deposit claims or secured claims, shall be placed in the class of claims under paragraph (7) of Code Section 33-37-41."
Section 8. Said title is further amended by adding immediately following Chapter 46, relating to the certification of private review agents, three new chapters, to be designated Chapters 47, 48, and 49, to read as follows:
"CHAPTER 47
33-47-1. This chapter shall be known and may be cited as the 'Managing General Agents Act.'
33-47-2. As used in this chapter, the term: (1) 'Actuary' means a person who is a member in good standing of the American
Academy of Actuaries. (2) 'Insurer' means any person, firm, association, or corporation duly licensed and
authorized in this state to transact insurance. (3) (A) 'Managing general agent' means any person, firm, association, or corporation who negotiates and binds ceding reinsurance contracts on behalf of an insurer or manages all or part of the insurance business of an insurer, including the management of a separate division, department, or underwriting office and acts as an agent for such insurer whether known as a managing general agent, manager, or other similar term, who, with or without the authority, either separately or together with affiliates, produces, directly or indirectly, and underwrites an amount of gross direct written premium equal to or more than 5 percent of the policyholder surplus as reported in the last annual statement of the insurer in any one quarter or year together with one or more of the following: (i) Adjusts or pays claims in excess of an amount determined by the Commissioner; or (ii) Negotiates reinsurance on behalf of the insurer. (B) Notwithstanding the provisions of subparagraph (A) of this paragraph, the following persons shall not be considered as managing general agents for the purposes of this chapter: (i) An employee of the insurer; (ii) A United States manager of the United States branch of an alien insurer; (iii) An underwriting manager which, pursuant to contract, manages all the insurance operations of the insurer, is under common control with the insurer, subject to Chapter 13 of this title, and whose compensation is not based on the volume of premiums written. (4) 'Producer' means an agent as defined in Chapter 23 of this title. (5) 'Underwrite' means the authority to accept or reject risk on behalf of the
insurer. 33-47-3. (a) No person, firm, association, or corporation shall act in the capacity of a managing general agent with respect to risks located in this state for an insurer licensed in this state unless such person is a licensed producer in this state. (b) No person, firm, association, or corporation shall act in the capacity of a managing general agent representing an insurer domiciled in this state with respect to risks located outside this state unless such person is licensed as a producer in this state pursuant to the provisions of this chapter. (c) The Commissioner may require the managing general agent to maintain a surety bond in an amount acceptable to him for the protection of the insurer. The Commissioner may require the managing general agent to maintain an errors and omissions policy.

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33-47-4. No person, firm, association, or corporation acting in the capacity of a managing general agent shall place business with an insurer unless there is in force a written contract between the parties which sets forth the responsibilities of each party and where both parties share responsibility for a particular function, specifies the division of such responsibilities, and which contains the following minimum provisions:
(1) The insurer may terminate the contract for cause upon written notice to the managing general agent. The insurer may suspend the underwriting authority of the managing general agent during the pendency of any dispute regarding the cause for termination;
(2) The managing general agent will render accounts to the insurer detailing all transactions and remit all funds due under the contract to the insurer on not less than a monthly basis;
(3) All funds collected for the account of an insurer will be held by the managing general agent in a fiduciary capacity in a bank which is a member of the Federal Reserve System. This account shall be used for all payments on behalf of the insurer. The managing general agent may retain no more than three months' estimated claims payments and allocated loss adjustment expenses;
(4) Separate records of business written by the managing general agent will be maintained. The insurer shall have access to and right to copy all accounts and records related to its business in a form usable by the insurer and the Commissioner shall have access to all books, bank accounts, and records of the managing general agent in a form usable to the Commissioner. Such records shall be retained according to rules and regulations promulgated by the Commissioner;
(5) The contract may not be assigned in whole or part by the managing general agent;
(6) Appropriate underwriting guidelines including: (A) The maximum annual premium volume; (B) The basis of the rates to be charged; (C) The types of risks which may be written; (D) Maximum limits of liability; (E) Applicable exclusions; (F) Territorial limitations; (G) Policy cancellation provisions; and (H) The maximum policy period;
The insurer shall have the right to cancel or nonrenew any policy of insurance subject to the provisions of Chapter 24 of this title which relate to cancellation and nonrenewal of policies.
(7) If the contract permits the managing general agent to settle claims on behalf of the insurer:
(A) All claims must be reported to the company in a timely manner; (B) A copy of the claim file will be sent to the insurer at its request or as soon as it becomes known that the claim:
(i) Has the potential to exceed an amount determined by the Commissioner or exceeds the limit set by the company, whichever is less;
(ii) Involves a coverage dispute;
(iii) May exceed the managing general agent's claims settlement authority;
(iv) Is open for more than six months; or
(v) Is closed by payment of an amount set by the Commissioner or an amount set by the company, whichever is less;
(C) All claim files will be the joint property of the insurer and the managing general agent. However, upon an order of liquidation of the insurer such files shall become the sole property of the insurer or its estate; the managing general agent shall have reasonable access to and the right to copy the files on a timely basis; and
(D) Any settlement authority granted to the managing general agent may be terminated for cause upon the insurer's written notice to the managing general agent or upon the termination of the contract. The insurer may suspend the settlement authority during the pendency of any dispute regarding the cause for termination;

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(8) Where electronic claims files are in existence, the contract must address the timely transmission of the data;
(9) If the contract provides for a sharing of interim profits by the managing general agent, and the managing general agent has the authority to determine the amount of the interim profits by establishing loss reserves or controlling claim payments, or in any other manner, interim profits will not be paid to the managing general agent until one year after they are earned for property insurance business and five years after they are earned on casualty business and not until the profits have been verified pursuant to Code Section 33-47-5; and
(10) The managing general agent shall not: (A) Bind reinsurance or retrocessions on behalf of the insurer, except that the
managing general agent may bind facultative reinsurance contracts pursuant to obligatory facultative agreements if the contract with the insurer contains reinsurance underwriting guidelines including, for both reinsurance assumed and ceded, a list of reinsurers with which such automatic agreements are in effect, the coverages and amounts or percentages that may be reinsured and commission schedules;
(B) Commit the insurer to participate in insurance or reinsurance syndicates; (C) Appoint any producer without assuring that the producer is lawfully licensed to transact the type of insurance for which he is appointed; (D) Without prior approval of the insurer, pay or commit the insurer to pay a claim over a specified amount, net of reinsurance, which shall not exceed 1 percent of the insurer's policyholder's surplus as of December 31 of the last completed calendar year; (E) Collect any payment from a reinsurer or commit the insurer to any claim settlement with a reinsurer, without prior approval of the insurer. If prior approval is given, a report must be promptly forwarded to the insurer; (F) Permit its subproducer to serve on the insurer's board of directors; (G) Jointly employ an individual who is employed with the insurer; or (H) Appoint a substitute managing general agent. 33-47-5. (a) The insurer shall have on file an independent financial examination, in a form acceptable to the Commissioner, of each managing general agent with which it has done business. (b) If a managing general agent establishes loss reserves, the insurer shall annually obtain the opinion of an actuary attesting to the adequacy of loss reserves established for losses incurred and outstanding on business produced by the managing general agent. This is in addition to any other required loss reserve certification.
(c) The insurer shall periodically and at least semiannually conduct an on-site review of the underwriting and claims processing operations of the managing general agent.
(d) Binding authority for all reinsurance contracts or participation in insurance or reinsurance syndicates shall rest with an officer of the insurer, who shall not be affiliated with the managing general agent.
(e) Within 30 days of entering into or termination of a contract with a managing general agent, the insurer shall provide written notification of such appointment or termination to the Commissioner. Notices of appointment of a managing general agent shall include a statement of duties which the applicant is expected to perform on behalf of the insurer, the lines of insurance for which the applicant is to be authorized to act, and any other information the Commissioner may request.
(f) An insurer shall review its books and records each quarter to determine if any producer has become, by operation of paragraph (2) of Code Section 33-47-2, a managing general agent. If the insurer determines that a producer has become a managing general agent, the insurer shall promptly notify the producer and the Commissioner of such determination and the insurer and producer must fully comply with the provisions of this chapter within 30 days of such determination.
(g) An insurer shall not appoint to its board of directors an officer, director, employee, subproducer, or controlling shareholder of its managing general agents. This subsection shall not apply to relationships governed by Chapter 13 of this title or, if applicable, Chapter 48 of this title.

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33-47-6. The acts of the managing general agent are considered to be the acts of the insurer on whose behalf it is acting. A managing general agent may be examined as if it were the insurer.
33-47-7. (a) If the Commissioner finds, after a hearing conducted in accordance with Chapter 2 of this title, that any person has violated any provision of this chapter, the Commissioner may order:
(1) For each separate violation, a penalty in an amount not to exceed $10,000.00; (2) Revocation or suspension of the producer's license; and (3) The managing general agent to reimburse the insurer or the rehabilitator or liquidator of the insurer for any losses incurred by the insurer caused by a violation of this chapter committed by the managing general agent. (b) The decision, determination, or order of the Commissioner pursuant to subsection (a) of this Code section shall be subject to judicial review as provided in Chapter 2 of this title. (c) Nothing contained in this Code section shall affect the right of the Commissioner to impose any other penalties provided for in this title. (d) Nothing contained in this chapter is intended to or shall in any manner limit or restrict the rights of policyholders, claimants, and auditors.
CHAPTER 48
33-48-1. This chapter shall be known and may be cited as the 'Business Transacted with Producer Controlled Property and Casualty Insurer Act.'
33-48-2. As used in this chapter, the term: (1) 'Control' or 'controlled' means the possession, direct or indirect, of the power
to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract other than a contract for goods or nonmanagement services, or otherwise. Control shall be presumed to exist if any person, directly or indirectly, owns, controls, holds with the powers to vote, or holds proxies representing a majority of the outstanding voting securities of any other person. No person shall be deemed to control another person solely by reason of being an officer or director of such other person.
(2) 'Independent casualty actuary' means a casualty actuary who is a member of the American Academy of Actuaries and who is not affiliated with; an employee, principal, or direct or indirect owner of; or in any way controlled by the insurer or producer.
(3) 'Licensed property and casualty insurer' or 'insurer' means any person, firm, association, or corporation duly licensed to transact a property and casualty insurance business in this state and which issues policies covered by Chapter 36 of this title. The following, inter alia, are not licensed property and casualty insurers for the purposes of this chapter:
(A) All nonadmitted insurers; (B) All risk retention groups as defined in the Superfund Amendments Reauthorization Act of 1986, P. L. No. 99-499, 100 Stat. 1613 (1986) and the Risk Retention Act, 15 U.S.C. Section 3901 et seq. (1982 & Supp. 1986) and Chapter 40 of this title; (C) All residual market pools and joint underwriting authorities or associations; and (D) All captive insurers as defined in Chapter 41 of this title. (4) 'Producer' means an insurance agent or broker or agents or brokers or any other person, firm, association, or corporation, when, for any compensation, commission, or other thing of value, such person, firm, association, or corporation acts or aids in any manner in soliciting, negotiating, or procuring the making of any insurance contract on behalf of an insured other than himself or itself. (5) 'Reinsurance intermediary' means any person, firm, association, or corporation who acts as a producer in soliciting, negotiating, or procuring the making of any reinsurance contract or binder on behalf of a ceding insurer or acts as a producer in accepting any reinsurance contract or binder on behalf of an assuming insurer.

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(6) 'Violation' means, for purposes of this chapter, a finding by the Commissioner that:
(A) The controlling producer did not materially comply with Code Section 33-48-3;
(B) The controlled insurer, with respect to business placed by the controlling producer, engaged in a pattern of charging premiums that were lower than those being charged by such insurer or other insurers for similar risks written during the same period and placed by noncontrolling producers. When determining whether premiums were lower than those prevailing in the market, the Commissioner shall take into consideration applicable industry or actuarial standards at the time the business was written;
(C) The controlling producer failed to maintain records, sufficient: (i) To demonstrate that such producer's dealings with its controlled insurer
were fair and equitable and in compliance with Chapter 13 of this title; (ii) To accurately disclose the nature and details of its transactions with the
controlled insurer, including such information as is necessary to support the charges or fees to the respective parties; (D) The controlled insurer, with respect to business placed by the controlling producer, either failed to establish or deviated from its underwriting producers; (E) The controlled insurer's capitalization at the time the business was placed by the controlling producer and with respect to such business was not in compliance with criteria established by the Commissioner or this title; or (F) The controlling producer or the controlled insurer failed to comply substantially with Chapter 13 of this title and any rules and regulations promulgated by the Commissioner pursuant to such chapter. 33-48-3. (a) No producer which has control of a licensed property and casualty insurer may directly or indirectly place business with such insurer in any transaction in which such producer, at the time the business is placed, is acting as such on behalf of the insured for any compensation, commission, or other thing of value, unless:
(1) There is a written contract between the controlling producer and the insurer, which contract has been approved by the board of directors of the insurer;
(2) Such producer, prior to the effective date of the policy, shall deliver written notice to the prospective insured disclosing the relationship between such producer and the controlled insurer. Such disclosure, signed by the insured, shall be retained in the underwriting file until the filing of the report on examination covering the period in which the coverage is in effect. Except that, if the business is placed through a subproducer who is not a controlling producer, the controlling producer shall retain in his records a signed commitment from the subproducer that the subproducer is aware of the relationship between the insurer and the producer and that the subproducer has or will notify the insured;
(3) All funds collected for the account of the insurer by the controlling producer must be paid, net of commissions, cancellations, and other adjustments, to the insurer no less often than quarterly;
(4) In addition to any other required loss reserve certification, the controlled insurer shall annually, on April 1 of each year, file with the Commissioner an opinion of an independent casualty actuary or other independent loss reserve specialist acceptable to the Commissioner reporting loss ratios for each line of business written and
attesting to the adequacy of loss reserves established for losses incurred, including losses incurred but not reported, and outstanding as of the end of the current year
on business placed by such producer; (5) The controlled insurer shall annually report to the Commissioner the amount
of commissions paid to such producer, the percentage such amount represents of the
net premiums written, and comparable amounts and percentages paid to noncontrolling producers for placements of the same kinds of insurance; and
(6) Every controlled insurer shall have an audit committee of the board of directors composed of independent directors. Prior to approval of the annual financial

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statement, the audit committee shall meet with management, the insurer's independent certified public accountants, and an independent casualty actuary or other independent loss reserve specialist acceptable to the Commissioner to review the adequacy of the insurer's loss reserves. (b) No reinsurance intermediary which has control of an assuming insurer may directly or indirectly place business with such insurer in any transaction in which such reinsurance intermediary is acting as a broker on behalf of the ceding insurer. No reinsurance intermediary which has control of a ceding insurer may directly or indirectly accept business from such insurer in any transaction in which such reinsurance intermediary is acting as a producer on behalf of the assuming insurer. The prohibitions in this subsection shall not apply to a reinsurance intermediary which makes a full and complete written disclosure to the parties of its relationship with the assuming or ceding insurer prior to completion of the transaction. 33-48-4. (a) (1) If the Commissioner has reason to believe that a controlling producer has committed or is committing an act which could be determined to be a violation, as defined in subsection (f) of Code Section 33-48-2, he shall serve upon the controlling producer a statement of the charges and notice of a hearing to be conducted in accordance with Chapter 2 of this title at a time not less than 30 days after the service of the notice and at a place fixed in the notice.
(2) At such hearing, the Commissioner must establish that the controlling producer engaged in a violation, as defined in subsection (f) of Code Section 33-48-2. The controlling producer shall have an opportunity to be heard and to present evidence rebutting the charges and to establish that the insolvency of the controlled insurer arose out of events not attributable to the violation. The decision, determination, or order of the Commissioner shall be subject to judicial review pursuant to Chapter 2 of this title.
(3) Upon the finding, pursuant to the proceeding set forth above that the controlling producer committed a violation, as defined in subsection (f) of Code Section 33-48-2, and the controlling producer failed to establish that such violation did not substantially contribute to the insolvency, the controlling producer shall reimburse the Georgia Insurers Insolvency Pool or the Georgia Life and Health Insurance Guaranty Association for all payments made for losses, loss adjustment, and administrative expenses on the business placed by such producer in excess of gross earned premiums and investment income earned on premiums and loss reserves for such business.
(4) Nothing contained in this Code section shall affect the right of the Commissioner to impose any other penalties provided for in this title. (b) Nothing contained in this chapter is intended to or shall in any manner alter or affect the rights of policyholders, claimants, creditors, or other third parties.
CHAPTER 49
33-49-1. This chapter shall be known and may be cited as the 'Reinsurance Intermediary Act.'
33-49-2. As used in this chapter, the term: (1) 'Actuary' means a person who is a member in good standing of the American
Academy of Actuaries. (2) 'Controlling person' means any person, firm, association, or corporation who
directly or indirectly has the power to direct or cause to be directed the management, control, or activities of the reinsurance intermediary.
(3) 'Insurer' means any person, firm, association, or corporation duly licensed in this state pursuant to the applicable provisions of the insurance law as an insurer.
(4) 'Licensed producer' means an agent, broker, or reinsurance intermediary licensed pursuant to the applicable provision of this title.
(5) 'Qualified United States financial institution' means an institution that: (A) Is organized or, in the case of a United States office of a foreign banking
organization, licensed under the laws of the United States or any state thereof; (B) Is regulated, supervised, and examined by United States federal or state
authorities having regulatory authority over banks and trust companies; and

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(C) Has been determined by either the Commissioner or the Securities Valuation Office of the National Association of Insurance Commissioners to meet such standards of financial condition and standing as are considered necessary and appropriate to regulate the quality of financial institutions whose letters of credit will be acceptable to the Commissioner. (6) 'Reinsurance intermediary' means a reinsurance intermediary broker or a reinsurance intermediary manager as these terms are defined in paragraphs (7) and (8) of this Code section. (7) 'Reinsurance intermediary broker' or 'broker' means any person, other than an officer or employee of the ceding insurer, firm, association, or corporation who solicits, negotiates, or places reinsurance cessions or retrocessions on behalf of a ceding insurer without the authority or power to bind reinsurance on behalf of such insurer. (8) 'Reinsurance intermediary manager' or 'manager' means any person, firm, association, or corporation who has authority to bind or manages all or part of the assumed reinsurance business of a reinsurer, including the management of a separate division, department, or underwriting office, and acts as an agent for such reinsurer whether known as a reinsurance intermediary manager, manager, or other similar
term. Notwithstanding the above, for the purposes of this chapter the following persons shall not be considered as reinsurance intermediary managers with respect to
such reinsurer:
(A) An employee of the reinsurer; (B) A United States manager of the United States branch of an alien reinsurer; (C) An underwriting manager which, pursuant to contract, manages all the reinsurance operations of the reinsurer, is under common control with the reinsurer,
subject to Chapter 13 of this title, and whose compensation is not based on the vol-
ume of premiums written; or (D) The manager of a group, association, pool, or organization of insurers which
engages in joint underwriting or joint reinsurance and who is subject to examination by the commissioner of insurance of the state in which the manager's principal busi-
ness office is located. (9) 'Reinsurer' means any person, firm, association, or corporation duly licensed in
this state pursuant to the applicable provisions of this title as an insurer with the
authority to assume reinsurance. (10) "To be in violation' means that the reinsurance intermediary, insurer, or rein-
surer for whom the reinsurance intermediary was acting failed to substantially comply
with the provisions of this chapter. 33-49-3. (a) No person, firm, association, or corporation shall act as a broker in this state if the broker maintains an office either directly or as a member or employee of
a firm or association or as an officer, director, or employee of a corporation:
(1) In this state, unless such broker is a licensed producer in this state; or (2) In another state, unless such broker is a licensed producer in this state or another state having a law substantially similar to this law or unless such broker is
licensed in this state as a nonresident reinsurance intermediary. (b) No person, firm, association, or corporation shall act as a manager:
(1) For a reinsurer domiciled in this state, unless such manager is a licensed producer in this state;
(2) In this state, if the manager maintains an office either directly or as a member
or employee of a firm or association or as an officer, director, or employee of a corpo-
ration in this state, unless such manager is a licensed producer in this state; (3) In another state for a nondomestic insurer, unless such manager is a licensed
producer in this state or another state having a law substantially similar to this law
or such person is licensed in this state as a nonresident reinsurance intermediary. (c) The Commissioner may require a manager subject to subsection (b) of this Code
section to: (1) File a bond in an amount from an insurer acceptable to the Commissioner for
the protection of the reinsurer; and (2) Maintain an errors and omissions policy in an amount acceptable to the Com-
missioner.

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JOURNAL OF THE HOUSE,

(d) (1) The Commissioner may issue a reinsurance intermediary license to any person, firm, association, or corporation who has complied with the requirements of this chapter. Any such license issued to a firm or association will authorize all the members of such firm or association and any designated employees to act as reinsurance intermediaries under the license, and all such authorized persons shall be named in the application and any supplements thereto. Any such license issued to a corporation shall authorize all of the officers, and any designated employees and directors thereof, to act as reinsurance intermediaries on behalf of such corporation, and all such authorized persons shall be named in the application and any supplements thereto.
(2) If the applicant for a reinsurance intermediary license is a nonresident, such applicant, as a condition precedent to receiving or holding a license, shall designate the Commissioner as agent for service of process in the manner, and with the same legal effect, provided for by this chapter for designation of service of process upon unauthorized insurers; and also shall furnish the Commissioner with the name and address of a resident of this state upon whom notices or orders of the Commissioner or process affecting such nonresident reinsurance intermediary may be served. Such licensee shall promptly notify the Commissioner in writing of every change in its designated agent for service of process, and such change shall not become effective until acknowledged by the Commissioner. (e) The Commissioner may refuse to issue a reinsurance intermediary license if in his judgment the applicant; any person named on the application; any member, principal, officer, or director of the applicant; or any controlling person of such applicant is not trustworthy to act as a reinsurance intermediary or that any of the foregoing has given cause for revocation or suspension of such license or has failed to comply with any prerequisite for the issuance of such license. Upon written request therefor, the Commissioner will furnish a summary of the basis for refusal to issue a license, which document shall be privileged and not subject to Article 4 of Chapter 18 of Title 50, relating to the inspection of public records. (f) Licensed attorneys at law of this state when acting in their professional capacity as such shall be exempt from this Code section. 33-49-4. Transactions between a broker and the insurer it represents in such capacity shall only be entered into pursuant to a written authorization specifying the responsibilities of each party. The authorization shall, at a minimum, provide that:
(1) The insurer may terminate the broker's authority at any time; (2) The broker will render accounts to the insurer accurately detailing all material transactions, including information necessary to support all commissions, charges, and other fees received by or owing to the broker, and remit all funds due to the insurer within 30 days of receipt; (3) All funds collected for the insurer's account will be held by the broker in a fiduciary capacity in a bank which is a qualified United States financial institution; (4) The broker will comply with Code Section 33-49-5; (5) The broker will comply with the written standards established by the insurer for the cession or retrocession of all risks; and (6) The broker will disclose to the insurer any relationship with any reinsurer to which business will be ceded or retroceded. 33-49-5. (a) For at least ten years after expiration of each contract of reinsurance transacted by the broker, the broker will keep a complete record for each transaction showing: (1) The type of contract, limits, underwriting restrictions, classes or risks, and territory;
(2) The period of coverage, including effective and expiration dates, cancellation provisions, and notice required of cancellation;
(3) Reporting and settlement requirements of balances;
(4) The rate used to compute the reinsurance premium;
(5) The names and addresses of assuming reinsurers;
(6) Rates of all reinsurance commissions, including the commissions on any retrocessions handled by the broker;

WEDNESDAY, MARCH 6, 1991

1851

(7) Related correspondence and memoranda; (8) Proof of placement; (9) Details regarding retrocessions handled by the broker including the identity of retrocessionaires and the percentage of each contract assumed or ceded; (10) Financial records, including, but not limited to, premium and loss accounts; and (11) When the broker procures a reinsurance contract on behalf of a licensed ceding insurer;
(A) Directly from any assuming reinsurer, written evidence that the assuming reinsurer has agreed to assume the risk; or
(B) If placed through a representative of the assuming reinsurer, other than an employee, written evidence that such reinsurer has delegated binding authority to the representative. (b) The insurer will have access and the right to copy and audit all accounts and records maintained by the broker related to its business in a form usable by the insurer. 33-49-6. (a) An insurer shall not engage the services of any person, firm, association, or corporation to act as a broker on its behalf unless such person is licensed as required by subsection (a) of Code Section 33-49-3. (b) An insurer may not employ an individual who is employed by a broker with which it transacts business unless such broker is under common control with the insurer and subject to Chapter 13 of this title. (c) The insurer shall annually obtain a copy of statements of the financial condition of each broker with which it transacts business. 33-49-7. Transactions between a manager and the reinsurer it represents in such capacity shall only be entered into pursuant to a written contract, specifying the responsibilities of each party, which shall be approved by the reinsurer's board of directors. At least 30 days before such reinsurer assumes or cedes business through such producer, a true copy of the approved contract shall be filed with the Commissioner for approval. The contract shall, at a minimum, provide that: (1) The reinsurer may terminate the contract for cause upon written notice to the manager. The reinsurer may immediately suspend the authority of the manager to assume or cede business during the pendency of any dispute regarding the cause for termination; (2) The manager will render accounts to the reinsurer accurately detailing all material transactions, including information necessary to support all commissions, charges, and other fees received by or owing to the manager, and remit all funds due under the contract to the reinsurer on not less than a monthly basis; (3) All funds collected for the reinsurer's account will be held by the manager in a fiduciary capacity in a bank which is a qualified United States financial institution as defined in paragraph (5) of Code Section 33-49-2. The manager may retain no more than three months' estimated claims payments and allocated loss adjustment expenses. The manager shall maintain a separate bank account for each reinsurer that it represents; (4) For at least ten years after expiration of each contract of reinsurance transacted by the manager, the manager will keep a complete record for each transaction showing:
(A) The type of contract, limits, underwriting restrictions, classes or risks, and territory;
(B) The period of coverage, including effective and expiration dates, cancellation provisions and notice required of cancellation, and disposition of outstanding reserves on covered risks;
(C) Reporting and settlement requirements of balances;
(D) The rate used to compute the reinsurance premium;
(E) The names and addresses of reinsurers;
(F) Rates of all reinsurance commissions, including the commissions on any retrocessions handled by the manager;
(G) Related correspondence and memoranda;

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JOURNAL OF THE HOUSE,

(H) Proof of placement; (I) Details regarding retrocessions handled by the manager, as permitted by subsection (d) of Code Section 33-49-9, including the identity of retrocessionaires and the percentage of each contract assumed or ceded;
(J) Financial records, including, but not limited to, premium and loss accounts; and
(K) When the manager places a reinsurance contract on behalf of a ceding insurer:
(i) Directly from any assuming reinsurer, written evidence that the assuming reinsurer has agreed to assume the risk; or
(ii) If placed through a representative of the assuming reinsurer, other than an employee, written evidence that such reinsurer has delegated binding authority to the representative;
(5) The reinsurer will have access and the right to copy all accounts and records maintained by the manager related to its business in a form usable by the reinsurer;
(6) The contract cannot be assigned in whole or in part by the manager; (7) The manager will comply with the written underwriting and rating standards established by the insurer for the acceptance, rejection, or cession of all risks; (8) The rates, terms, and purposes of commissions, charges, and other fees which the manager may levy against the reinsurer are set forth; (9) If the contract permits the manager to settle claims on behalf of the reinsurer:
(A) All claims will be reported to the reinsurer in a timely manner;
(B) A copy of the claim file will be sent to the reinsurer at its request or as soon as it becomes known that the claim:
(i) Has the potential to exceed the lesser of an amount determined by the Commissioner or the limit set by the reinsurer;
(ii) Involves a coverage dispute;
(iii) May exceed the manager's claims settlement authority; (iv) Is open for more than six months; or
(v) Is closed by payment of the lesser of an amount set by the Commissioner or an amount set by the reinsurer; (C) All claim files will be the joint property of the reinsurer and manager. How-
ever, upon an order of liquidation of the reinsurer such files shall become the sole property of the reinsurer or its estate; the manager shall have reasonable access to
and the right to copy the files on a timely basis; and (D) Any settlement authority granted to the manager may be terminated for
cause upon the reinsurer's written notice to the manager or upon the termination of the contract. The reinsurer may suspend the settlement authority during the pen-
dency of the dispute regarding the cause of termination; (10) If the contract provides for a sharing of interim profits by the manager, that such interim profits will not be paid until one year after the end of each underwriting
period for property business and five years after the end of each underwriting period for casualty business or a later period set by the Commissioner for specified lines of
insurance and not until the adequacy of reserves on remaining claims has been verified pursuant to subsection (c) of Code Section 33-49-9;
(11) The manager will annually provide the reinsurer with a statement of its finan-
cial condition prepared by an independent certified accountant; (12) The reinsurer shall periodically and at least semi-annually conduct an on-site
review of the underwriting and claims processing operations of the manager; (13) The manager will disclose to the reinsurer any relationship it has with any
insurer prior to ceding or assuming any business with such insurer pursuant to this contract; and
(14) Within the scope of its actual or apparent authority the acts of the manager shall be deemed to be the acts of the reinsurer on whose behalf it is acting. 33-49-8. The manager shall not:
(1) Cede retrocessions on behalf of the reinsurer, except that the manager may cede facultative retrocessions pursuant to obligatory facultative agreements if the con-
tract with the reinsurer contains reinsurance underwriting guidelines for such

WEDNESDAY, MARCH 6, 1991

1853

retrocessions. Such guidelines shall include a list of reinsurers with which such automatic agreements are in effect, and for each such reinsurer, the coverages and amounts or percentages that may be reinsured, and commission schedules;
(2) Commit the reinsurer to participate in reinsurance syndicates; (3) Appoint any producer without assuring that the producer is lawfully licensed to transact the type of reinsurance for which he is appointed; (4) Without prior approval of the reinsurer, pay or commit the reinsurer to pay a claim, net of retrocessions, that exceeds the lesser of an amount specified by the reinsurer or 1 percent of the reinsurer's policyholder's surplus as of December 31 of the last complete calendar year; (5) Collect any payment from a retrocessionaire or commit the reinsurer to any claim settlement with a retrocessionaire, without prior approval of the reinsurer. If prior approval is given, a report must be promptly forwarded to the reinsurer; (6) Jointly employ an individual who is employed by the reinsurer unless such manager is under common control with the reinsurer subject to Chapter 13 of this title; or (7) Appoint a submanager. 33-49-9. (a) A reinsurer shall not engage the services of any person, firm, association, or corporation to act as a manager on its behalf unless such person is licensed as required by subsection (b) of Code Section 33-49-3. (b) The reinsurer shall annually obtain a copy of statements of the financial condition of each manager which such reinsurer has engaged prepared by an independent certified accountant in a form acceptable to the Commissioner. (c) If a manager establishes loss reserves, the reinsurer shall annually obtain the opinion of an actuary attesting to the adequacy of loss reserves established for losses incurred and outstanding on business produced by the manager. This opinion shall be in addition to any other required loss reserve certification. (d) Binding authority for all retrocessional contracts or participation in reinsurance syndicates shall rest with an officer of the reinsurer who shall not be affiliated with the manager. (e) Within 30 days of termination of a contract with a manager, the reinsurer shall provide written notification of such termination to the Commissioner. (f) A reinsurer shall not appoint to its board of directors, any officer, director, employee, controlling shareholder, or subproducer of its manager. This subsection shall not apply to relationships governed by Chapter 13 or Chapter 48 of this title. 33-49-10. (a) A reinsurance intermediary shall be subject to examination by the Commissioner. The Commissioner shall have access to all books, bank accounts, and records of the reinsurance intermediary in a form usable to the Commissioner. (b) A manager may be examined as if it were the reinsurer. 33-49-11. (a) A reinsurance intermediary, insurer, or reinsurer found by the Commissioner, after a hearing conducted in accordance with Chapter 2 of this title, to be in violation of any provision of this chapter, shall: (1) For each separate violation, pay a penalty in an amount not exceeding $10,000.00;
(2) Be subject to revocation or suspension of its license; and
(3) If a violation was committed by the reinsurance intermediary, such reinsurance intermediary shall make restitution to the insurer, reinsurer, rehabilitator, or liquidator of the insurer or reinsurer for the net losses incurred by the insurer or reinsurer attributable to such violation.
(b) The decision, determination, or order of the Commissioner pursuant to subsection (a) of this Code section shall be subject to judicial review pursuant to Chapter 2 of this title.
(c) Nothing contained in this section shall affect the right of the Commissioner to impose any other penalties provided in this title.
(d) Nothing contained in this chapter is intended to or shall in any manner limit or restrict the rights of policyholders, claimants, creditors, or other third parties or confer any rights to such persons."

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Section 9. (a) This Act shall become effective on July 1, 1991. (b) Section 2 of this Act shall apply to all reinsurance cessions after July 1, 1991, which have had an inception, anniversary, or renewal date not less than six months after July 1, 1991. (c) Sections 3 and 4 of this Act shall apply to transactions between affiliates or subsidiaries taking place on or after July 1, 1991. (d) Section 6 of this Act shall become effective on July 1, 1991; provided, however, that persons required to be licensed under Section 6 shall have until January 1, 1992, to procure such license.
Section 10. All laws and parts of laws in conflict with this Act are repealed.

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, by substitute, the roll call was ordered and the vote was as follows:

Abernathy Y Adams Y Aiken
Y Alford Y Atkins Y Baker
Balkcom Y Barfoot
Y Bargeron Y Barnett,B Y Barnett.M
Y Bates Y Beatty Y Benefield
Y Birdsong Y Blitch
Bordeaux Y Bostick Y Branch
Y Breedlove Y Brooks
Brown Brush YBuck
Y Buckner YByrd Y Campbell
Canty Y Carrell
Y Carter Y Chafin
Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.H

Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B
Cummings,M Y Davis.G
Davis,M Dixon,H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Felton Y Fennel
Y Floyd,J.M Y Floyd,J.W Y Flynt
Godbee Y Golden Y Goodwin Y Green
Y Greene Y Griffin Y Groover Y Hamilton
E Hammond Hanner
Y Harris.B Y Harris,J
Y Heard Y Henson

Y Herbert Y Hightower Y Holland Y Holmes
Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson
YLee Long
Lord Y Lucas Y Lupton YMann Y Martin
Y McCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows
Merritt YMilam
Y Mills

Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish Y Patten
Pelote Y Perry Y Pettit Y Pinholster
Pinkston
YPoag Y Porter
Y Poston Y Powell,A
Y Powell.C Y Purcell
Randall YRay Y Reaves
Redding Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L

Y Smith,P Y Smith.T Y Smith, W Y Smyre YSnow Y Stancil.F Y Stancil,S
Stanley Y Stephens
Streat Y Taylor
Teper Y Thomas.C Y Thomas.M Y Thomas.N
Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L YWall Y Ware Y Watson
Y Watts White
Y Wilder Y Williams.B Y Williams,J Y Williams,R Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 152, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

SB 154. By Senator Johnson of the 47th:
A bill to amend Code Section 33-24-3 of the Official Code of Georgia Annotated, relating to the requirements for finding an insurable interest for purposes of obtaining personal insurance, so as to clarify the intent of the law that any corporation, foreign or domestic, shall have an insurable interest in the life or physical or mental ability of any of its directors, officers, or employees or the directors, officers, or employees of any of its subsidiaries.

WEDNESDAY, MARCH 6, 1991

1855

The following amendment was read and adopted:

Representative Ware of the 77th moves to amend SB 154 by inserting on line 17 of page 1 following the word and symbol "intent;" the following:
"to provide that certain charitable institutions shall have an insurable interest in the life of any donor;",
By inserting immediately following line 26 on page 2 the following:
"Section 2. Said Code section is further amended by adding a new subsection (f) to read as follows:
'(f) A charitable institution as defined under Sections 501(c)(3), 501(c)(6), 501(c)(8), and 501(c)(9) of the Internal Revenue Code of 1986 shall have an insurable interest in the life of any donor.'",
ber "B3y",striking the number "2" on line 27 of page 2 and inserting in lieu thereof the num-
By striking the number "3" on line 30 of page 2 and inserting in lieu thereof the number "4".

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, as amended, the roll call was ordered and the vote was as follows:

Abernathy Y Adams Y Aiken
Y Alford Y Atkins Y Baker
Y Balkcom Y Barfoot Y Bargeron Y Barnett,B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong N Blitch
Bordeaux
Y Bostick Y Branch N Breedlove Y Brooks Y Brown
Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell N Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark.H

Y Clark,L Y Coker
Coleman
N Colwell Y Connell
Y Culbreth Cummings.B Cummings.M
Y Davis.G Y Davis.M
Dixon.H
Y Dixon,S N Dobbs Y Dover Y Dunn Y Edwards
Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Y Flynt N Godbee Y Golden Y Goodwin
Green N Greene Y Griffin
Groover Hamilton E Hammond Y Manner Harris.B Y Harris,J
Y Heard Y Henson

Y Herbert Y Hightower Y Holland
Y Holmes Y Howard Y Hudson N Irwin Y Jackson N Jamieson Y Jenkins Y Jones
Kilgore YKing
Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee
Long Lord
Lucas Y Lupton YMann Y Martin Y McCoy
Y McKelvey Y McKinney,B Y McKinney.C Y Meadows
Merritt Milam Y Mills

Y Mobley Y Moody Y Morsberger Y Moultrie N Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry
Y Pettit Y Pinholster
Pinkston NPoag
Porter Y Poston Y Powell.A Y Powell.C Y Purcell
Randall
NRay Y Reaves Y Redding Y Ricketson N Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L

Y Smith.P Smith.T
N Smith,W
Y Smyre YSnow Y Stancil.F Y Stancil.S
Stanley Y Stephens
Streat Y Taylor
Teper Y Thomas.C N Thomas.M Y Thomas.N
Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest N Twiggs Y Valenti Y Vaughan Y WalkerJ Y Walker.L Y Wall Y Ware
Watson
Y Watts Y White Y Wilder Y Williams.B Y Williams,J Y Williams.R
Yeargin Murphy.Spkr

On the passage of the Bill, as amended, the ayes were 136, nays 16.

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JOURNAL OF THE HOUSE,

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

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 215. By Representatives Thomas of the 69th, Chambless of the 133rd and Groover of the 99th:
A bill to amend Chapter 5 of Title 15 of the Official Code of Georgia Annotated, relating to the administration of courts of record, so as to permanently create the Georgia Courts Automation Commission.

The following Senate amendment was read:

Amend HB 215 by inserting on page 1, line 14 between "Council" and "j" the following:
", the Georgia Bureau of Investigation, the Department of Corrections, the Department of Public Safety, the State Board of Pardons & Paroles, and the Juvenile Justice Coordinating Council".
and by striking on page 3, line 17, the word "and";
On line 18 the period "."
and adding on line 18 after "designee" the following:
"The Director of the Juvenile Justice Coordinating Council or his designee".

Representative Thomas of the 69th moved that the House agree to the Senate amendment to HB 215.
On the motion, the roll call was ordered and the vote was as follows:

Abernathy Y Adams
Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett,B Y Barnett.M Y Bates
Y Beatty Y Benefield
Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner
YByrd Y Campbell
Y Canty Y Carrell Y Carter Y Chafin

Y Chambless Y Cheeks Y Childers Y ClarkJE Y Clark.H
Y Clark.L Y Coker
Coleman
Y Colwell Y Connell Y Culbreth Y Cummings.B
Cummings.M Y Davis.G Y Davis.M
Dkon.H Y Dixon.S
Dobbs Y Dover YDunn
Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin Y Green

Y Greene Y Griffin Y Groover
Hamilton E Hammond Y Manner Y Harris.B Y Harris.J Y Heard Y Henson Y Herbert Y Hightower Y Holland Y Holmes Y Howard
Y Hudson Y Irwin
Y Jackson Y Jamieson
Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D
Y Lane,R Y Langford Y Lawrence Y Lawson

YLee Long
YLord Y Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney.B Y McKinney.C
Y Meadows Merritt
YMilam
Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock
Y Padgett Y Parham Y Parrish
Patten Pelote Y Perry Y Pettit

Y Pinholster Pinkston
YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Purcell
Randall
YRay Y Reaves
Redding Y Ricketson Y Royal
Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith,P
Smith.T Y Smith, W
Y Smyre YSnow Y Stancil.F Y Stancil.S
Stanley Y Stephens
Streat Y Taylor

WEDNESDAY, MARCH 6, 1991

1857

Teper Y Thomas.C YThomas,M
Thomas.N Y Thurmond

Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs

Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall

Ware Y Watson Y Watts Y White Y Wilder

Y Williams.B Y Williams,J Y Williams.R Y Yeargin
Murphy.Spkr

On the motion, the ayes were 156, nays 0. The motion prevailed.

Under the general order of business, established by the Committee on Rules, the following Bill and Resolution of the Senate were taken up for consideration and read the third time:

SB 142. By Senator Ramsey of the 54th:
A bill to amend Chapter 14 of Title 12 of the Official Code of Georgia Annotated, relating to oil or hazardous material spills or releases, so as to define certain terms; to provide for reporting of spills or releases of hazardous substances in certain amounts.

The following Committee substitute was read:

A BILL
To amend Chapter 14 of Title 12 of the Official Code of Georgia Annotated, relating to oil or hazardous material spills or releases, so as to define certain terms; to provide for reporting of spills or releases of hazardous substances in certain amounts; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Chapter 1. Chapter 14 of Title 12 of the Official Code of Georgia Annotated, relating to oil or hazardous material spills or releases, is amended by striking in its entirety Code Section 12-14-1, relating to definitions, and inserting in lieu thereof a new Code Section 12-14-1 to read as follows:
"12-14-1. As used in this chapter, the term: (1) 'Board' means the Board of Natural Resources of the State of Georgia. (2) 'Director' means the director of the Environmental Protection Division of the
Department of Natural Resources. (3) 'Division' means the Environmental Protection Division of the Department of
Natural Resources. <4) 'Hazardous material* means any material er substance 4n liquid, solid, er g9-
eeas fe* which tsi {A) Toxic er poisonous te human, plant, er animal ttfe; {B} Caustic er aeidie; { ) Flammable er combustible; {B) Explosive er reactive; er Hazardous waste;
(4) 'Hazardous substance' means any substance designated pursuant to Section 311(b)(2)(A) of the Clean Water Act, 33 U.S.C. Section 1321(b)(2)(A); any element, compound, mixture, solution, or substance designated pursuant to Section 102 of 42 U.S.C. Section 9602; any hazardous waste having the characteristics identified under or listed pursuant to Section 3001 of the Solid Waste Disposal Act, 42 U.S.C. Section 6921, but not including any waste the regulation of which under the Solid Waste Disposal Act has been suspended by act of Congress; any toxic pollutant listed under Section 307(a) of the Clean Water Act, 33 U.S.C. Section 1317(a); any hazardous air pollutant listed under Section 112 of the Clean Air Act, 42 U.S.C. Section 7412; and any imminently hazardous chemical substance or mixture with respect to which the

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administrator of the United States Environmental Protection Agency has taken action pursuant to Section 7 of the Toxic Substance Control Act, 15 U.S.C. Section 2606. The term does not include petroleum, including crude oil or any fraction thereof^ which is not otherwise specifically listed or designated as a hazardous substance in the first sentence of this paragraph, and the term does not include natural gas, natural gas liquids, liquefied natural gas, synthetic gas usuable for fuel, or mixtures of natural gas and such synthetic gas.
(5) 'Oil' includes but is not limited to gasoline, crude oil, fuel oil, diesel oil, lubricating oil, sludge, oil refuse, oil mixed with wastes, and any other petroleum related product.
(6) 'Person' includes an individual, trust, firm, joint-stock company, corporation, partnership, association, county, municipal corporation, political subdivision, interstate body, the state and any agency or authority thereof, and the federal government and any agency thereof.
(7) 'Reportable quantity' means the amount of a hazardous substance which, if released into the environment in such quantity within any 24 hour period, must be reported to the division in the event of a spill or release. The reportable quantity for mixtures is the amount of the hazardous substance components of a mixture. Reportable quantities are those listed in 40 C.F.R. Part 302 : Designation, Reportable Quantities and Notification.
?) (8) 'Spill or release' means the discharge, deposit, injection, dumping, spilling, emitting, releasing, leaking, or placing of any hazardous material substance into the air or into or on any land or water of the state, except from an underground storage tank and all plumbing and piping relating thereto or except high-level or low-level radioactive waste from a federally licensed nuclear facility or as authorized by state or federal law or a permit from the division. This term shall also mean the discharge of oil into waters of this state which will cause a significant film or sheen upon or discoloration of the surface of such waters or adjoining shorelines or cause a sludge or emulsion to be deposited beneath the surface of such waters or upon adjoining shorelines. Accidental discharges of oil made by an individual during maintenance of that individual's personal vehicle or farm machinery shall be exempt."
Section 2. Said chapter is further amended by striking in its entirety Code Section 12-14-2, relating to the reporting of spilled or released oil or hazardous material, and inserting in lieu thereof a new Code Section 12-14-2 to read as follows:
"12-14-2. Oil or any hazardous material substance spilled or released shall be reported under Code Section 12-14-3. The board is authorized to promulgate rules and regulations necessary for the enforcement of this chapter."
Section 3. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 12-14-3, relating to notification of the Environmental Protection Division of the Department of Natural Resources of certain spills, and inserting in lieu thereof the following:
"(a) Any person owning or having control over any oil or hazardous material substance who has knowledge of ft any spill or release of such oil or who has knowledge of any spill or release of such hazardous substance in a quantity equal to or exceeding the reportable quantity or who has knowledge of a spill or release of an unknown quantity of oil or a hazardous substance shall immediately notify the division through the Department of Natural Resources Emergency Operations Center as soon as that person knows of the spill or release."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The Speaker ruled an amendment, offered by Representative Parham of the 105th, not germane to SB 142.

The Speaker ruled an amendment to the Parham amendment, offered by Representative Dobbs of the 74th, out of order.

WEDNESDAY, MARCH 6, 1991

1859

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, by substitute, the roll call was ordered and the vote was as follows:

Abernathy Y Adams Y Aiken
Alford Y Atkins Y Baker
Balkcom Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates
Y Beatty Y Benefield Y Birdsong N Blitch Y Bordeaux
Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd
Campbell Y Canty Y Carrell
Y Carter Y Chafin
Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark,H

Y Clark.L Y Coker
Coleman Y Colwell
Y Connell Y Culbreth Y Cummings.B
Cummings.M Davis.G Y Davis.M Y Dixon.H Y Dixon,S Y Dobbs Y Dover Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd.J.W Y Flynt
Y Godbee Golden
Y Goodwin Green
Y Greene Y Griffin Y Groover Y Hamilton E Hammond Y Banner Y Harris.B
Harris,J Y Heard Y Henson

Y Herbert Y Hightower Y Holland Y Holmes Y Howard
Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D
Y Lane.R Y Langford Y Lawrence Y Lawson YLee
Long YLord Y Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney,B Y McKinney.C
Y Meadows
Merritt
Milam Y Mills

Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock
Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter
Poston Y Powell.A Y Powell.C Y Purcell
Randall
YRay Reaves Redding Ricketson Royal
Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L

Y Smith.P Y Smith.T Y Smith,W Y Smyre YSnow
Y Stancil.F Y Stancil,S
Stanley
Y Stephens Streat Taylor Teper
Y Thomas.C Thomas.M
Y Thomas,N Y Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti
Vaughan Y Walker,J Y Walker,L
Y Wall Y Ware
Y Watson Y Watts Y White
Wilder Y Williams,B
Williams,J Y Williams,R Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 143, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Harris of the 96th and Taylor of the 94th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

SR 122. By Senators Collins of the 17th, Perry of the 7th, Burton of the 5th and others:
A resolution designating the "Raymond G. Davis Medal of Honor Highway".

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 121, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

1860

JOURNAL OF THE HOUSE,

HB 771. By Representatives Chambless of the 133rd, Cummings of the 134th, White of the 132nd and Balkcom of the 140th:
A bill to amend an Act placing certain county officers of Dougherty County upon an annual salary, so as to change the provisions relating to the salary of the judge of the probate court.

The following Senate substitute was read:

A BILL
To amend an Act placing certain county officers of Dougherty County upon an annual salary, approved March 7, 1955 (Ga. L. 1955, p. 2874), as amended, so as to change the provisions relating to the salary of the judge of the probate court; 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 placing certain county officers of Dougherty County upon an annual salary, approved March 7, 1955 (Ga. L. 1955, p. 2874), as amended, is amended by striking paragraph (2) of subsection (b) of Section 2 of said Act and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) Notwithstanding the provisions of paragraph (1) of this subsection, if the probate court in Dougherty County is subject to and operates pursuant to the provisions of Article 6 of Chapter 9 of Title 15 of the O.C.G.A., the judge of the Probate Court of Dougherty County shall receive an annual salary of $48,460.00. On the first day of January of 1992 and on such date each year thereafter, the annual salary of the judge for the immediately preceding calendar year shall be increased by the same percentage or minimum amount, whichever is greater, provided for full-time employees of the executive branch of state government by an appropriations Act of the General Assembly for the fiscal year beginning on the previous first day of July."
Section 2. This Act shall become effective April 1, 1991.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Chambless of the 133rd moved that the House agree to the Senate substitute to HB 771.
On the motion the ayes were 110, nays 0.
The motion prevailed.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the Senate:

SB 321. By Senator Kidd of the 25th:
A bill to amend an Act creating and establishing a new charter for the City of Eatonton, as amended, so as to change the corporate limits of the city.

The President has appointed on the part of the Senate the following:

WEDNESDAY, MARCH 6, 1991

1861

Senators Kidd of the 25th, Walker of the 43rd and Olmstead of the 26th.

The following Resolution of the House was read and referred to the Committee on Rules:

HR 458. By Representatives Birdsong of the 104th, Pinkston of the 100th, Groover of the 99th, Lucas of the 102nd, Elliott of the 103rd and others:
A resolution commending the Tattnall Square Academy Trojans football team and inviting the team and its coaches to appear and be recognized before the House of Representatives.

The following Resolutions of the House were read and adopted:

HR 460. By Representatives Buckner of the 72nd, Lee of the 72nd, Benefield of the 72nd, King of the 72nd and Chafin of the 72nd:
A resolution commending and recognizing Mary Ann and Jack Roberts.

HR 461. By Representative Skipper of the 116th:
A resolution commending and recognizing Coach Douglas R. Parrish on the occasion of his retirement.

Representative Kilgore of the 42nd District, Chairman of the Committee on Education, submitted the following report:

Mr. Speaker:
Your Committee on Education has had under consideration the following Bills and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HR 432 Do Pass SB 155 Do Pass, by Substitute SB 348 Do Pass
Respectfully submitted, /s/ Kilgore of the 42nd
Chairman

Representative Ware of the 77th District, Chairman of the Committee on Insurance, submitted the following report:

Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 110 Do Pass, by Substitute SB 279 Do Pass, by Substitute SB 309 Do Pass, by Substitute
Respectfully submitted, /s/ Ware of the 77th
Chairman

1862

JOURNAL OF THE HOUSE,

Representative Thomas of the 69th District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:

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

SB 72 Do Pass, by Substitute SB 143 Do Pass, by Substitute SB 208 Do Pass, as Amended

SB 238 Do Pass SB 335 Do Pass

Respectfully submitted, /s/ Thomas of the 69th
Chairman

Representative Walker of the 115th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

THURSDAY, MARCH 7, 1991

1863

Representative Hall, Atlanta, Georgia Thursday, March 7, 1991

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by the Reverend William 0. Powell, Pastor, Porterfield United Methodist Church, Albany, Georgia.
The members pledged allegiance to the flag.
Representative Bargeron of the 108th, Chairman of the Committee on Journals, 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.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:
HB 1018. By Representative Yeargin of the 14th: A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, providing exemptions from sales and use taxes, so as to exempt as industrial materials certain materials used in the quarrying and manufacturing of granite into items for sale at retail.
Referred to the Committee on Ways & Means.
HR 459. By Representatives Atkins of the 21st and Aiken of the 21st: A resolution urging the House and Senate Committees on Appropriations to appropriate funding for a heritage park in the Concord Historic District in Cobb County.
Referred to the Committee on Appropriations.

1864

JOURNAL OF THE HOUSE,

By unanimous consent, the rules were suspended in order that the following Bills of the House could be introduced, read the first time and referred to the committees:

HB 1023. By Representatives Snow of the 1st and McCoy of the 1st:
A bill to amend an Act placing the judge of the Probate Court of Walker County on a salary basis, so as to change the provisions relating to the amount of funds for the compensation of the personnel of said officer.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1024. By Representatives Snow of the 1st and McCoy of the 1st:
A bill to amend an Act creating the office of tax commissioner of Walker County, so as to change the provisions relating to the amount of funds for the compensation of the personnel of the tax commissioner.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1025. By Representatives Snow of the 1st and McCoy of the 1st:
A bill to amend an Act placing the clerk of the Superior Court of Walker County on an annual salary, so as to change the provisions relating to the amount of funds for the compensation of the personnel of said officer.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1026. By Representative Smith of the 152nd:
A bill to revise and reenact the law creating a Board of Commissioners of Bacon County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1027. By Representatives Byrd of the 153rd and Moody of the 153rd: A bill to incorporate and provide a charter for the City of Graham.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1028. By Representatives Smith of the 152nd, Moody of the 153rd and Byrd of the 153rd:
A bill to amend an Act creating the office of commissioners of Roads and Revenues of Brantley County, so as to provide a new mileage rate for the chairman and board of commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1032. By Representative Balkcom of the 140th:
A bill to abolish the office of Treasurer of Baker County; to provide that the Board of Commissioners of Baker County shall appoint depositories for county funds.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1033. By Representative Balkcom of the 140th:
A bill to consolidate the offices of tax receiver and tax collector of Baker County into the office of tax commissioner of Baker County.
Referred to the Committee on State Planning & Community Affairs - Local.

THURSDAY, MARCH 7, 1991

1865

By unanimous consent, the following Bills of the House and Senate were read the second time:

HB 993 HB 999 HB 1000 HB 1001 HB 1002 HB 1003 HB 1004 HB 1009 HB 1013

HB 1017 HB 1019 HB 1020 HB 1021 HB 1022 SB 270 SB 371 SB 437

Representative Kilgore of the 42nd District, Chairman of the Committee on Education, submitted the following report:

Mr. Speaker:
Your Committee on Education has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 328 Do Pass, by Substitute
Respectfully submitted, /s/ Kilgore of the 42nd
Chairman

Representative Childers of the 15th District, Chairman of the Committee on Health & Ecology, submitted the following report:

Mr. Speaker:
Your Committee on Health & Ecology has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 284 Do Pass SB 338 Do Pass, by Substitute
Respectfully submitted, is/ Childers of the 15th
Chairman

Representative Lee of the 72nd District, Chairman of the Committee on Rules, submitted the following report:

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 458 Do Pass
Respectfully submitted, /s/ Lee of the 72nd
Chairman

1866

JOURNAL OF THE HOUSE,

Representative Lane of the 27th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 967 Do Pass HB 974 Do Pass HB 975 Do Pass HB 977 Do Pass HB 978 Do Pass HB 979 Do Pass HB 980 Do Pass HHBB 998878 DDoo PPaassss
HB 989 Do Pass
HB 991 Do Pass
HB 995 Do Pass
HB 996 Do Pass
HB 997 Do Pass
HB 998 Do Pass

SB 257 Do Pass SB 258 Do Pass SB 361 Do Pass SB 401 Do Pass SB 402 Do Pass SB 403 Do Pass SB 404 Do pass a|Bn 4x0n5c rD>o rP>ass
SB 406 Do Pass
SB 419 Do Pass
SB 428 Do Pa8s
HB 983 Do Pass
HB 986 Do Pass
SB 207 Do Pass

Respectfully submitted,
/s/ Lane of the 27th Chairman

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR THURSDAY, MARCH 7, 1991
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 35th Legislative Day as enumerated below:
HR 347 Jt. St. Comm. on Fines & Forfeitures & Advisory Council; Create HR 432 No Pass, No Play; Urge State Board of Education to Revise Policy HR 443 Veterans Armed Forces Honor Commission; Create HR 444 Eugene Talmadge Memorial Bridge; Continuation of Name; Support
SB 39 Credit Card Purchases; Prohibit Telephone Number Requirement SB 68 Personal Assistance Prog, for Persons W/Disabilities; Provisions SB 72 Extortion by Public Office; Criminal Offense SB 82 Real Estate Appraisers; License; Qualifications SB 87 Medical Records; Access by Long-Term Care Ombudsman or DHR SB 94 Georgia Hazardous Waste Management Authority; Composition SB 110 Insurance; Amend Provisions SB 120 Bingo; Licensing Requirements SB 143 Medical Consent; Certain Persons; Authorization SB 160 Auctioneers; License Requirement; Continuing Education SB 161 Auctioneers; Ed., Research, & Recovery Fund; Create SB 163 Charitable Organizations; Financial Statements SB 235 Certain Facilities; Violations; Actions by DHR SB 238 Civil Practice; Continuances; Party in Armed Forces SB 279 Local Governments; Officers and Employees; Defenses

THURSDAY, MARCH 7, 1991

1867

SB 281 Hospital Authorities; Certain Organizations; Assistance SB 309 Insurance; Public Adjusters; Authority SB 311 Agriculture, Crops, Farm Products, Etc.; Define in Code
SR 201 H. 0. Flipper; Issuance of Postage Stamp; Urge U. S. Postmaster
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Lee of the 72nd
Chairman

By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:

HB 983. By Representatives Buck of the 95th, Smyre of the 92nd, Culbreth of the 97th, Harris of the 96th, Moultrie of the 93rd and others:
A bill to provide a homestead exemption from Muscogee County ad valorem taxes for county purposes and from Muscogee County School District taxes for educational purposes in the amount of $67,200.00 on the homestead of certain disabled veterans.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Abernathy Y Adams Y Aiken
Alford Y Atkins Y Baker Y Balkcom Y Barfoot
Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beatty Y Benefield
Birdsong Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Y Brown
Y Brush YBuck
Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Chafm Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.H

Clark.L Y Coker
Y Coleman Colwell
Connell Y Culbreth Y Cummings.B
Cummings.M N Davis.G
Davis.M Dixon.H Y Dixon.S Dobbs Y Dover Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd.J.W Y Flynt
Y Godbee Y Golden
Y Goodwin Y Green Y Greene
Griffin Y Groover Y Hamilton Y Hammond
Hanner Y Harris.B Y Harris,J Y Heard Y Henson

Y Herbert Y Hightower
Holland Holmes Y Howard Hudson Ylrwin Y Jackson
Jamieson Y Jenkins Y Jones Y Kilgore YKing
Kingston Y Klein YLadd Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson YLee YLong YLord
Lucas Y Lupton Y Mann
Martin
Y McCoy McKelvey McKinney.B
Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills

Y Mobley Y Moody Y Morsberger Y Moultrie
Y Mueller Oliver.C Oliver.M
YOrr Or rock
Y Padgett Y Parham N Parrish Y Patten Y Pelote Y Perry
Y Pettit Y Pinholster Y Pinkston
YPoag Porter
Y Poston Powell.A
Y Powell.C Y Purcell
Randall YRay
Reaves Redding Ricketson Y Royal Selman Y Sherrill
Y Simpson Sinkfield
Y Skipper Y Smith.L

Y Smith,? Y Smith.T
Smith.W Y Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley
Stephens Y Streat Y Taylor Y Teper Y Thomas.C
Thomas.M Y Thomas.N
Thurmond Y Titus
Tolbert Y Townsend Y Turnquest
Y Valenti Vaughan
Y Walker.J Y Walker.L Y Wall YWare Y Watson Y Watts
White Y Wilder Y Williams,B Y Williams,J Y Williams,R Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 132, nays 2. The Bill, having received the requisite two-thirds constitutional majority, was passed.

1868

JOURNAL OF THE HOUSE,

Representative Davis of the 45th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 986. By Representatives Buck of the 95th, Smyre of the 92nd, Culbreth of the 97th, Harris of the 96th, Moultrie of the 93rd and others:
A bill to provide for homestead exemptions from Muscogee County ad valorem taxes for county purposes and from Muscogee County School District ad valorem taxes for educational purposes for certain residents of that county and school district.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Abernathy Y Adams Y Aiken
Alford Y Atkins Y Baker Y Balkcom Y Barfoot
Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beatty Y Benefield
Birdsong Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Chafin Y Chambless
Y Cheeks Y Childers
Y Clark,E Y Clark.H

Clark,L Y Coker
Y Coleman Colwell Connell
Y Culbreth Y Cummings.B
Cummings,M N Davia.G
Davis.M Dixon.H Y Dixon,S
Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt
YGodbee Y Golden Y Goodwin
Y Green Y Greene
Griffin Y Groover Y Hamilton Y Hammond
Manner Y Harris.B Y Harris,J Y Heard Y Henson

Y Herbert Y Hightower
Holland Holmes
Y Howard Hudson
Ylrwin Y Jackson
Jamieson Y Jenkins Y Jones Y Kilgore YKing
Kingston Y Klein YLadd Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson YLee YLong YLord
Lucas Y Lupton YMann
Martin Y McCoy
McKelvey McKinney.B
Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills

Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C Oliver.M YOrr Orrock Y Padgett Y Parham N Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag
Porter
Y Poston
Powell.A Y Powell.C
Y Purcell Randall
YRay Reaves Redding Ricketson
Y Royal Selman
Y Sherrill Y Simpson
Sinkfield Y Skipper Y Smith.L

Y Smith.P Y Smith.T
Smith.W Y Smyre
YSnow Y Stancil.F Y Stancil.S Y Stanley
Stephens Y Streat Y Taylor Y Teper Y Thomas.C
Thomas.M Y Thomas.N
Thurmond Y Titus
Tolbert Y Townsend Y Turnquest
Twiggs Y Valenti
Vaughan Y Walker,J Y Walker.L Y Wall Y Ware Y Watson
Y Watts White
Y Wilder
Y Williams.B Y Williams,J Y Williams.R Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 132, nays 2. The Bill, having received the requisite two-thirds constitutional majority, was passed.

Representative Davis of the 45th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

SB 207. By Senator Edge of the 28th:
A bill to amend an Act which provides a homestead exemption for each resident of Spalding County who is totally disabled or 62 years of age or older and who has less than $12,500.00 per year of specified income so as to provide that such disabled persons will have to substantiate their eligibility for the exemption on a yearly basis.

THURSDAY, MARCH 7, 1991

1869

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Abernathy Y Adams Y Aiken
Alford Y Atkins Y Baker
Y Balkcom Y Barfoot
Bargeron Y Barnett.B Y Barnett,M Y Bates
Y Beatty Y Benefield
Birdsong Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark,H

Clark.L Y Coker Y Coleman
Colwell Connell Y Culbreth Y Cummings.B Cummings.M
N Davis.G Davis.M Dixon.H
Y Dixon,S
Dobba Y Dover
Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W
YFlynt
Y Godbee Y Golden Y Goodwin Y Green Y Greene
Griffin Y Groover Y Hamilton Y Hammond
Manner Y Harris.B Y Harris.J Y Heard Y Henson

Y Herbert Y Hightower
Holland Holmes Y Howard Hudson Ylrwin Y Jackson Jamieson Y Jenkins Y Jones Y Kilgore YKing Kingston Y Klein YLadd Y Lane.D Y Lane.R Langford Y Lawrence Y Lawson YLee
YLong YLord
Lucas Y Lupton YMann
Martin Y McCoy
McKelvey McKinney,B Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills

Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C Oliver ,M YOrr Orrock
Y Padgett Y Parham N Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston
YPoag Porter
Y Poston
Powell.A Y Powell.C
Y Purcell Randall
YRay
Reaves Redding Ricketson Y Royal Selman Y Sherrill Y Simpson Sinkfield Y Skipper Y Smith,L

Y Smith.P Y Smith.T
Smith.W Y Smyre Y Snow Y Stancil.F
Y Stancil.S Y Stanley
Stephens Y Streat Y Taylor Y Teper
Y Thomas.C Thomas.M
Y Thomas.N Thurmond
Y Titus Tolbert
Y Townsend Y Turnquest
Twiggs Y Valenti
Vaughan Y Walker,J Y Walker.L Y Wall Y Ware Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams,J Y Williams.R
Y Yeargin Murphy.Spkr

On the passage of the Bill, the ayes were 132, nays 2. The Bill, having received the requisite two-thirds constitutional majority, was passed.

Representative Davis of the 45th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 967. By Representatives Barnett of the 59th, Breedlove of the 60th, Lawson of the 9th, Orr of the 9th and Jackson of the 9th:
A bill to amend an Act creating the Recorder's Court of Gwinnett County, so as to provide for the appointment of the solicitor; to change the provisions relating to the compensation of the solicitor and assistant solicitors.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 132, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 974. By Representative Barnett of the 10th:
A bill to amend an Act providing for the compensation of the chairman and members of the board of education of Forsyth County, so as to raise the maximum number of days of per diem that the members may receive each month.

1870

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 132, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 975. By Representative Mobley of the 64th: A bill to create the City of Grayson Water Authority.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 132, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 977. By Representatives Vaughan of the 20th, Coker of the 21st, Aiken of the 21st, Clark of the 20th (Post 3), Wilder of the 21st and others:
A bill to create the Cobb Year 2000 Commission.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 132, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 978. By Representative Smith of the 78th:
A bill to amend an Act providing a new charter for the City of Barnesville, so as to change the date of the municipal general election.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 132, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 979. By Representative Carrell of the 65th:
A bill to amend an Act providing that the judge of the Probate Court of Walton County shall serve as chief magistrate of the Magistrate Court of Walton County, so as to provide that as of a certain date the judge of the probate court shall no longer serve as the chief magistrate.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 132, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 980. By Representatives Alford of the 57th, Irwin of the 57th and Henson of the 57th:
A bill to create the Conyers-Rockdale Amateur Athletics Authority.

THURSDAY, MARCH 7, 1991

1871

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 132, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 987. By Representatives Jamieson of the llth and Dover of the llth:
A bill to amend an Act incorporating the City of Toccoa, so as to change and extend the corporate limits of said city.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 132, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 988. By Representative Perry of the 5th: A bill to create the Board of Commissioners of Chattooga County.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 132, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 989. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th:
A bill to amend the "Douglasville-Douglas County Water and Sewer Authority Act," so as to provide a definition; to authorize the authority to inspect certain on-site sewage disposal systems; to provide for the right of entry on land.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 132, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 991. By Representative Breedlove of the 60th:
A bill to amend an Act creating a new charter for the City of Duluth, so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmembers.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 132, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

1872

JOURNAL OF THE HOUSE,

HB 995. By Representatives Williams of the 48th, Tolbert of the 58th, Sherrill of the 47th, Williams of the 54th, Alford of the 57th and others:
A bill to amend an Act providing for the determination of millage rates by the governing authorities of DeKalb County and the DeKalb County School District, so as to change the date on which the tax commissioner is to certify certain property tax information to the governing authorities.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 132, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 996. By Representatives Alford of the 57th, Irwin of the 57th, Henson of the 57th, Tolbert of the 58th, Redding of the 50th and others:
A bill to amend an Act to impose certain requirements and limitations upon ad valorem taxes levied by DeKalb County to finance the provision of certain governmental services, known as the "DeKalb County Special Services Tax Districts Act," so as to authorize the governing authority of any municipality lying wholly or partially in DeKalb County to provide by resolution that such municipality shall not constitute a special services tax district and shall not be subject to certain provisions of law.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 132, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 997. By Representatives Valenti of the 52nd, Oliver of the 53rd, Henson of the 57th, Redding of the 50th, Alford of the 57th and others:
A bill to amend an Act creating the State Court of DeKalb County, so as to change certain fees.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 132, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 998. By Representatives Redding of the 50th, Henson of the 57th, Oliver of the 53rd, Valenti of the 52nd, Baker of the 51st and others:
A bill to amend an Act to authorize and direct the chairman and board of commissioners of DeKalb County to create the DeKalb County Community Relations Commission, so as to provide that members may serve no more than three consecutive terms.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 132, nays 2.

THURSDAY, MARCH 7, 1991

1873

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

SB 257. By Senators Starr of the 44th and Collins of the 17th:
A bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, as amended, so as to change the compensation of the deputy clerk of the superior court; to provide for the application of civil service benefits; to provide an effective date.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 132, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

SB 258. By Senators Starr of the 44th and Collins of the 17th:
A bill to amend an Act creating the State Court of Clayton County, as amended, so as to change the compensation of the deputy clerk of said court; to provide for the application of civil service benefits; to provide an effective date.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 132, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

SB 361. By Senator Edge of the 28th:
A bill to amend an Act creating a new charter for the City of Griffin, as amended, so as to define the taxation and finance powers of the board of commissioners; to provide that certain property in the homestead of each resident of the City of Griffin who is totally disabled or who is 62 years of age or older and who has less than $12,500.00 of specified income during the preceding calendar year shall be entirely exempt from City of Griffin ad valorem taxation; to provide the amounts of and qualifications for said exemptions.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 132, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

SB 401. By Senator Starr of the 44th:
A bill to amend an Act creating the State Court of Clayton County, as amended, so as to change the compensation of the judges of said court; to provide an effective date.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 132, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

1874

JOURNAL OF THE HOUSE,

SB 402. By Senator Starr of the 44th:
A bill to amend an Act incorporating the City of Riverdale, as amended, so as to remove certain property from the corporate limits of the city.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 132, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

SB 403. By Senator Starr of the 44th:
A bill to amend an Act creating the board of commissioners of Clayton County, as amended, so as to change the provisions relating to the compensation of the chairman; to provide an effective date.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 132, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

SB 404. By Senator Starr of the 44th:
A bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, as amended, so as to change the provisions relating to the salary of the sheriff and clerk of the superior court; to provide an effective date.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 132, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

SB 405. By Senator Starr of the 44th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, as amended, so as to change the provisions relating to the salary of the tax commissioner; to provide an effective date.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 132, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

SB 406. By Senator Starr of the 44th:
A bill to amend an Act creating the State Court of Clayton County, as amended, so as to change the compensation of the solicitor of said court; to provide an effective date.

THURSDAY, MARCH 7, 1991

1875

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 132, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

SB 419. By Senator Kidd of the 25th:
A bill to amend an Act making provisions for the Magistrate Court of Putnam County, as amended, so as to change the number of magistrates for said court; to provide for the appointment of the additional magistrate and his term of office; to change the provisions relating to compensation of the magistrates other than the chief magistrate.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 132, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

SB 428. By Senators Hasty of the 51st and Clay of the 37th:
A bill to amend an Act known as the "Cherokee County Water and Sewerage Authority Act," as amended, so as to change the membership of the authority; to provide for appointment of members; to provide for a quorum; to provide for qualifications; to provide for additional powers, duties, and responsibilities; to provide for applicability.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 132, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House:

HB 264. By Representative Twiggs of the 4th:
A bill to amend Part 1 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to the equalization of assessments of property for ad valorem tax purposes, so as to provide that county property appraisal staff and members of county boards of tax assessors may go upon property outside of buildings to carry out the duty of making appraisals of the fair market value of taxable property.

HB 483. By Representatives Cummings of the 17th and Floyd of the 135th:
A bill to amend Code Section 47-9-76 of the Official Code of Georgia Annotated, relating to postretirement cost-of-living benefit adjustments for members of the Superior Court Judges Retirement System, so as to provide for voluntary withdrawal from eligibility for such adjustments.

1876

JOURNAL OF THE HOUSE,

HB 546. By Representatives Childers of the 15th and Barnett of the 10th:
A bill to amend Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to state health planning, so as to change the provisions whereby certain revocation orders of the Department of Human Resources will operate to revoke automatically a health care facility's certificate of need or authorization to operate.

HB 607. By Representative Lane of the 27th:
A bill to amend an Act authorizing municipal corporations in this state having a population of more than 400,000 according to the last or any future federal decennial census, to become self-insurers under the provisions of the law relating to the purchase of insurance covering injuries resulting from the governmental ownership of motor vehicles, so as to change the population figures.

HB 706. By Representatives Balkcom of the 140th, Meadows of the 91st, Moultrie of the 93rd and McKelvey of the 15th:
A bill to amend Code Section 12-3-10 of the Official Code of Georgia Annotated, relating to prohibited acts within parks, historic sites, and recreational areas, so as to make parking of vehicles in certain places unlawful.

HB 709. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Alford of the 57th:
A bill to amend Chapter 9 of Title 12 of the Official Code of Georgia Annotated, "The Georgia Air Quality Act of 1978," so as to change provisions relating to fees charged as a condition of any permit required by the chapter.

HB 804. By Representative Lane of the 27th:
A bill to amend Article 3 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia State Games Commission, so as to change the provisions relating to membership of the commission.

SB 226. By Senator Shumake of the 39th:
A bill to amend an Act creating the Board of Commissioners of Fulton County, as amended, so as to limit the chairman of the board of commissioners to two consecutive four-year terms of office.

SB 300. By Senator Shumake of the 39th:
A bill to amend the "Metropolitan Atlanta Rapid Transit Authority Act of 1965", as amended, so as to change certain provisions regarding appointment of fact finders, binding interest arbitration, and resolution of wage issue disputes; to provide an effective date.

SB 442. By Senator Johnson of the 47th:
A bill to create a new board of commissioners of Franklin County; to provide for a chairman, members, elections, qualifications, districts, terms, and election procedures; to provide that the members of the former advisory board shall be initial members of the board of commissioners; to provide for vacancies; to provide for oaths of office and surety bonds; to provide for a clerk; to provide for meetings; to provide for a county attorney; to provide for the compensation of the chairman and members of the board.

THURSDAY, MARCH 7, 1991

1877

SB 443. By Senator White of the 48th:
A bill to provide a homestead exemption from all City of Sugar Hill ad valorem taxes for any city purposes, including but not limited to taxes to retire bonded indebtedness, in the amount of $2,000.00 of the assessed value of the homestead for residents of the City of Sugar Hill; to provide for an exception with respect to land in excess of one acre; to specify the terms and conditions of the exemption and the procedures relating thereto.
HB 657. By Representative Alford of the 57th:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," so as to provide that the interest income from certain reserve funds may be used to pay operating costs until June 30, 1994.

HB 841. By Representatives Snow of the 1st, Perry of the 5th and McCoy of the 1st: A bill to create the board of commissioners of Dade County.
HB 866. By Representative Moultrie of the 93rd: A bill to amend an Act creating a new charter for the City of Hamilton, so as to increase the amount of the fine and the length of the sentence of imprisonment which may be imposed by the mayor's court in certain circumstances.
HB 873. By Representatives Brush of the 83rd and Harris of the 84th: A bill to amend an Act providing for the election of members of the board of education of Columbia County, so as to provide that future school superintendents shall be appointed by the board of education.

HB 874. By Representative Oliver of the 121st: A bill to amend an Act creating a new charter for the City of Glennville, so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmembers.
HB 877. By Representatives Clark of the 20th (Post 4), Coker of the 21st, Atkins of the 21st, Klein of the 21st, Clark of the 20th (Post 3) and others:
A bill to amend an Act making provisions for the Magistrate Court of Cobb County, so as to provide qualifications for the chief magistrate, full-time magistrates, and part-time magistrates.
HB 882. By Representatives Alford of the 57th, Baker of the 51st, Turnquest of the 56th, Oliver of the 53rd, Thomas of the 55th and others:
A bill to create the City of DeKalb Study Commission.
HB 884. By Representative Beatty of the 12th:
A bill to provide a new charter for the City of Commerce.
HB 885. By Representative Branch of the 137th:
A bill to amend an Act creating the board of commissioners of Irwin county, so as to authorize the board to enter into such contracts and agreements as the board determines appropriate or necessary for the purpose of the county's owning, leasing, or operating a correctional facility as a private, commercial enterprise to house and care for certain inmates other than county prisoners.

1878

JOURNAL OF THE HOUSE,

HB 887. By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st:
A bill to amend an Act creating the State Court of Carroll County, so as to change the compensation of the judge of said court.

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

HB 5. By Representative Childers of the 15th:
A bill to amend Code Section 31-11-30 of the Official Code of Georgia Annotated, relating to license requirements for an ambulance service, so as to provide that no person shall make use of the word "ambulance" or otherwise hold oneself out to be an ambulance service without having a valid license.

HB 70. By Representatives Thomas of the 69th and Groover of the 99th:
A bill to amend Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to cases in which an application for an appeal is required, so as to change the provisions relating to appeals in actions for damages in which the judgement is less than a certain dollar amount.

HB 272. By Representative Pettit of the 19th:
A bill to amend Chapter 11 of Title 25 of the Official Code of Georgia Annotated, known as the "Georgia Fire Sprinkler Act," so as to change the definition of the terms "fire protection sprinkler system" and "water-spray system"; to provide that the installation or repair of any underground facilities or piping which connects to and furnishes water for the fire protection sprinkler system or water-spray system shall be performed only by a utility contractor or fire protection sprinkler contractor.

HB 279. By Representatives Dunn of the 73rd, Pinkston of the 100th, Childers of the 15th, Groover of the 99th, Connell of the 87th and others:
A bill to amend Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance, so as to prohibit certain provisions relating to the utilization and reimbursement of out-of-state mail order pharmacies in group or blanket accident and sickness insurance policies or preferred provider arrangements under such policies.

HB 292. By Representative Reaves of the 147th:
A bill to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to enact the "Equine Activities Immunity Act".

HB 399. By Representatives Oliver of the 53rd, Felton of the 22nd, Sinkfield of the 37th, Herbert of the 76th, Selman of the 32nd and others:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children, so as to create the Georgia Child Care Council and provide for its duties and composition.

HB 413. By Representatives Dover of the llth, Godbee of the 110th and Royal of the 144th:
A bill to amend Article 5 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to current income tax payment, so as to change certain provisions regarding the filing of monthly and quarterly returns.

THURSDAY, MARCH 7, 1991

1879

HB 465. By Representatives Breedlove of the 60th, Jackson of the 9th, Lawson of the 9th, Beatty of the 12th and Wall of the 61st:
A bill to amend Code Section 13-10-1 of the Official Code of Georgia Annotated, relating to bonds or other security required for public works contracts, so as to provide for the forfeiture of a bid bond, proposal guaranty, or other security in certain cases involving bids by affiliated corporations.

HB 856. By Representatives Walker of the 113th and Watson of the 114th:
A bill to amend an Act incorporating the City of Centerville, so as to revise provisions relating to the authority of the police court to impose fines and imprisonment; to provide that neither the mayor nor any councilmember may hold an elected or appointed office or otherwise be employed by the city.

The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House:

HB 96. By Representative Kingston of the 125th:
A bill to amend Code Section 30-4-1 of the Official Code of Georgia Annotated, relating to the rights of visually handicapped and deaf persons, so as to provide that physically disabled persons shall have the right to be accompanied by a service dog.

HB 261. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles in general, so as to provide for special license plates to commemorate the holding of the 1996 Olympic Games in the City of Atlanta and the State of Georgia.

HB 544. By Representative Martin of the 26th:
A bill to provide for the creation of one or more community improvement districts in the City of Atlanta, Georgia.

HB 658. By Representative Alford of the 57th:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," so as to provide for the preparation, filing, availability, and public notice of the Authority's annual report and certain listings.

HB 867. By Representative Ware of the 77th: A bill to provide a new board of commissioners of Heard County.

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

HR 349. By Representative Poag of the 3rd: A resolution designating the Woody Glenn Highway.

1880

JOURNAL OF THE HOUSE,

The Senate has adopted, as amended, by the requisite constitutional majority the following Resolutions of the House:

HR 286. By Representatives Smith of the 152nd, Coleman of the 118th, Benefield of the 72nd, Alford of the 57th, Walker of the 115th and others:
A resolution endorsing Amtrak's proposed resumption of passenger rail service between Chicago and Florida with extensive service through Georgia.

HR 290. By Representatives Smyre of the 92nd, McKelvey of the 15th, Griffin of the 6th, Martin of the 26th and Oliver of the 53rd:
A resolution creating the Joint Workers' Compensation Task Force.

The Senate has adopted, by substitute, by the requisite constitutional majority the following Resolutions of the House:

HR 80. By Representatives Colwell of the 4th and Twiggs of the 4th:
A resolution authorizing the grant of a nonexclusive easement for the construction, operation, and maintenance of an underground audio transmission cable in, on, over, under, upon, across, or through property owned by the State of Georgia in Fannin County and Gilmer County, Georgia.

HR 285. By Representative Lane of the 27th: A resolution creating the Airports Study Committee.

By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:

SB 226. By Senator Shumake of the 39th:
A bill to amend an Act creating the Board of Commissioners of Fulton County, as amended, so as to limit the chairman of the board of commissioners to two consecutive four-year terms of office.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 300. By Senator Shumake of the 39th:
A bill to amend the "Metropolitan Atlanta Rapid Transit Authority Act of 1965", as amended, so as to change certain provisions regarding appointment of fact finders, binding interest arbitration, and resolution of wage issue disputes; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs.

SB 442. By Senator Johnson of the 47th:
A bill to create a new board of commissioners of Franklin County; to provide for a chairman, members, elections, qualifications, districts, terms, and election procedures; to provide that the members of the former advisory board shall be initial members of the board of commissioners; to provide for vacancies; to provide for oaths of office and surety bonds; to provide for a clerk; to provide for meetings; to provide for a county attorney; to provide for the compensation of the chairman and members of the board.
Referred to the Committee on State Planning & Community Affairs - Local.

THURSDAY, MARCH 7, 1991

1881

SB 443. By Senator White of the 48th: A bill to provide a homestead exemption from all City of Sugar Hill ad valorem taxes for any city purposes, including but not limited to taxes to retire bonded indebtedness, in the amount of $2,000.00 of the assessed value of the homestead for residents of the City of Sugar Hill; to provide for an exception with respect to land in excess of one acre; to specify the terms and conditions of the exemption and the procedures relating thereto.
Referred to the Committee on State Planning & Community Affairs - Local.
By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Motor Vehicles and referred to the Committee on Insurance:
HB 918. By Representatives Ware of the 77th, Dunn of the 73rd, Ricketson of the 82nd and Williams of the 90th:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to regulate the business of renting motor vehicles.
The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:
SB 321. By Senator Kidd of the 25th:
A bill to amend an Act creating and establishing a new charter for the City of Eatonton, as amended, so as to change the corporate limits of the city.
Representative Green of the 106th moved that the House adhere to its position in substituting SB 321 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Green of the 106th, Parrish of the 109th and Parham of the 105th.
Under the general order of business, established by the Committee on Rules, the following Bill and Resolution of the House and Senate were taken up for consideration and read the third time:

HR 444. By Representative Benefield of the 72nd:
A resolution expressing the sense of the House of Representatives with respect to continuation of the name of the Eugene Talmadge Memorial Bridge.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken

Y Alford Y Atkins Y Baker

Y Balkcom Y Barfoot
Bargeron

Y Barnett.B Y Barnett,M Y Bates

Y Beatty Y Benefield Y Birdsong

1882

JOURNAL OF THE HOUSE,

Y Blitch Bordeaux Bostick
Y Branch Y Breedlove
Brooks Y Brown
Brush YBuck Y Buckner YByrd Y Campbell
Y Canty Y Carrell Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E
Clark,H Clark.L Y Coker Coleman Colwell Y Connell Y Culbreth Y Cummings.B Cummings,M Davis.G Davis.M Dixon.H
Y Dixon.S

Dobbs Y Dover
Y Dunn Y Edwards
Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W YFlynt
Godbee Y Golden Y Goodwin Y Green
Y Greene Y Griffin
Y Groover Hamilton
Y Hammond Manner
Y Harris,B Y Harris,J Y Heard
Henson Y Herbert Y Hightower
Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson
Jamieson

Y Jenkins Y Jones Y Kilgore YKing
Kingston Y Klein YLadd Y Lane,D Y Lane,R
Y Langford Lawrence
Y Lawson YLee YLong YLord
Lucas Y Lupton YMann
Martin Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam
Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie
Mueller Y Oliver.C

Y Oliver.M YOrr
Orrock Y Padgett Y Parham
Parrish Y Patten
Pelote Y Perry Y Pettit Y Pinholster
Pinkston
YPoag
Porter
Y Poston
Powell,A
Y Powell.C Y Purcell
Randall Ray Y Reaves Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson
Sinkfield Y Skipper
Smith.L Y Smith.P
Smith.T Y Smith,W

Y Smyre Y Snow Y Stancil,F Y Stancil,S
Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C
Thomas,M Y Thomas.N
Thurmond Y Titus
Tolbert Y Townsend Y Turnquest
Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L
Y Wall Y Ware Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams,J Y Williams,R Y Yeargin
Murphy,Spkr

On the adoption of the Resolution, the ayes were 136, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

Representative Davis of the 45th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Merritt of the 123rd stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

The following communication was received:

House of Representatives Atlanta, Georgia 30334
We wish to enter upon the record that the bridge, known as the Eugene Talmadge Memorial Bridge, was initally so designated by local officials of Chatham County. The bridge was primarily paid for with proceeds from tolls.
While we intend no discord nor disrespect for the memory of Eugene Talmadge and while we appreciate the State and Federal funding which made possible the construction of the new bridge to accomodate our state's vital port interests, we respectfully suggest that the people of Chatham County, through their elected representatives should have been included in discussions prior to initiation of this Resolution. Absent that, we have respectfully declined to vote either way on the resolution.
/s/ Dixon - 128th M Bordeaux - 122nd /s/ Merritt - 123rd /s/ Hamilton - 124th Is/ Kingston - 125th /s/ Mueller - 126th /s/ Pelote - 127th

THURSDAY, MARCH 7, 1991

1883

SB 110. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to provide that the offense of insurance fraud shall be a felony offense; to provide for the notification of law enforcement agencies by insurers when such insurer has knowledge of a fraudulent insurance act which has not been reported to a law enforcement agency.

The following Committee substitute was read:

A BILL
To amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to revise substantially provisions relative to insurance fraud and motor vehicle insurance; to provide that the offense of insurance fraud shall be a felony offense; to revise the definition of fraudulent insurance act; to provide for the notification of law enforcement agencies by insurers when such insurer has knowledge of a fraudulent insurance act which has not been reported to a law enforcement agency; to provide for deductibles with regard to uninsured motorist insurance; to revise provisions relative to uninsured motorist coverage and the requirement of physical contact with regard to cases in which the owner or operator of a motor vehicle causing damage is unknown; to provide a standard for insurance rates for personal private passenger motor vehicle insurance; to provide for the filing of rates, rating plans, rating systems, underwriting rules, and policy or bond forms used in writing personal private passenger motor vehicle insurance with the Commissioner of Insurance; to provide for the approval by the Commissioner of such rates, rating plans, rating systems, or underwriting rules prior to their use; to provide time limits for approval or disapproval; to provide for the submission of information to support a rate filing; to provide for certain exemptions; to provide for certain powers, duties, and authority of the Commissioner of Insurance with respect to the foregoing; to redesignate and revise provisions granting premium discounts with respect to motor vehicle insurance policies; to provide for intent; to revise provisions relative to the nonrenewal or cancellation of automobile or motorcycle insurance policies; to authorize administrative hearings and procedures in connection with such hearings; to provide for remedies and penalties; to comprehensively revise Chapter 34 of such title, the "Georgia Motor Vehicle Accident Reparations Act"; to repeal provisions requiring personal injury protection insurance coverage and related provisions; to delete references to personal injury protection insurance coverage; to authorize the Commissioner to provide procedures for settlement of first-party property damage claims under personal private passenger motor vehicle insurance policies; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to delete references and revise references to required motor vehicle insurance coverage under Chapter 34 of Title 33; to amend Part 8 of Article 8 of Chapter 14 of Title 44, relating to liens of hospitals, so as to delete a reference to Chapter 34 of Title 33; to provide for the continuation of certain coverages under motor vehicle insurance policies; to provide for notices and procedures relative thereto; to provide for rules and regulations; to provide for the filing of rates, forms, and rules; to provide for the reduction of certain motor vehicle insurance rates; to provide for hearings and orders and procedures relative thereto; to provide for other matters relative to the foregoing; to provide for applicability; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Part 1
Section 1.1. Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, is amended by striking paragraph (2) of subsection (c) of Code Section 33-1-9, relating to the offense of insurance fraud, in its entirety and inserting in its place a new paragraph (2) to read as follows:

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"(2) Where the claim, benefit, or money referred to in subsection (a) of this Code section exceeds an aggregate of $500.00, a person convicted of a violation of subsection (a) of this Code section shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years, or by a fine of not more than $5,000.00, or both."
Section 1.2. Said title is further amended by striking subsection (a) of Code Section 33-1-16, relating to the investigation of fraudulent insurance acts, and inserting in its place a new subsection (a) to read as follows:
"(a) For the purposes of this Code section, a person commits a 'fraudulent insurance act' if he knowingly:
(1) Knowingly and with intent to defraud presents, causes to be presented, or prepares with knowledge or belief that it will be presented, to or by an insurer, purported insurer, broker, or any agent thereof, any written statement as part of, or in support of, an application for the issuance of, or the rating of, an insurance policy fef outomobite insurance, or a claim for payment or other benefit pursuant to an insurance policy for automobile insurance, which he knows to contain materially false information concerning any fact material thereto or if he conceals, for the purpose of misleading another, information concerning any fact material thereto;; or
(2) Knowingly and willfully transacts any contract, agreement, or instrument which violates this title."
Section 1.3. Said title is further amended by striking subsection (g) of Code Section 33-1-16, relating to the investigation of fraudulent insurance acts, and inserting in lieu thereof new subsections (g) and (h) to read as follows:
"(g) Notwithstanding the provisions of subsection (f) of this Code section, when an insurer or an insured knows or has reasonable grounds to believe that a person committed a fraudulent insurance act and which the insurer reasonably believes not to have been reported to a law enforcement agency in this state, then, for the purpose of notification and investigation, the insurer or an agent authorized by an insurer to act on its behalf or the insured may notify such law enforcement agency of such knowledge or reasonable belief and provide such information relevant to the fraudulent insurance act, including, but not limited to, insurance policy information, including the application for insurance; policy premium payment records; history of previous claims made by the insured; and other information relating to the investigation of the claim, including statements of any person, proofs of loss, and notice of loss. In the absence of fraud or bad faith, no insurer or agent authorized by an insurer to act on its behalf, law enforcement agency, or their respective employees or an insured shall be subject to any civil liability for libel, slander, or related cause of action by virtue of filing reports or for releasing or receiving any information pursuant to this subsection. For the purposes of this Code section, the term 'law enforcement agency' shall mean and include any federal, state, county, or consolidated police or law enforcement department and any prosecuting official of the federal, state, county, local, or consolidated government. For the purposes of this Code section, the term 'insured' shall mean and include any person who is a named insured or beneficiary under a policy or contract of insurance or a person who is not a named insured or beneficiary under a policy or contract of insurance due to the fraudulent action of another but who in good faith believes himself to be such an insured or beneficiary.
{g} (h) Personnel employed by the Commissioner under this Code section shall have the power to make arrests for criminal violations established as a result of investigations only. The general laws applicable to arrests by peace officers of this state shall also be applicable to such personnel. Such personnel shall have the power to execute arrest warrants and search warrants for the same criminal violations; to serve subpoenas issued for the examination, investigation, and trial of all offenses determined by their investigations; and to arrest upon probable cause without warrant any person found in the act of violating any of the provisions of applicable laws. Personnel empowered to make arrests under this Code section shall be empowered to carry firearms or other weapons in the performance of their duties. It is unlawful for any person to resist an arrest

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authorized by this Code section or in any manner to interfere, either by abetting or assisting such resistance or otherwise interfering, with personnel employed by the Commissioner under this Code section in the duties imposed upon them by law."
Section 1.4. Said title is further amended by striking paragraph (2) of subsection (a) of Code Section 33-7-11, relating to motor vehicle insurance coverage of claims against uninsured motorists, in its entirety and inserting in its place a new paragraph (2) to read as follows:
"(2) The coverage for injury to e* destruction ef property ef the insured, as provided \~i-/ ot tins suoscciion, ncisy provide SR exclusion of not more Lii&n trie iirst
bodily injury or death or for injury to or destruction of property of the insured, as provided in paragraph (1) of this subsection, may be subject to deductible amounts as follows:
(A) For bodily injury or death, deductibles of $250.00, $500.00, or $1,000.00, at the option of any named insured in the policy. Deductibles above $1,000.00 may be offered, subject to approval of the Commissioner;
(B) For injury to or destruction of property of the insured, deductibles of $250.00, $500.00, or $1,000.00, at the option of any named insured in the policy. Deductibles above $1,000.00 may be offered, subject to the approval of the Commissioner;
(C) Deductible amounts shown in subparagraphs (A) and (B) of this paragraph may not be reduced below $250.00;
(D) Deductible amounts shown in subparagraphs (A) and (B) of this paragraph shall be made available at a reduced premium; and
(E) Where an insurer has combined into one single limit the coverages required under paragraph (1) of this subsection, any deductible selected under subparagraphs (A) and (B) of this paragraph shall be combined and the resultant total shall be construed to be a single aggregate deductible."
Section 1.5. Said title is further amended by striking paragraph (2) of subsection (b) of Code Section 33-7-11, relating to motor vehicle insurance coverage for claims against uninsured motorists, in its entirety and inserting in its place a new paragraph (2) to read as follows:
"(2) A motor vehicle shall be deemed to be uninsured if the owner or operator of the motor vehicle is unknown. In those cases, recovery under the endorsement or provisions shall be subject to the conditions set forth in subsections (c) through (j) of this Code section and, in order for the insured to recover under the endorsement where the owner or operator of any motor vehicle which causes bodily injury or property damage to the insured is unknown, actual physical contact must have occurred between the motor vehicle owned or operated by the unknown person and the person or property of the insured. Such physical contact shall not be required if the description by the claimant of how the occurrence occurred is corroborated by an eyewitness to the occurrence other than the any claimant for benefits provided under the endorsement or policy provisions."
Section 1.6. Said title is further amended by striking paragraph (2) of Code Section 33-9-4, relating to the standards applicable to the making and use of rates, in its entirety and inserting in its place a new paragraph (2) to read as follows:
"(2) No rate shall be held to be excessive unless such rate is unreasonably high for the insurance provided and a reasonable degree of competition does not exist in the area with respect to the classification to which such rate is applicable; provided, however, with respect to rate filings involving an increase in rates, no rate for personal private passenger motor vehicle insurance shall be held to be excessive unless such rate is unreasonably high for the insurance provided;"
Section 1.7. Said title is further amended by striking subsections (b) and (c) of Code Section 33-9-21, relating to the filing of certain rates, plans, rating systems, or underwriting rules with the Commissioner of Insurance, and inserting in their places new subsections (b) through (f), respectively, to read as follows:

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"(b) Any domestic, foreign, or alien insurer that is authorized to write insurance in this state must file with the Commissioner any rate, rating plan, rating system, or underwriting rule at least 46 days prior te any indicated effective date for all personal private passenger motor vehicle insurance. No such rate, rating plan, rating system, or underwriting rule will become effective, nor may any premium be collected by any insurer thereunder, unless the filing has been received by the Commissioner in his office net less than 45 days prior te its effective date and such filing has been approved by the Commissioner or a period of 45 days has elapsed from the date such filing was received by the Commissioner during which time such filing has not been disapproved by the Commissioner. The Commissioner shall be authorized to extend such 45 day period by ten business days at his discretion. If a filing is disapproved, notice of such disapproval order shall be given, specifying in what respects such filing fails to meet the requirements of this chapter. The filer shall be given a hearing upon written request made within 30 days after the issuance of the disapproval order. In connection with any hearing or judicial review with respect to the approval or disapproval of such rates, the burden of persuasion shall fall upon the affected insurer or insurers to establish that the challenged rates are adequate, not excessive, and not unfairly discriminatory. After such a hearing, the Commissioner may affirm, modify, or reverse his previous action. The requirement of approval or disapproval of a rate filing by the Commissioner under this subsection shall not prohibit actions by the Commissioner regarding compliance of such rate filing with the requirements of Code Section 33-9-4 brought after such approval or disapproval.
(c) When a rate filing of an insurer required in this Code section results in any over8ii fflte incpeflsc of T^y percent 01* more witnin ftny TS mont.ii period? trie tr
reserves, the applicability ef the etekn reserve practices for the less data used in support Or sucji tiling, finu fliiy otiici* component of tne Ffltc filing* provided, tiowevci*( tnftt m
the Commiasioncr affirmatively determines that he has sufficient information te evaluate 9ucn rflte incFCQsc oiid tilfit cftC' cost tfiereor would mot oe justified^ lie nifty wflivc fill or port of sucn 6X iixiiiifiiioii> *R cm owicr pfttc tilings PCQUired iR Tins Oodc sect/ioRj trie Commissioner may erder an examination ef that insurer as provided in this subsection. Saeh examination shall be conducted in accordance with- the provisions of Chapter ef this title. Upon notification by the Commissiener ef his intent te conduct such examine

Stteh examination, if conducted by the Commissioner, shatt be reviewed and certified within 96 days ef the date saeh rate? rating plan, rating system, ef underwriting nrie i iiiGdj providedj 110wevcr> tr trie ooinixiissioii i> Hiftlccs &n QIiirmfltive finding tnftt tile cxo.niirifl11OH nifty not De completed witrun tne yu tfty period, ne nifty extend s&id time fer an additional 66 days under subsection (b) of this Code section is not accompanied by the information upon which the insurer supports the filing and the Commissioner does not have sufficient information to determine whether the filing meets the requirements of this chapter, the insurer shall be required to furnish such information and in such event the 45 day period provided for in subsection (b) of this Code section shall commence as of the date such information is furnished.
(d) Any domestic, foreign, or alien insurer that is authorized to write insurance in this state must file with the Commissioner any rate, rating plan, rating system, or underwriting rule at least 45 days prior to any indicated effective date for all insurance other than personal private passenger motor vehicle insurance. No rate, rating plan, rating system, or underwriting rule required to be filed under this subsection will become effective, nor may any premium be collected by any insurer thereunder, unless the filing has been received by the Commissioner in his office not less than 45 days prior to its effective date.
(e) When a rate filing of an insurer required under subsection (d) of this Code sec-
tion results in any overall rate increase of 10 percent or more within any 12 month
period, the Commissioner shall order an examination of that insurer to determine the

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accuracy of the claim reserves, the applicability of the claim reserve practices for the loss data used in support of such filing, and any other component of the rate filing; provided, however, that in the event the overall increase is less than 25 percent within any 12 month period and the Commissioner affirmatively determines that he has sufficient information to evaluate such rate increase and that the cost thereof would not be justified, he may waive all or part of such examination. In all other rate filings required in this Code section, the Commissioner may order an examination of that insurer as provided in this subsection. Such examination shall be conducted in accordance with the provisions of Chapter 2 of this title. Upon notification by the Commissioner of his intent to conduct such examination, the insurer shall be prohibited from placing the rates so filed in effect until such examination has been reviewed and certified by the Commissioner as being complete. Such examination, if conducted by the Commissioner, shall be reviewed and certified within 90 days of the date such rate, rating plan, rating system, or underwriting rule is filed; provided, however, if the Commissioner makes an affirmative finding that the examination may not be completed within the 90 day period, he may extend said time for an additional 60 days. Any examination required under this Code section shall be conducted in accordance with Chapter 2 of this title.
(f) Notwithstanding the provisions of subsection (d) of this Code section, in the event the filing of any rate, rating plan, rating system, or underwriting rule under subsection (d) of this Code section is not necessary, in the judgment of the Commissioner, to accomplish the purposes of this chapter as set forth in Code Section 33-9-1, then the
Commissioner may exempt all domestic, foreign, and alien insurers from being required to file such rate, rating plan, rating system, or underwriting rule."
Section 1.8. Said title is further amended by adding at the end of Chapter 9, relating to the regulation of rates, underwriting rules, and related organizations, three new Code
sections, to be designated Code Sections 33-9-42, 33-9-43, and 33-9-44, to read as follows: "33-9-42. (a) For each personal or family-type policy of private passenger motor
vehicle insurance issued or issued for delivery in this state, there shall be offered by the insurer a reduction of not less than 10 percent in premiums for motor vehicle liability, first-party medical, and collision coverages to the policyholder if all named drivers, as
listed or who should be listed on the policy application or provided in information subsequent to such application, of each motor vehicle covered by such policy satisfy the
requirements of subsection (b) of this Code section. (b) Reductions in premiums shall be available if all named drivers:
(1) Have committed no traffic offenses for the prior three years; (2) Have had no claims based on fault against an insurer for the prior three years;
and (3) Complete one of the following types of driving courses: (A) A course in defensive driving of not less than six hours from a driver
improvement clinic or commercial or noncommercial driving schools approved by and under the jurisdiction of the Department of Public Safety;
(B) An emergency vehicles operations course at the Georgia Public Safety Train-
ing Center; or (C) A course in defensive driving of not less than six hours from a driver
improvement program which is administered by a nonprofit organization such as the American Association of Retired People, the American Automobile Association, the
National Safety Council, or a comparable organization and which meets the standards promulgated by the Department of Public Safety pursuant to subsection (f)
of this Code section. (c) Upon completion of one of the driving courses specified in paragraph (3) of sub-
section (b) of this Code section by each named driver, eligibility for reductions in premiums for such policy shall continue for a period of three years, provided any named
driver under such policy does not commit a traffic offense or have a claim against the policy based on any such driver's fault.
(d) The Department of Public Safety shall assure through the supervision of driver improvement clinics, emergency vehicles operations courses, driver improvement pro-
grams administered by nonprofit organizations, and commercial or noncommercial driving schools approved by the Department of Public Safety that defensive driving courses

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shall be available and accessible wherever practicable as determined by the department to licensed drivers throughout the state.
(e) Each insurer providing premium discounts under this Code section shall provide, upon the request of the Commissioner, information regarding the amount of such discounts in a form acceptable to the Commissioner.
(f) The power of supervision granted to the Department of Public Safety over driver improvement programs administered by nonprofit organizations under this Code section shall be limited to the establishment of minimum standards and requirements relative to the content of specific courses offered by such programs and relative to investigation and resolution of any complaints directed towards the content or operation of any course by a person enrolled in such course. The Department of Public Safety may adopt rules and regulations necessary to carry out the provisions of this subsection. The Department of Public Safety shall not require a nonprofit organization to obtain a license or permit or to pay a fee in order to administer a driver improvement program in the state. The Department of Public Safety shall not require a commercial driving school licensed by such department to obtain an additional license to teach a defensive driving course, as described in subparagraph (b)(3)(A) of this Code section, at any location in this state.
(g) Nothing in this Code section shall prevent an insurer from offering the reduction in premium specified in subsection (a) of this Code section to a driver who does not meet all of the requirements of subsection (b) of this Code section.
33-9-43. (a) For each personal or family-type policy of private passenger motor vehicle insurance issued, delivered, issued for delivery, or renewed on or after October 1, 1991, there shall be offered by the insurer a reduction in the premium for motor vehicle liability, first-party medical, and collision coverage for each named driver under 25 years of age, as listed on the policy application or provided in information subsequent to such application, of each motor vehicle covered by such policy, if that driver:
(1) Is unmarried; (2) Is enrolled as a full-time student in:
(A) High school in the junior or senior year; (B) Academic courses in a college or university; or (C) Vocational technical school; (3) Is an honor student because the scholastic records for the immediately preceding quarter, semester, or comparable segment show that such person: (A) Ranks scholastically in the upper 20 percent of the class; (B) Has a 'B' average or better; (C) Has a 3.0 average or better; or (D) Is on the 'Dean's List' or 'Honor Roll'; and (4) Is a driver whose use of the automobile is considered by the insurer in determining the applicable classification. (b) Proof of meeting the requirements for the discount provided by this Code section shall be provided annually to the insurer by the insured student or policyholder upon such forms as the Commissioner shall prescribe. The premium reduction required by this Code section shall be approved by the Commissioner and reflected in the insurer's automobile rating plan. (c) An insurer shall not be required to offer the premium reduction provided in subsection (a) of this Code section to a driver who, at any time within a period of three years prior to the beginning of the policy year during which that reduction is otherwise required, has:
(1) Been involved in any motor vehicle accident in which that person has been determined to have been at fault;
(2) Been finally convicted of, pleaded nolo contendere to, or been found to have committed a delinquent act constituting any of the following offenses:
(A) Any serious traffic offense described in Article 15 of Chapter 6 of Title 40;
(B) Any traffic offense for which three or more points may be assessed pursuant to Code Section 40-5-57; or
(C) Any felony or any offense prohibited pursuant to Chapter 13 of Title 16, relating to dangerous drugs, marijuana, and controlled substances; or

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(3) Had that person's driver's license suspended for refusal to submit to chemical tests pursuant to Code Section 40-5-55 and that suspension has not been reversed, if appealed from. 33-9-44. It is specifically intended that the discounts provided in Code Sections 33-9-42 and 33-9-43 shall be provided by the insurer to any person who qualifies for such discounts. It is further intended that any similar discounts granted to qualified persons under Chapter 34 of this title as such chapter existed on September 30, 1991, shall not be discontinued nor duplicated by the enactment of Code Sections 33-9-42 and 33-9-43 for policies in effect on September 30, 1991."
Section 1.9. Said title is further amended by striking paragraph (2) of subsection (b) of Code Section 33-24-45, relating to the cancellation or nonrenewal of policies of automobile or motorcycle insurance, and inserting in its place a new paragraph (2) of subsection (b) to read as follows:
"(2) 'Renewal' means issuance and delivery by an insurer er affiliate ef such inef of a policy superseding at the end of the policy period a policy previously issued and delivered by the same insurer and providing no less than the coverage contained in the superseded policy or issuance and delivery of a certificate or notice extending the term of a policy beyond its policy period or term or the extension of the term of a policy beyond its policy period or term pursuant to a provision for extending the policy by payment of a continuation premium; provided, however, that any policy with a policy period or term of less than six months shall, for the purpose of this Code section, be considered to have successive policy periods ending each six months following its original date of issue and, regardless of its wording, any interim termination by its terms or by refusal to accept premium shall be a cancellation subject to this Code section, except in case of termination under any of the circumstances specified in subsection (f) of this Code section; provided, further, that, for purposes of this Code section, any policy written for a term longer than one year or any policy with no fixed expiration date shall be considered as if written for successive policy periods or terms of one year and any termination by an insurer effective on an anniversary date of the policy shall be deemed a refusal to renew."
Section 1.10. Said title is further amended by striking paragraph (2) of subsection (e) of Code Section 33-24-45, relating to the cancellation or nonrenewal of policies of automobile or motorcycle insurance, and inserting in its place a new paragraph (2) of subsection (e) to read as follows:
"(2) The insurer shall provide specify in writing the reason or reasons for such nonrenewal as required by Chapter 39 of this title."
Section 1.11. Said title is further amended by striking subparagraph (e)(3)(H) of Code Section 33-24-45, relating to the cancellation or nonrenewal of policies of automobile or motorcycle insurance, and inserting in its place a new subparagraph (e)(3)(H) to read as follows:
"(H) Accidents or violations which occurred more than 36 months prior to the expiration date or anniversary date of the policy or solely for claims paid or payable pursuant to the policy during the preceding 36 month period which did not aggregate in an amount in excess of $750.00;"
Section 1.12. Said title is further amended by adding at the end of Code Section 33-24-45, relating to the cancellation or nonrenewal of policies of automobile or motorcycle insurance, a new subsection (o) to read as follows:
"(o) An insured may file a written request for a hearing before the Commissioner if the insured believes that his or her policy has been canceled or nonrenewed in violation of this Code section. A hearing request must be filed with the Commissioner within 15 days of receipt of a notice of cancellation or nonrenewal and shall be accompanied by a filing fee to be prescribed by rule of the Commissioner. The filing fee may be waived by the Commissioner in the event the payment of such fee would cause economic hardship to the insured. A hearing shall be scheduled within 20 days of said request unless the Commissioner determines from the facts stated in the request that such request is

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without merit. A written determination must be issued by the Commissioner within ten days of the date of the hearing. During the pendency of such proceedings, the policy shall continue in full force and effect and the Commissioner may order the insured to tender any premiums due for such continued coverage to the Commissioner to be held in escrow. The Commissioner shall either order that the policy be renewed or may uphold the nonrenewal or cancellation and shall order the disposition of any premium payments held in escrow in accordance with the decision in the case. The Commissioner may also order such penalties as he determines are appropriate in the event of an abusive nonrenewal or cancellation. Except as otherwise specifically provided in this subsection, all hearings conducted pursuant to this subsection shall be conducted pursuant to provisions of Chapter 2 of this title. In any hearing or investigation conducted pursuant to this subsection, the Commissioner shall be authorized to investigate the issue of whether the insurer has engaged in a pattern or practice of improper policy nonrenewal or cancellation procedures and, in the event of a determination that the insurer has engaged in a pattern or practice of improper policy nonrenewal or cancellation procedures, to order such remedies and penalties as he deems appropriate and as are authorized by law."
Section 1.13. Said title is further amended by striking Chapter 34, known as the "Georgia Motor Vehicle Accident Reparations Act," in its entirety and inserting in its place a new Chapter 34 to read as follows:
"33-34-1. This chapter shall be known and may be cited as the 'Georgia Motor Vehicle Accident Reparations Act.'
33-34-2. As used in this chapter, the term: (1) 'Motor vehicle' means a vehicle having more than three load-bearing wheels of
a kind required to be registered under the laws of this state relating to motor vehicles designed primarily for operation upon the public streets, roads, and highways and driven by power other than muscular power. The term includes a trailer drawn by or attached to such a vehicle.
(2) 'Owner' means the natural person, corporation, firm, partnership, cooperative, association, group, trust, estate, organization, or other entity in whose name the motor vehicle has been registered. If no registration is in effect at the time of an accident involving the motor vehicle, the term means the natural person, corporation, firm, partnership, cooperative, association, group, trust, estate, organization, or other entity who holds the legal title to the motor vehicle or, in the event the motor vehicle is subject to a security agreement or lease with an option to purchase with the debtor or the lessee having the right to possession, the term means the debtor or the lessee.
(3) 'Self-insurer' means any owner who has on file with the Commissioner of Insurance an approved plan of self-insurance which provides for coverages, benefits, and efficient claims handling procedures substantially equivalent to those afforded by a policy of automobile liability insurance that complies with all of the requirements of this chapter. 33-34-3. (a) (1) All policies of motor vehicle liability insurance issued in this state must be in accordance with the requirements of this chapter. Such policies shall contain at least the minimum coverages required under this chapter and shall be issued for a minimum term of six months.
(2) All insurers authorized to transact or transacting insurance in this state or controlling or controlled by or under common control by or with an insurer authorized to transact or transacting insurance in this state which issue policies or contracts providing motor vehicle liability insurance coverage or any other similar coverage in any state or Canadian province shall include in the policies or contracts of insurance a provision which provides at least the minimum liability coverage required under Code Section 33-34-4 with respect to motorists insured under the policies or contracts who are involved in motor vehicle accidents in this state and, notwithstanding any provisions of the policies or contracts to the contrary, all such policies or contracts of insurance shall be deemed to satisfy the minimum requirements of this chapter if a motorist insured under the policies or contracts of insurance is involved in a motor vehicle accident in this state.

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(3) Nothing contained in this Code section shall be deemed to prohibit a nonadmitted insurer not otherwise required by paragraph (2) of this subsection to provide the minimum liability coverage required by Code Section 33-34-4 from providing such coverage for its insured motorists who are involved in motor vehicle accidents in this state and, to the extent that such coverage is provided, such policies or contracts shall be deemed to provide the minimum liability coverage required by this chapter.
(4) No insurer shall issue a policy of motor vehicle liability insurance without requiring advance payment for the first 60 days of coverage. Insurers may rely on the insured's statements in the policy application for the purpose of calculating the initial payment required by this paragraph. This paragraph shall not apply to any renewal or continuation of a policy, to any replacement of a policy where there is no lapse of coverage, or to any personal automobile policy issued in connection with an employersponsored payroll deduction plan. This paragraph shall apply only to personal automobile or family-type automobile liability insurance policies.
(b) Nothing in Code Section 33-34-4 shall be construed to prohibit the issuance of policies providing coverage more extensive than the minimum liability coverage required by that Code section.
(c) Policies purporting to satisfy the requirements of Code Section 33-34-4 shall contain a provision which states that, notwithstanding any of the other terms and conditions of the policy, the coverage afforded shall be at least as extensive as the minimum liability coverage required.
(d) Each policy of liability insurance issued in this state providing coverage to motor vehicles owned by a person, firm, or corporation engaged in the business of selling at retail new and used motor vehicles shall provide that, when an accident involves the operation of a motor vehicle by a person who is neither the owner of the vehicle involved in the accident nor an employee of the owner and the operator of the motor vehicle is an insured under a complying policy other than the complying policy insuring the motor vehicle involved in the accident, primary coverage as to all coverages provided in the policy under which the operator is an insured shall be afforded by the liability policy insuring the said operator and any liability policy under which the owner is an insured shall afford excess coverages. If the liability policy under which the owner is an insured and which affords excess coverage contains a provision which eliminates such excess coverage based on the existence of coverage provided in the operator's liability policy, such provision of the owner's liability policy shall be void.
(e) Each policy of motor vehicle liability insurance issued in this state on or after October 1, 1991, shall provide that the requirement for giving notice of a claim, if not satisfied by the insured within 45 days of the date of the accident, may be satisfied by an injured third party who, as the result of such accident, has a claim against the insured; provided, however, notice of a claim given by an injured third party to an insurer under this subsection shall be accomplished by registered mail. Each policy of motor vehicle liability insurance issued or renewed in this state on and after October 1, 1991, shall be deemed to include and construed as including the provision regarding the notice requirements provided in this subsection.
33-34-4. No owner of a motor vehicle required to be registered in this state or any other person, other than a self-insurer as defined in this chapter, shall operate or authorize any other person to operate the motor vehicle unless the owner has motor vehicle liability insurance equivalent to that required as evidence of security for bodily injury and property damage liability under Chapter 9 of Title 40, the 'Motor Vehicle Safety Responsibility Act.'
33-34-5. No motor vehicle shall be licensed by this state until the owner or insured has furnished proof in the form provided in this Code section to the licensing authorities that there is in effect the minimum liability insurance coverage required by this chapter or that there is in effect an approved self-insurance plan and that such coverage was initially issued for a minimum term of six months. This time period shall apply only to private passenger vehicles. The commissioner of public safety shall prescribe by rules and regulations the necessary information which shall be required to be furnished in order to satisfy this Code section; however, such information as pertains to the minimum

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liability insurance coverage shall contain the certification of the applicant that minimum liability insurance is in force.
33-34-6. (a) No insurer issuing motor vehicle liability or collision insurance policies in this state shall require a person making a claim against an insured under one of such policies to utilize a particular person, firm, or corporation to repair a motor vehicle in order to settle a property damage liability or collision claim, if the person making the claim can obtain the repair work on the motor vehicle at the same cost from another source.
(b) This Code section shall be applicable to all motor vehicle liability policies issued in this state after October 1, 1991.
33-34-7. Upon the death of or termination of the marital relationship of a named insured under a personal lines policy of insurance covering a private passenger motor vehicle, a spouse of said named insured who was covered under said policy of insurance immediately prior to the death or termination of the marital relationship shall upon notice to the insurer or agent of the insurer continue to be covered under said policy for a period of 90 days following such death or termination of marital relationship or until the expiration of the policy term, whichever is shorter. Every personal lines policy of insurance covering a private passenger motor vehicle shall contain a provision providing the coverage required by this Code section; and in the absence of such a provision in such a policy the policy shall be deemed to contain such a provision.
33-34-8. The Commissioner shall provide by rule or regulation procedures for the expeditious and efficient settlement of first-party property damage claims under personal private passenger motor vehicle policies. Such procedures may include, but shall not be limited to:
(1) Loss of use reimbursements; (2) Cost of repairs; (3) Determination of fair market value on total losses; (4) Use of aftermarket parts; (5) Time limitations for payments of claims for property damage by insureds; and (6) Establishment of a panel for arbitration of disputed property damage claims where such claims involve total losses."
Part 2
Section 2.1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking subsection (b) and paragraph (1) of subsection (c) of Code Section 40-6-270, relating to the duty of a driver to stop at or return to the scene of an accident, in their entirety and inserting in their respective places a new subsection (b) and paragraph (1) of subsection (c) to read as follows:
"(b) If such accident is the proximate cause of death or a serious injury as defined H Code Section 33-34-2, any person knowingly failing to stop and comply with the requirements of subsection (a) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years."
"(1) If such accident is the proximate cause of an injury other than a serious injury as defined Code Seetie 33-34-2 or if such accident resulted in damage to a vehicle which is driven or attended by any person, any person knowingly failing to stop or comply with the requirements of this Code section shall be guilty of a misdemeanor and:"
Section 2.2. Said title is further amended by striking paragraph (5) of Code Section 40-9-2, relating to definitions as used in Chapter 9 of Title 40, in its entirety and inserting in its place a new paragraph (5) to read as follows:
"(5) 'Proof of financial responsibility' means: (A) Proof of ability to respond in damages for liability on account of accidents
occurring subsequent to the effective date of said proof, in the amount of $15,000.00 because of bodily injury to or death of one person in any one accident, and subject to said limit for one person, in the amount of $30,000.00 because of bodily injury to or death of two or more persons in any one accident, and in the amount of $10,000.00 because of injury to or destruction of property of others in any one accident; or

THURSDAY, MARCH 7, 1991

1893

(B) In the case of any person applying for or operating under a probationary driver's license issued pursuant to Code Section 40-5-58, proof of ability to respond in damages for liability on account of accidents occurring subsequent to the effective
date of said proof, in the amount of $25,000.00 because of bodily injury to or death of one person in any one accident, and subject to said limit for one person, in the
amount of $50,000.00 because of bodily injury to or death of two or more persons in any one accident, and in the amount of $25,000.00 because of injury to or destruction of property of others in any one accidentf ef .
{ ) Pfeef ef ability te respond in compensation te certain injured individuals,

rjmjcrrors>uyi>i itnii icru>Tmr>(rJ\111itnirl>ic/-tf?i twuiifwVii (v"i"mh ajnJvt corr ~Qoj*jt tjjyif T'i iituTco QoQo, tLVUnGa *VfJ ocru>irgirIiMn TITVHflJfiHtfAJIr WT ^cVit.ijuf1icn ^A\ur*ur*i\"
dent Reparations Act.'"
Section 2.3. Part 8 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of hospitals, is amended by striking Code Section 44-14-474, relating to exemptions, in its entirety and inserting in its place a new Code Section 44-14-474 to read as follows:
"44-14-474. This part shall not apply to any moneys becoming due under Chapter 9
provided pursuant te Chapter 34 ef Title 33."
Part 3
Section 3.1. Except as provided in Section 3.3 of this Act, this Act shall become effective on October 1, 1991, and shall apply to policies of motor vehicle insurance issued, issued for delivery, delivered, or renewed on and after October 1, 1991. Except for an otherwise permissible cancellation of a policy of motor vehicle insurance, coverages payable without regard to fault in motor vehicle insurance policies in existence on October 1, 1991, shall remain in effect until changed by specific request of the policyholder and reflected by endorsement to the policy or until the renewal date of the policy; provided, however, the insurer shall be required to send written notice to the policyholder of any changes in coverage to be effective upon renewal of the policy as a result of this Act not less than 60 days prior to the renewal date of the policy. Written notice to the policyholder shall be accomplished in such form and manner as prescribed by the Commissioner of Insurance.
Section 3.2. (a) Each insurer shall file its proposed forms, manuals, underwriting rules, rates, and rating plans for coverages under motor vehicle insurance policies to be issued, issued for delivery, delivered, or renewed on and after October 1, 1991, with the Commissioner of Insurance for such examination and approval as is required by law. Rates and rating plans for motor vehicle insurance coverages filed pursuant to this subsection shall reflect a reduction of the rates or rating plans for such coverages on file with the Commissioner as of January 28, 1991, of not less than 15 percent, as compared to rates in effect for coverages required to be offered by the former "Georgia Motor Vehicle Accident Reparations Act," with the exception of physical damage coverages, as specified in paragraph (3) of subsection (a) of former Code Section 33-34-5 and third-party property damage coverages. On October 1, 1991, the Commissioner shall reduce by 15 percent or such higher amount as he determines appropriate, after notice and hearing as required by law, any rate or rating plan for such coverages under motor vehicle insurance policies for which no filing has been received.
(b) Any insurer aggrieved by the rate filing required pursuant to subsection (a) of this section may petition the Commissioner for a hearing to grant relief from the rate filing as the result of extraordinary circumstances. The insurer shall have the burden of proof to establish the extraordinary circumstances which justify relief. A hearing conducted pursuant to this subsection shall be conducted in accordance with the provisions of Chapter 2 of Title 33. Upon conclusion of any hearing conducted pursuant to this subsection, the Commissioner shall enter an order specifying the rates to be used by the insurer and shall indicate in his order all factors entering into a decision to relieve the insurer from full compliance with the provisions of subsection (a) of this section.

1894

JOURNAL OF THE HOUSE,

Section 3.3. (a) Section 3.1 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval for the purposes of promulgation of rules and regulations by the Commissioner of Insurance.
(b) Section 3.2 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
(c) This Act shall become effective for all purposes on October 1, 1991.
Section 3.4. All laws and parts of laws in conflict with this Act are repealed.

The Speaker announced the House in recess until 1:30 o'clock this afternoon.

THURSDAY, MARCH 7, 1991

1895

AFTERNOON SESSION

The Speaker called the House to order.
The following Resolutions of the House were read and adopted:
HR 462. By Representative Lee of the 72nd: A resolution commending Delta Air Lines.
HR 463. By Representatives Byrd of the 153rd, Holland of the 136th, Irwin of the 57th, Golden of the 148th and Greene of the 130th: A resolution recognizing and commending the officials of the Youth Assembly.
HR 464. By Representatives Kilgore of the 42nd and Watts of the 41st: A resolution commending Amanda Samples.
HR 465. By Representatives Reaves of the 147th, Jenkins of the 80th, Jamieson of the llth, Bostick of the 138th and Dover of the llth: A resolution commending the Georgia Resource Conservation and Development Council.
HR 466. By Representative Carter of the 146th: A resolution commending Coleman Jeremy Lynn on attaining the rank of Eagle Scout.
HR 467. By Representatives Colwell of the 4th, Murphy of the 18th, Twiggs of the 4th, Dobbs of the 74th, Dover of the llth and others: A resolution commending Mr. T. Graham Brown.
HR 468. By Representatives Hamilton of the 124th, Pelote of the 127th, Merritt of the 123rd, Mueller of the 126th, Dixon of the 128th and others: A resolution commending Ms. Douglass Ann Smith.
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 445. By Representatives Flynt of the 75th and Herbert of the 76th: A resolution commending Dundee Mills, Inc. and Griffin Technical Institute and inviting representatives from the corporation and the institute to appear before the House of Representatives.
HR 458. By Representatives Birdsong of the 104th, Pinkston of the 100th, Groover of the 99th, Lucas of the 102nd, Elliott of the 103rd and others: A resolution commending the Tattnall Square Academy Trojans football team and inviting the team and its coaches to appear and be recognized before the House of Representatives.

1896

JOURNAL OF THE HOUSE,

The house resumed deliberation on SB 110.

The following amendment was read and adopted:

Representative Ware of the 77th moves to amend the Committee substitute to SB 110 as follows:
By striking on page 7 Section 1.5 in its entirety and renumbering the following Sections accordingly.

The following amendment was read and lost:

Representative Smith of the 152nd moves to amend the Committee substitute to SB 110 as follows:
By adding at the end of line 19 of page 20 the following:
"The term shall not include a dune buggy or parade buggy required to be registered in this state when such motor vehicle is being used exclusively for parade purposes."

The following amendment was read and adopted:

Representative Edwards of the 112th moves to amend the Committee substitute to SB 110 as follows:
On page 29 on line 7 insert after (law.)
The Commissioner shall not approve such filings unless such filings contain optional medical payments coverage.

The following amendments were read and lost:

Representative Hammond of the 20th moves to amend the Committee substitute to SB 110 by adding on Line 12 of Page 2 after the word and symbol "policies;" the following:
"to provide that insurance companies that write automobile insurance policies in this state shall offer complete coverage for repair or replacement of certain damaged safety equipment without regard to any deductible or minimum amount; to provide definitions;"
By adding between line 5 and line 6 of page 26 the following:
"Section 1.14 Said title is further amended by adding at the end of Chapter 24 thereof a new Code Section 33-24-53 to read as follows:
'33.24.53. (a) As used in this Code section, the term:
(1) 'Automobile insurance policy' means a policy as defined in paragraph (1) of subsection (b) of Code Section 33-24-45.
(2) 'Safety equipment' means only the glass used in the windshield, doors, and windows.
(b) Any insurance company that writes automobile insurance policies in this state shall offer complete coverage for repair or replacement of damaged safety equipment without regard to any deductible or minimum amount.'"

THURSDAY, MARCH 7, 1991

1897

Representative Merritt of the 123rd moves to amend the Committee substitute to SB 110 as follows:
On P. 15 line 16, delete the word "Honor and substitute therefor the word "Good".
Line 25, after the word "and" add:
Or:
(E) Has a 90% attendance record, has been recommended by his Teacher or principal and has a record of good conduct.

Representative Elliott of the 103rd moves to amend the Committee substitute to SB 110 as follows:
Strike on page 12 line 27 through line 32. Insert on line 29 and line 30 to read have committed no traffic offenses for prior three years. Insert on line 32 have had no claims baised on fault against an insurer for prior three years. Strike all of page 13, strike on page 14 lines 1, 2, 3.

The following amendment was read:

Representative Redding of the 50th, et al. move to amend the Committee substitute to SB 110 as follows:
On 30, line 3 add a new Section 3.3 to read as follows:
It shall be unlawful for any insurance company to use any criteria not listed in this act to determine rates or premiums. Redlining or territorial rating shall be deemed a violation of this Act.
Renumber Subsection 3.3 to 3.4 and continue with the remainder of the bill.

On the adoption of the amendment, the roll call was ordered and the vote was as fol-
lows:

Y Abernathy N Adams N Aiken N Alford N Atkins N Baker N Balkcom N Barfoot N Bargeron N Barnett,B N Barnett.M
Bates N Beatty N Benefield N Birdsong Y Blitch Y Bordeaux N Bostick N Branch N Breedlove Y Brooks Y Brown N Brush NBuck N Buckner
NByrd N Campbell Y Canty N Carrell N Carter N Chafin

N Chambless Y Cheeks Y Childers Y Clark,E
N Ciark.H N ClarkJL N Coker
Coleman N Colwell Y Connell N Culbreth Y Cummings.B Y Cummings.M Y Davis.G N Davis.M
Dixon.H N Diion.S N Dobbs N Dover N Dunn
N Edwards Y Elliott
Felton N Fennel N Floyd,J.M N Floyd,J.W N Flynt Y Godbee N Golden Y Goodwin N Green

N Greene N Griffin N Groover
Hamilton
N Hammond N Hanner N Harris.B N Harris,J N Heard Y Henson N Herbert Y Hightower Y Holland Y Holmes N Howard
Hudson Irwin N Jackson N Jamieson Jenkins N Jones N Kilgore NKing N Kingston Y Klein NLadd N Lane.D Lane,R Y Langford N Lawrence Y Lawson

NLee NLong NLord N Lucas N Lupton
YMann N Martin N McCoy Y McKelvey Y McKinney.B Y McKinney.C N Meadows Y Merritt N Milam N Mills
Y Mobley N Moody Y Morsberger
Moultrie N Mueller N Oliver.C N Oliver.M YOrr Y Orrock N Padgett N Parham N Parrish
Patten
Y Pelote N Perry N Pettit

N Pinholster Pinkston
YPoag N Porter N Poston N Powell,A N Powell,C
N Purcell Y Randall YRay N Reaves Y Redding N Ricketson N Royal N Selman N Sherrill
Simpson Y Sinkfield N Skipper N Smith.L N Smith.P
Y Smith.T N Smith, W
Y Smyre N Snow
N Stancil.F N Stancil.S Y Stanley Y Stephens
N Streat Y Taylor

1898

JOURNAL OF THE HOUSE,

Y Teper N Thomas.C YThomas.M Y ThomasJM Y Thurmond

N Titus N Tolbert N Townsend Y Turnquest Y Twiggs

Y Valenti N Vaughan N Walker,J N Walker.L N Wall

N Ware N Watson Y Watts Y White N Wilder

N Williams.B Y Williams.J N Williams.R N Yeargin
Murphy.Spkr

On the adoption of the amendment, the ayes were 53, nays 113. The amendment was lost.

The following amendments were read and lost:

Representative Elliott of the 103rd moves to amend the Committee substitute to SB 110 as follows:
Strike on page 15 lines 16, 17, 18. Change line 19 to read:
Such person is in fact an honor student.
Insert on lines 16, 17, 18 to read:
If a student has an excellent record as a safe driver, said policy owner may obtain a reduced rate.

Representative Childers of the 15th moves to amend the Committee substitute to SB 110 as follows:
By striking the words "all named drivers" on line 22 and 28 on page 12 and inserting the words "and only drivers under the age of 25".

The following amendment was read:

Representatives Coleman of the 118th and Edwards of the 112th move to amend the committee substitute to SB 110 by adding on line 9 of page 2 after the semicolon and before the word "to" the following:
"to provide for optional first-party medical payment coverage;".
By adding between lines 5 and 6 of page 24 the following:
"(f) Every insurer authorized to insure motor vehicle liability insurance shall be required to make available after October 31, 1991, as an optional endorsement to all such policies, medical payment coverage to the insured and any other person occupying the insured vehicle with the express or implied permission of the insured, to a minimum limit of $2,000.00 for all necessary medical expenses arising from a motor vehicle accident including necessary medicine, drugs, surgical, dental, X-ray, and rehabilitative services including prosthetic devices, and necessary ambulance, hospital, and nursing services as prescribed, authorized, approved, or rendered by an attending physician, including any person licensed to practice a healing art."

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

Y Abernathy N Adams N Aiken Y Alford N Atkins N Baker N Balkcom N Barfoot

N Bargeron N Barnett.B N Barnett.M
Bates N Beatty Y Benefield N Birdsong Y Blitch

Y Bordeaux N Bostick N Branch N Breedlove Y Brooks N Brown N Brush N Buck

Y Buckner Y Byrd Y Campbell N Canty N Carrell N Carter N Chafin N Chambless

Y Cheeks Y Childers Y Clark.E Y Clark.H
Clark.L Y Coker Y Coleman
Colwell

THURSDAY, MARCH 7, 1991

1899

N Connell
N Culbreth N Cummings.B Y Cummings.M Y Davis.G N Davis.M
Dixon.H N Dixon.S N Dobbs Y Dover NDunn Y Edwards N Elliott Y Felton Y Fennel N Floyd.J.M N Floyd.J.W Y Flynt
Godbee N Golden
Y Goodwin N Green N Greene
N Griffin N Groover Y Hamilton Y Hammond Y Banner

Y Harris.B N Harris.J Y Heard Y Henson N Herbert Y Hightower Y Holland Y Holmes N Howard N Hudson Y Irwin N Jackson N Jamieson N Jenkins N Jones Y Kilgore YKing Y Kingston Y Klein
NLadd Y Lane,D
Lane.R Y Langford N Lawrence
N Lawson YLee N Long NLord

N Lucas N Lupton YMann Y Martin N McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt N Milam N Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller N Oliver.C N Oliver.M YOrr Y Orrock N Padgett N Parham N Parrish
Patten
Y Pelote Y Perry N Pettit

N Pinholster N Pinkston YPoag N Porter
Poston Powell,A N Powell.C N Purcell Y Randall Ray N Reaves Redding N Ricketson N Royal Selman N Sherrill Simpson N Sinkfield N Skipper N Smith.L N Smith,P Y Smith.T N Smith.W
Y Smyre N Snow
Y Stancil,F N Stancil,S Y Stanley

On the adoption of the amendment, the ayes were 76, nays 88. The amendment was lost.

Y Stephens N Streat Y Taylor Y Teper Y Thomas.C N Thomas.M Y Thomas.N Y Thurmond N Titus N Tolbert N Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan N Walker.J N Walker.L Y Wall N Ware N Watson Y Watts Y White Y Wilder N Williams.B Y Williams,J N Williams.R
Yeargin Murphy,Spkr

The following amendments were read and lost:

Representative Childers of the 15th moves to amend the Committee substitute to SB 110 as follows:
By changing the figure "$250.00" on line 29 page 6 to $100.

Representative Langford of the 7th moves to amend the Committee substitute to SB 110 as follows:
By adding on line 14, page 27, following the word accident; the following:
"the insurance writer shall require the policy applicant to sign a waiver of uninsured motorist coverage otherwise it shall be incumbent upon the insurance writer to include uninsured motorist coverage in the amount of the liability coverage."

The following amendment was read and adopted:

Representative Stephens of the 68th moves to amend the Committee substitute to SB 110 as follows:
Page 23, line 34 delete the word "registered".

The following amendment was read:

Representative Childers of the 15th moves to amend the Committee substitute to SB 110 as follows:
By adding a new Section "d" on page 13 to read:
Provided however only named drivers over the age of 25 shall have to meet the requirements of only the requirements of 1 and 2 on page 12 on lines 29 through 32 and renumbering all other Sections accordingly.

1900

JOURNAL OF THE HOUSE,

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

Y Abernathy Y Adams Y Aiken Y Alford Y Atkins N Baker N Balkcom N Barfoot N Bargeron N Barnett.B N Barnett.M
Bates
Y Beatty Y Benefield
N Birdsong N Blitch Y Bordeaux N Bostick
Y Branch Y Breedlove Y Brooks Y Brown N Brush NBuck Y Buckner YByrd N Campbell
N Canty Y Carrell Y Carter N Chafin Y Chambless Y Cheeks Y Childers Y Clark,E
Y Clark,H

Y Clark,L N Coker Y Coleman
Colwell
Y Connell N Culbreth
Cummings,B Cummings,M Davis.G N Davis.M Y Dixon,H Dixon.S N Dobbs Y Dover NDunn Y Edwards Y Elliott N Felton
N Fennel
N Floyd,J.M N Floyd,J.W NFlynt
Godbee Y Golden Y Goodwin N Green Y Greene N Griffin N Groover Y Hamilton Y Hammond N Manner Y Harris.B N Harris,J N Heard Y Henson

Y Herbert Y Hightower Y Holland Y Holmes
Howard N Hudson Y Irwin Y Jackson N Jamieson
N Jenkins N Jones Y Kilgore YKing N Kingston Y Klein NLadd Y Lane,D
Lane.R Y Langford N Lawrence Y Lawson YLee NLong NLord N Lucas N Lupton NMann N Martin N McCoy Y McKelvey Y McKinney.B Y McKinney.C Y Meadows Y Merritt N Milam Y Mills

Y Mobley
Y Moody Y Morsberger Y Moultrie N Mueller Y Oliver.C
Y Oliver.M
YOrr
Y Orrock Y Padgett N Parham N Parrish
Patten Y Pelote Y Perry N Pettit N Pinholster Y Pinkston
YPoag
N Porter
Y Poston Y Powell,A N Powell.C N Purcell Y Randall NRay N Reaves
Redding N Ricketson Y Royal
Selman N Sherrill
Simpson Y Sinkfield N Skipper Y Smith,L

On the adoption of the amendment, the ayes were 92, nays 71. The amendment was adopted.

N Smith,P Y Smith.T N Smith,W Y Smyre YSnow Y Stancil,F N Stancil,S N Stanley N Stephens Y Streat Y Taylor Y Teper Y Thomas.C N Thomas.M
Thomas.N N Thurmond N Titus Y Tolbert N Townsend
Y Turnquest
Twiggs Y Valenti Y Vaughan
Walker,J Y Walker.L Y Wall N Ware N Watson Y Watts
Y White Y Wilder N Williams.B Y Williams,J N Williams.R Y Yeargin
Murphy,Spkr

The following amendment was read:

Representative Dobbs of the 74th moves to amend the Committee substitute to SB 110 as follows:
On page 23 line 29 change "45" to read 30.

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

Y Abernathy N Adams Y Aiken N Alford Y Atkins N Baker Y Balkcom N Barfoot
Bargeron Y Barnett.B Y Barnett.M
Bates
Y Beatty N Benefield N Birdsong Y Blitch

N Bordeaux Bostick
Y Branch
Y Breedlove Y Brooks N Brown N Brush
Buck N Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter N Chafin N Chambless

Y Cheeks Y Childers N Clark.E Y Clark.H
Y Clark.L Y Coker Y Coleman Y Colwell Y Connell N Culbreth
Cummings.B Y Cummings.M
Davis.G N Davis.M Y Dixon.H
Dixon.S

Y Dobbs Y Dover N Dunn Y Edwards Y Elliott Y Felton
N Fennel N Floyd,J.M Y Floyd,J.W YFlynt
Godbee Y Golden Y Goodwin N Green
Greene N Griffin

Groover Hamilton Y Hammond Hanner Y Harris.B Y Harris,J Y Heard Y Henson
Y Herbert Hightower
Y Holland Y Holmes
Howard N Hudson N Irwin Y Jackson

THURSDAY, MARCH 7, 1991

1901

N Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston N Klein YLadd Y Lane.D
Lane,R N Langford Y Lawrence Y Lawson NLee
Long YLord
Lucas Y Lupton Y Mann Y Martin

N McCoy
Y McKelvey
Y McKinney.B Y McKinney.C Y Meadows Y Merritt
Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller N Oliver.C Y Oliver.M YOrr
Y Orrock
Y Padgett Parham
N Parrish

Patten N Pelote Y Perry N Pettit Y Pinholster N Pinkston YPoag N Porter
N Poston Y Powell,A N Powell.C Y Purcell N Randall YRay Y Reaves
Y Redding N Ricketson Y Royal
Selman Y Sherrill

Simpson Sinkfield N Skipper N Smith.L
Y Smith.P
Y Smith.T
N Smith.W
Y Smyre
Y Snow
N Stancil.F
Y Stancil.S Y Stanley N Stephens N Streat Y Taylor N Teper Y Thomas.C Y Thomas.M
Y Thomas.N
Y Thurmond

On the adoption of the amendment, the ayes were 108, nays 47. The amendment was adopted.

Y Titus
Y Tolbert
Y Townsend
Y Turnquest Y Twiggs
Y Valenti
Y Vaughan
N Walker.J
N Walker.L Y Wall
Ware Y Watson Y Watts Y White Y Wilder Y Williams.B Y Williams.J N Williams.R Y Yeargin
Murphy,Spkr

The following amendment was read:

Representative McKelvey of the 15th moves to amend the Committee substitute to SB 110 as follows:
On page 12 line 28 after the word drivers add the following:
Satisfy any 2 of the requirements on page 12 line 29 & 31 and page 13 line 1.

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

Y Abernathy N Adams Y Aiken N Alford Y Atkins N Baker N Balkcom N Barfoot N Bargeron N Barnett.B N Barnett.M
Bates N Beatty Y Benefield Y Birdsong N Blitch Y Bordeaux N Bostick Y Branch
Y Breedlove Y Brooks
N Brown
N Brush NBuck
N Buckner
N Byrd N Campbell
N Canty
N Carrell N Carter N Chafin N Chambless
Y Cheeks Y Childers Y Clark,E Y Clark.H

Y Clark.L N Coker N Coleman N Colwell Y Connell N Culbreth
Cummings.B N Cummings.M
Davis.G N Davis,M N Dixon.H
Dixon.S N Dobbs
Y Dover N Dunn
N Edwards Y Elliott
N Felton Fennel
N Floyd.J.M N Floyd,J.W
N Flynt
God bee N Golden N Goodwin
N Green Greene
N Griffin N Groover Y Hamilton N Hammond
Manner Y Harris.B N Harris,J N Heard N Henson

N Herbert
Hightower N Holland
N Holmes N Howard N Hudson N Irwin N Jackson N Jamieson N Jenkins N Jones
Kilgore N King
N Kingston Y Klein
NLadd
Y Lane.D N Lane.R Y Langford N Lawrence Y Lawson NLee
N Long NLord
N Lucas Y Lupton N Mann N Martin N McCoy Y McKelvey N McKinney.B N McKinney.C Y Meadows
Merritt N Milam N Mills

Y Mobley Y Moody
N Morsberger
N Moultrie Mueller
Y Oliver.C
Y Oliver.M N Orr Y Orrock N Padgett
Parham N Parrish
Patten Y Pelote
N Perry
N Pettit
N Pinholster
Y Pinkston
YPoag
N Porter
Y Poston
Y Powell,A N Powell.C N Purcell N Randall YRay N Reaves Y Redding N Ricketson N Royal
Selman N Sherrill
Simpson N Sinkfield N Skipper N Smith.L

N Smith.P
Y Smith.T
Smith.W
Y Smyre
N Snow
Y Stancil.F N Stancil.S Y Stanley N Stephens
Streat Y Taylor N Teper N Thomas.C N Thomas, M
Thomas.N
Y Thurmond N Titus N Tolbert
Y Townsend
N Turnquest
Y Twiggs Valenti
Y Vaughan Walker.J
Y Walker.L Y Wall N Ware N Watson Y Watts N White N Wilder N Williams.B Y Williams,J N Williams.R Y Yeargin
Murphy ,Spkr

1902

JOURNAL OF THE HOUSE,

On the adoption of the amendment, the ayes were 52, nays 106. The amendment was lost.

An amendment, offered by Representative Stephens of the 68th, was withdrawn.

The following amendment was read:

Representative Langford of the 7th moves to amend the Committee substitute to SB 110 as follows:
By striking on page 27, line 7, the figures "$15,000.00" and inserting in lieu thereof the figures "$50,000.00"; and by striking on page 27, line 10 the figures "$30,000.00" and inserting in lieu thereof the figures "$100,000.00".

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

Y Abernathy Y Adams Y Aiken N Alford Y Atkins N Baker N Balkcom N Barfoot N Bargeron
N Barnett.B Y Barnett.M
Bates Y Beatty N Benefield
N Birdsong N Blitch Y Bordeaux N Bostick
Y Branch Y Breedlove
Y Brooks N Brown N Brush NBuck Y Buckner NByrd N Campbell
Y Canty N Carrell N Carter N Chafin N Chambless
Cheeks N Childers Y Clark.E
Y Clark.H

Y Clark.L N Coker N Coleman N Colwell Y Connell N Culbreth
N Cummings.B N Cummings.M
Davis.G Y Davis.M Y Dixon.H
Dixon.S N Dobbs Y Dover NDunn N Edwards Y Elliott N Felton
Fennel Y Floyd,J.M N Floyd,J.W
Flynt Godbee N Golden Y Goodwin N Green Greene N Griffin N Groover Y Hamilton N Hammond Hanner N Harris.B N Harris.J N Heard N Henson

N Herbert Hightower
Y Holland N Holmes N Howard Y Hudson Y Irwin N Jackson N Jamieson Y Jenkins Y Jones N Kilgore NKing
N Kingston Y Klein NLadd Y Lane.D N Lane.R Y Langford Y Lawrence Y Lawson NLee
N Long
Lord N Lucas
Lupton
Y Mann
N Martin
N McCoy N McKelvey Y McKinney.B Y McKinney.C Y Meadows Y Merritt N Milam N Mills

N Mobley N Moody Y Morsberger N Moultrie
Mueller N Oliver.C Y Oliver.M YOrr Y Orrock
N Padgett Parham
N Parrish
Patten Pelote
Y Perry N Pettit Y Pinholster N Pinkston YPoag N Porter N Poston N Powell.A N Powell.C Y Purcell N Randall YRay N Reaves Y Redding N Ricketson N Royal
Selman N Sherrill
Simpson Y Sinkfield Y Skipper Y Smith.L

On the adoption of the amendment, the ayes were 70, nays 89. The amendment was lost.

N Smith.P Y Smith/I
Smith.W Y Smyre N Snow Y Stancil.F N Stancil.S
Stanley N Stephens N Streat Y Taylor Y Teper N Thomas.C Y Thomas.M Y Thomas.N Y Thurmond N Titus Y Tolbert N Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J N Walker.L Y Wall N Ware N Watson N Watts Y White Y Wilder Y Williams.B Y Williams.J N Williams.R N Yeargin
Murphy,Spkr

The following amendment was read:

Representative Smith of the 78th moves to amend the Committee substitute to SB 110 by striking "rates" from line 24 of page 2 and inserting in its place "premiums".
By striking "rates or rating plans" from line 9 of page 29 and inserting in its place "premiums".

THURSDAY, MARCH 7, 1991

1903

By striking "rates" from line 11 of page 29 and inserting in its place "premiums".
By striking "rate or rating plan" from lines 19 and 20 of page 29 and inserting in their place "premium".

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

Y Abernathy Y Adams N Aiken Y Alford N Atkins N Baker N Balkcom N Barfoot N Bargeron N Barnett.B N Barnett,M
Bates
Y Beatty N Benefield
N Birdsong Y Blitch
Y Bordeaux N Bostick Y Branch Y Breedlove Y Brooks N Brown N Brush NBuck
Y Buckner NByrd N Campbell Y Canty N Carrell
N Carter N Chafin
N Chambless Y Cheeks N Childers
Y Clark,E Y Clark,H

Y Clark,L
N Coker N Coleman N Colwell Y Connell N Culbreth N Cummings,B N Cummings.M
Davis.G N Davis.M N Dixon.H
Dixon,S N Dobbs Y Dover NDunn N Edwards Y Elliott N Felton
Fennel N Floyd,J.M N Floyd,J.W Y Flynt
Godbee N Golden Y Goodwin N Green N Greene N Griffin N Groover Y Hamilton Y Hammond N Hanner Y Harris,B
N Harris,J N Heard N Henson

N Herbert Y Hightower Y Holland Y Holmes N Howard N Hudson Y Irwin
N Jackson N Jamieson Y Jenkins N Jones N Kilgore NKing N Kingston Y Klein NLadd Y Lane.D N Lane.R Y Langford Y Lawrence Y Lawson NLee NLong
Lord N Lucas
Lupton YMann N Martin N McCoy Y McKelvey
McKinney.B Y McKinney.C N Meadows Y Merritt N Milam N Mills

N Mobley Y Moody Y Morsberger N Moultrie Y Mueller N Oliver.C N Oliver.M YOrr
N Orrock
N Padgett N Parham N Parrish
Patten Y Pelote Y Perry
N Pettit Y Pinholster N Pinkston
YPoag N Porter Y Poston N Powell.A N Powell.C N Purcell N Randall , NRay N Reaves Y Redding N Ricketson N Royal
Selman Y Sherrill
Simpson N Sinkfield N Skipper Y Smith,L

N Smith.P Y Smith,T
Smith.W
N Smyre NSnow N Stancil.F
Stancil,S Y Stanley Y Stephens N Streat Y Taylor Y Teper
Y Thomas.C N Thomas.M N Thomas.N Y Thurmond
N Titus Y Tolbert N Townsend Y Turnquest Y Twiggs Y Valenti
Y Vaughan Y Walker,J N Walker.L Y Wall N Ware N Watson
N Watts N White Y Wilder Y Williams,B Y Williams.J N Williams.R N Yeargin
Murphy.Spkr

On the adoption of the amendment, the ayes were 66, nays 100. The amendment was lost.

Representative Dunn of the 73rd moved that the House reconsider its action in adopting the Childers No. 3 amendment.
On the motion, the roll call was ordered and the vote was as follows:

N Abernathy N Adams Y Aiken
N Alford Y Atkins Y Baker
Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Harriett,M
Bates Y Beatty Y Benefield N Birdsong Y Blitch
N Bordeaux

Y Bostick N Branch N Breedlove
N Brooks N Brown
Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty N Carrell N Carter N Chafin Y Chambless N Cheeks
N Childers

N Clark.E
N Clark.H N Clark,L Y Coker N Coleman Y Colwell N Connell Y Culbreth N Cummings,B N Cummings.M
Davis.G Y Davis.M Y Dixon,H
Dixon,S
Y Dobbs N Dover
YDunn

N Edwards Y Elliott Y Felton
Fennel
Y Floyd.J.M Y Floyd,J.W N Flynt
Godbee Y Golden N Goodwin N Green N Greene Y Griffin Y Groover N Hamilton N Hammond N Manner

N Harris.B Y Harris,J N Heard N Henson N Herbert N Hightower N Holland N Holmes N Howard Y Hudson N Irwin N Jackson
Y Jamieson Y Jenkins Y Jones
N Kilgore YKing

1904

JOURNAL OF THE HOUSE,

Y Kingston N Klein YLadd N Lane.D N Lane.R
Langford Y Lawrence N Lawson YLee YLong
Lord Y Lucas
Lupton
N Mann Y Martin N McCoy N McKelvey N McKinney.B N McKinney.C

N Meadows N Merritt Y Milam N Mills
N Mobley N Moody N Morsberger N Moultrie N Mueller N Oliver.C N Oliver.M
NOrr
Orrock N Padgett Y Parham Y Parrish
Patten N Pelote
N Perry

Y Pettit Pinholster
N Pinkston YPoag Y Porter Y Poston N Powell.A Y Powell.C Y Purcell N Randall NRay N Reaves N Redding Y Ricketson N Royal N Selman Y Sherrill
Simpson Y Sinkfield

Y Skipper Y Smith.L Y Smith.P N Smith.T
Smith.W N Smyre NSnow N Stancil.F
Y Stancil.S N Stanley Y Stephens
N Streat N Taylor N Teper N Thomas.C Y Thomas.M N Thomas.N N Thurmond
N Titus

Y Tolbert Y Townsend N Turnquest N Twiggs N Valenti N Vaughan
Walker.J N Walker.L
Wall Y Ware Y Watson N Watts N White N Wilder Y Williams.B N Williams,J Y Williams.R N Yeargin
Murphy.Spkr

On the motion, the ayes were 70, nays 94. The motion was lost.

Representative Smith of the 152nd moved that the House reconsider its action in failing to adopt the Smith amendment.
On the motion, the roll call was ordered and the vote was as follows:

N Abernathy N Adams N Aiken N Alford N Atkins N Baker N Balkcom Y Barfoot Y Bargeron N Barnett,B N Barnett.M
Bates N Beatty
Benefleld N Birdsong Y Blitch
Bordeaux N Bostick Y Branch Y Breedlove Y Brooks
Brown N Brush NBuck N Buckner
YByrd N Campbell
Y Canty N Carrell N Carter
Chafin
Chambless N Cheeks N Childers Y Clark.E Y Clark.H

Y Clark.L
N Coker Y Coleman N Colwell N Connell
N Culbreth Y Cummings,B N Cummings,M
N Davis.G Y Davis.M Y Dixon.H
Dixon.S Y Dobbs Y Dover N Dunn N Edwards N Elliott N Felton N Fennel N Floyd,J.M N Floyd,J.W N Flynt
Godbee N Golden Y Goodwin N Green N Greene N Griffin N Groover
Hamilton N Hammond N Hanner N Harris.B
N HarrisJ N Heard Y Henson

N Herbert N Hightower
N Holland N Holmes N Howard N Hudson N Irwin
N Jackson N Jamieson N Jenkins N Jones N Kilgore NKing N Kingston Y Klein NLadd N Lane.D N Lane,R N Langford N Lawrence Y Lawson
Lee N Long
Lord N Lucas
Lupton YMann N Martin N McCoy N McKelvey
McKinney.B McKinney.C Y Meadows N Merritt N Milam N Mills

N Mobley Y Moody Y Morsberger N Moultrie N Mueller
N Oliver.C N Oliver.M
N Orr Orrock
N Padgett N Parham N Parrish
Patten N Pelote Y Perry N Pettit
Pinholster N Pinkston N Poag N Porter N Poston N PowelLA N Powell.C N Purcell N Randall
Ray N Reaves
Redding
N Ricketson N Royal N Selman N Sherrill
Simpson N Sinkfield N Skipper N Smith.L

On the motion, the ayes were 32, nays 122. The motion was lost.

The Committee substitute, as amended, was adopted.

N Smith.P Y Smith.T
Smith.W N Smyre N Snow N Stancil.F N Stancil.S
N Stanley Stephens
Y Streat N Taylor
Y Teper Thomas.C Thomas.M
N Thomas.N Thurmond
N Titus N Tolbert N Townsend N Turnquest
Y Twiggs N Valenti N Vaughan N Walker.J N Walker.L Y Wall N Ware N Watson N Watts N White N Wilder N Williams.B Y Williams,J N Williams.R N Yeargin
Murphy.Spkr

THURSDAY, MARCH 7, 1991

1905

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, by substitute, as amended, the roll call was ordered and the vote was as follows:

Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M
Bates Y Beatty Y Benefleld Y Birdsong N Blitch N Bordeaux Y Bostick Y Branch Y Breedlove N Brooks Y Brown Y Brush YBuck Y Buckner
YByrd Y Campbell Y Canty Y Carrell Y Carter N Chafm
Y Chambless Y Cheeks Y Childers
N Clark,E N Clark.H

Y Clark,L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B N Cummings,M N Davis.G Y Davis,M Y Diion.H Y Dixon,S Y Dobbs N Dover YDunn Y Edwards Y Elliott Y Felton Y Fennel
Y Floyd,J.M Y Floyd,J.W YFlynt
Godbee Y Golden N Goodwin Y Green Y Greene Y Griffin Y Groover Y Hamilton N Hammond Y Hanner Y Harris,B Y Harris,J Y Heard
Y Henson

Y Herbert Y Hightower Y Holland
Y Holmes Y Howard Y Hudson NIrwin
Y Jackson Y Jamieson
Y Jenkins Y Jones Y Kilgore YKing
Y Kingston Y Klein YLadd NLane.D YLane,R Y Langford Y Lawrence Y Lawson YLee YLong YLord
Y Lucas Y Lupton NMann Y Martin Y McCoy Y McKelvey Y McKinney.B Y McKinney.C N Meadows Y Merritt YMilam Y Mills

Y Mobley Y Moody N Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr N Orrock
Y Padgett Y Parham Y Parrish
Patten
Y Pelote N Perry Y Pettit Y Pinholster
Y Pinkston YPoag Y Porter Y Poston Y Powell,A Y Poweil.C Y Purcell Y Randall YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill
Y Simpson Y Sinkfield Y Skipper Y Smith.L

Y Smith.P Y Smith.T
Smith.W Y Smyre Y Snow
Y Stancil.F Y Stancil,S N Stanley Y Stephens Y Streat N Taylor N Teper Y Thomas.C Y Thomas.M Y Thomas.N
N Thurmond Y Titus
Y Tolbert Y Townsend Y Turnquest N Twiggs
Y Valenti Y Vaughan Y Walker,J Y Walker,L Y Wall YWare
Y Watson Y Watts Y White N Wilder Y Williams,B N Williams.J Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 149, nays 25.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Walker of the 115th moved that the remaining Bills and Resolutions on the Rules Committee Calendar be carried forward until tomorrow morning, March 8, 1991.
The motion prevailed.

The following Resolution of the House was read:

HR 469. By Representatives Parrish of the 109th, Watts of the 41st, Murphy of the 18th, Walker of the 115th, Groover of the 99th and others:
A resolution commending Honorable Bill Lee.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

1906

JOURNAL OF THE HOUSE,

Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Y Brown Y Brush
YBuck Y Buckner
YByrd Y Campbell
Y Canty Y Carrell Y Carter Y Chafin Y Charnbless Y Cheeks Y Childers Y Clark.E Y Clark.H

Y Clark,L Y Coker Y Coteman Y Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings.M Y Davis.G Y Davis.M Y Dixon.H Y Dixon,S Y Dobbs Y Dover Y Dunn Y Edwards Y Blliott Y Felton Y Fennel Y Fioyd,J.M Y Floyd,J.W
Y Flynt YGodbee Y Golden Y Goodwin
Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Hanner Y Harris.B Y Harris,J Y Heard Y Henson

Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston
Y Klein YLadd Y Lane.D Y Lane,R Y Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas Y Lupton YMann Y Martin
Y McCoy Y McKelvey Y McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills

Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry
Y Pettit Y Pinholster Y Pinkston
YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell Y Randall
YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L

On the adoption of the Resolution, the ayes were 179, nays 0. The Resolution was adopted.

Y Smith.P Y Smith.T Y Smith, W Y Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N
Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall
Y Ware Y Watson
Y Watts Y White Y Wilder Y Williams.B
Y Williams.J Y Williams,R Y Yeargin
Y Murphy.Spkr

The following Resolution of the House was read and adopted:

HR 470. By Representatives Snow of the 1st, Streat of the 139th, Carrell of the 65th, Mobley of the 64th, Cummings of the 17th and others:
A resolution honoring Representative DeWayne Hamilton on the occasion of his birthday.

Representative Patten of the 149th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:

Mr. Speaker:
Your Committee on Natural Resources and Environment has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 385 Do Pass SB 272 Do Pass, by Substitute SB 97 Do Pass, by Substitute
Respectfully submitted, M Patten of the 149th
Chairman

Representative Benefield of the 72nd District, Chairman of the Committee on Transportation, submitted the following report:

THURSDAY, MARCH 7, 1991

1907

Mr. Speaker:
Your Committee on Transportation has had under consideration the following Resolution of the Senate and has instructed me to report the same back to the House with the following recommendation:
SR 235 Do Pass
Respectfully submitted, /s/ Benefield of the 72nd
Chairman

Representative Walker of the 115th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

1908

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Friday, March 8, 1991

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
The roll was called and the following Representatives answered to their names:

Adams Aiken Atkins Baker
Balkcom Barfoot Bargeron Barnett.M
Bates Beatty Benefield Birdsong Bordeaux Bostick Branch Breedlove Brooks Brown Brush Buck Buckner Byrd Campbell Canty Carrell Carter Chafm Chambless Cheeks

Childers Clark,E Clark,H Clark.L
Coker Colwell Connell Culbreth
Cummings.B Davis.G Davis.M Dixon,S Dobbs Dover Edwards Elliott Pelton Fennel Floyd,J.M Floyd,J.W Flynt Golden Goodwin Green Greene Griffin Groover Hammond Harris.B

HarrisJ Heard Henson Herbert
Hightower Holland Irwin Jackson
Jones Kilgore King Kingston Klein Ladd Lane.D Lane.R Langford Lawrence Lawson Lee Long Mann Martin McCoy McKelvey McKinney.B Meadows Merritt Milam

Mills Mobley Moody Morsberger
Moultrie Mueller Oliver.C Oliver.M
Orr Padgett Parham Parrish Patten Pelote Perry Pettit Pinholster Poag Poston Powell.A Powell.C Purcell Ray Reaves Ricketson Royal Selman Sherrill Sinkfield

Skipper Smith.L Smith,? Smith.W
Snow Stancil.F Stancil.S Stanley
Stephens Streat Taylor Teper Thomas.C Thomas.M Thomas.N Titus Tolbert Valenti Vaughan Walker.J Wall Ware Watson Watts Wilder Williams.B Williams,J Yeargin Murphy.Spkr

Prayer was offered by the Reverend Augusta H. Hall, Jr., Assistant Pastor, Saint Philip A.M.E. Church, Atlanta, Georgia.

The members pledged allegiance to the flag.

Representative Bargeron of the 108th, Chairman of the Committee on Journals, 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.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills.

FRIDAY, MARCH 8, 1991

1909

6. First reading and reference of Senate Bills and Resolutions.

By unanimous consent, the following Bills and Resolution of the House were introduced, read the first time and referred to the committees:

HB 1029. By Representatives Alford of the 57th, Dobbs of the 74th and Teper of the 46th:
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 motor vehicle conversion income tax credits.
Referred to the Committee on Ways & Means.

HB 1030. By Representative Byrd of the 153rd:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of judges of superior courts, so as to provide for a fifth judge of the superior courts of the Brunswick Judicial Circuit of Georgia; to provide for the appointment of the first such additional judge by the Governor.
Referred to the Committee on Judiciary.

HB 1031. By Representatives Byrd of the 153rd and Watson of the 114th:
A bill to amend Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to motor carriers, so as to provide for regulation of limousine carriers by the Public Service Commission.
Referred to the Committee on Motor Vehicles.

HB 1034. By Representative Poston of the 2nd:
A bill to amend Code Section 48-14-2 of the Official Code of Georgia Annotated, relating to apportionment of payments by the TVA in lieu of taxes, so as to provide for definitions.
Referred to the Committee on Ways & Means.

HB 1035. By Representatives Barnett of the 59th, Griffin of the 6th, Perry of the 5th, White of the 132nd, Cheeks of the 89th and others:
A bill to amend Chapter 10 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fireworks, so as to permit the sale of certain types of fireworks.
Referred to the Committee on Public Safety.

HR 471. By Representatives Hamilton of the 124th, Watson of the 114th and Teper of the 46th:
A resolution urging the Public Services and Utilities Subcommittee of the House Committee on Industry to study various aspects of the electric membership corporations.
Referred to the Committee on Industry.

By unanimous consent, the rules were suspended in order that the following Bills of the House could be introduced, read the first time and referred to the committees:

1910

JOURNAL OF THE HOUSE,

HB 1041. By Representatives Davis of the 45th, Williams of the 48th, Lawrence of the 49th, Williams of the 54th and Tolbert of the 58th:
A bill to provide that each resident of the DeKalb County School District who is 65 years of age or over or disabled shall be granted an exemption from all DeKalb County School District ad valorem taxes on the homestead of such resident.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1044. By Representatives Ladd of the 44th, Davis of the 45th, Tolbert of the 58th, Lawrence of the 49th and Williams of the 48th:
A bill to increase the amount of the homestead exemption from DeKalb County ad valorem taxes, except taxes to pay interest on and to retire bonded indebtedness, which applies to the homestead of each resident of DeKalb County actually occupied by the owner as a residence and homestead.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1045. By Representative Jenkins of the 80th:
A bill to amend an Act placing the judge of the Probate Court of Monroe County on an annual salary, so as to provide that the probate court judge shall have jurisdiction to try all misdemeanor cases arising in the county where the defendant waives a jury trial and pleads guilty.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1046. By Representatives Lee of the 72nd, Chafin of the 72nd, King of the 72nd, Benefield of the 72nd and Buckner of the 72nd:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, so as to change the provisions relative to the compensation of the deputy tax commissioner.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1047. By Representatives Watson of the 114th and Walker of the 113th:
A bill to amend an Act providing a new charter for the City of Warner Robins in Houston County, so as to provide for the inclusion of certain property within the corporate limits of said city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1049. By Representative Blitch of the 150th:
A bill to amend an Act incorporating the City of Homerville in Clinch County, so as to revise provisions relating to meetings of the city council.
Referred to the Committee on State Planning & Community Affairs - Local.

By unanimous consent, the following Bills and Resolution of the House and Senate were read the second time:

HB 1018 HB 1023
HB 1024

HB 1025 HB 1026
HB 1027

FRIDAY, MARCH 8, 1991

1911

HB 1028 HB 1032 HB 1033
HR 459

SB 226 SB 300 SB 442
SB 443

Representative Balkcom of the 140th District, Chairman of the Committee on Game, Fish & Parks, submitted the following report:

Mr. Speaker:
Your Committee on Game, Fish & Parks has had under consideration the following Resolution of the Senate and has instructed me to report the same back to the House with the following recommendation:
SR 264 Do Pass
Respectfully submitted, /a/ Balkcom of the 140th
Chairman

Representative Thomas of the 69th District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:

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

SB 85 Do Pass SB 170 Do Pass, as Amended
SB 212 Do Pass, as Amended

SB 224 Do Pass SB 267 Do Pass

Respectfully submitted, M Thomas of the 69th
Chairman

Representative Watson of the 114th District, Chairman of the Committee on Industry, submitted the following report:

Mr. Speaker:
Your Committee on Industry has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 357 Do Pass SB 367 Do Pass, by Substitute
Respectfully submitted, /s/Watson of the 114th
Chairman

Representative Patten of the 149th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:

Mr. Speaker:

1912

JOURNAL OF THE HOUSE,

Your Committee on Natural Resources and Environment has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 381 Do Pass, as Amended
Respectfully submitted, /s/ Patten of the 149th
Chairman

Representative Lee of the 72nd District, Chairman of the Committee on Rules, submitted the following report:

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolutions of the Senate and has instructed me to report the same back to the House with the following recommendations:
SR 174 Do Pass SR 205 Do Pass
Respectfully submitted, /s/ Lee of the 72nd
Chairman

Representative Randall of the 101st District, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 346 Do Pass, by Substitute SB 375 Do Pass, as Amended
Respectfully submitted, /s/ Randall of the 101st
Chairman

Representative Lane of the 27th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning & Community Affairs - Local Legislation has had
under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 953 Do Pass HB 990 Do Pass HB 992 Do Pass
HB 1006 Do Pass, by Substitute HB 1007 Do Pass
HB 1008 Do Pass HB 1010 Do Pass
HB 1011 Do Pass HB 1012 Do Pass

HB 1014 Do Pass HB 1015 Do Pass HB 1016 Do Pass
HB 1017 Do Pass HB 1021 Do Pass
SB 399 Do Pass HB 981 Do Pass
HB 982 Do Pass HB 1005 Do Pass

FRIDAY, MARCH 8, 1991

1913

Respectfully submitted, /s/ Lane of the 27th
Chairman
The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR FRIDAY, MARCH 8, 1991
Mr. Speaker and Members of the House:
By duly adopted motion of the House on March 7, the following Bills and Resolutions are carried forward to this 36th Legislative Day:
HR 347 Jt. St. Comm. on Fines & Forfeitures & Advisory Council; Create HR 432 No Pass, No Play; Urge State Board of Education to Revise Policy HR 443 Veterans Armed Forces Honor Commission; Create
SB 39 Credit Card Purchases; Prohibit Telephone Number Requirement SB 68 Personal Assistance Prog, for Persons W/Disabilities; Provisions SB 72 Extortion by Public Office; Criminal Offense SB 82 Real Estate Appraisers; License; Qualifications SB 87 Medical Records; Access by Long-Term Care Ombudsman or DHR SB 94 Georgia Hazardous Waste Management Authority; Composition SB 120 Bingo; Licensing Requirements SB 143 Medical Consent; Certain Persons; Authorization SB 160 Auctioneers; License Requirement; Continuing Education SB 161 Auctioneers; Ed., Research, & Recovery Fund; Create SB 163 Charitable Organizations; Financial Statements SB 235 Certain Facilities; Violations; Actions by DHR SB 238 Civil Practice; Continuances; Party in Armed Forces SB 279 Local Governments; Officers and Employees; Defenses SB 281 Hospital Authorities; Certain Organizations; Assistance SB 309 Insurance; Public Adjusters; Authority SB 311 Agriculture, Crops, Farm Products, Etc.; Define in Code
SR 201 H. O. Flipper; Issuance of Postage Stamp; Urge U. S. Postmaster
Your Committee on Rules has added the following Bills and Resolutions for this day's calendar:
SB 328 QBE; Student Assessments; Curriculum-Based & Norm-Referenced SR 179 Water Restrictions; Certain Landscaping; Urge Exemption
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Lee of the 72nd
Chairman
By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:
HB 981. By Representatives Buck of the 95th, Smyre of the 92nd, Culbreth of the 97th, Harris of the 96th, Moultrie of the 93rd and others:
A bill to repeal an Act approved March 18, 1986 (Ga. L. 1986, p. 3798) which continued in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the 1980 general election (Res. Act No. 153, Senate Resolution No. 227, Ga. L. 1980, p. 2009) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia, providing for certain adjustments in the exemptions from ad valorem taxation of homesteads for certain purposes in Muscogee County.

1914

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Abernathy Y Adams Y Aiken
Alford Y Atkins
Baker Y Balkcom
Y Barfoot Bargeron
Barnett,B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks
Brown Brush YBuck
Y Buckner YByrd
Campbell
Y Canty Y Carrell
Y Carter Y Chafin Y Chambless
Y Cheeks Y Childers
Y Clark,E Y Clark,H

Y Clark.L Y Coker
Coleman Y Colwell
Y Connell Y Culbreth Y Cummings,B
Cummings,M Davis.G Davis.M Y Dixon.H
Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott
Felton Y Fennel
Floyd,J.M Y Floyd,J.W
Flynt Y Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover
Hamilton Y Hammond Y Manner
Harris,B Y Harris,J Y Heard
Henson

Y Herbert Y Hightower
Holland Y Holmes
Y Howard E Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones
Kilgore King Kingston Y Klein YLadd Y Lane,D Y Lane.E Y Langford Y Lawrence Y Lawson YLee Long YLord Lucas
Lupton YMann
Y Martin Y McCoy Y McKelvey Y McKinney,B
McKinney.C Y Meadows Y Merritt Y Milam Y Mills

Y Mobley
Y Moody Y Morsberger
Y Moultrie Mueller Oliver.C Oliver.M
YOrr Orrock
Y Padgett Y Parham Y Parrish Y Patten
Y Pelote Y Perry Y Pettit
Pinholster Y Pinkston
YPoag Y Porter Y Poston Y Powell,A
Y Powell.C Y Purcell
Randall YRay Y Reaves Y Redding Y Ricketson Y Royal
Selman Sherrill
Simpson Y Sinkfield Y Skipper Y Smith,L

Y Smith.P Smith.T
Y Smith.W Smyre
Y Snow Y Stancil.F
Stancil,S Y Stanley
Y Stephens Y Streat Y Taylor Y Teper
Y Thomas.C Thomas.M
Y Thomas.N Thurmond
Y Titus Y Tolbert
Townsend Turnquest
Y Twiggs Y Valenti Y Vaughan' Y Walker,J
Walker.L Y Wall Y Ware
Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams.J Y Williams,R Y Yeargin
Murphy ,Spkr

On the passage of the Bill, the ayes were 133, nays 0. The Bill, having received the requisite two-thirds constitutional majority, was passed.

Representative Davis of the 45th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 982. By Representatives Buck of the 95th, Smyre of the 92nd, Culbreth of the 97th, Harris of the 96th, Moultrie of the 93rd and others:
A bill to repeal an Act approved March 18, 1986, which continued in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the 1982 general election (Res. Act No. 76, House Resolution No. 271, Ga. L. 1981, p. 1926) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia providing for the valuation of certain homestead property of Muscogee County for purposes of ad valorem taxation for school and consolidated city-county government purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

FRIDAY, MARCH 8, 1991

1915

Abernathy Y Adams Y Aiken
Alford Y Atkins
Baker
Y Balkcom Y Barfoot
Bargeron Barnett.B Y Barnett,M Y Bates Y Beatty Y Benefield
Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks
Brown Brush YBuck
Y Buckner YByrd
Campbell Y Canty Y Carrell Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark,H

Y Clark.L Y Coker
Coieman Y Colwell
Y Connell Y Culbreth Y Cummings,B
Cummings.M Davis.G Davis.M
Y Dixon.H Dixon.S
Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott
Felton Y Fennel
Floyd,J.M Y Floyd.J.W
Flynt Y Godbee Y Golden
Y Goodwin Y Green Y Greene
Y Griffin Y Groover
Hamilton Y Hammond Y Hanner
Harris ,B Y Harris,J Y Heard
Henson

Y Herbert Y Hightower
Holland Y Holmes Y Howard E Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones
Kilgore
King Kingston Y Klein YLadd Y Lane.D
Y Lane.R Y Langford Y Lawrence Y Lawson YLee
Long
YLord
Lucas Lupton YMann Y Martin Y McCoy Y McKelvey Y McKinney.B McKinney.C Y Meadows Y Merritt Y Milam Y Mills

Y Mobley Y Moody Y Morsberger
Y Moultrie Mueller Oliver.C Oliver.M
YOrr
Orrock Y Padgett Y Parham
Y Parrish Y Patten Y Pelote Y Perry Y Pettit
Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C
Y Purcell Randall
YRay Y Reaves Y Redding Y Ricketson Y Royal
Selman Sherrill Simpson Y Sinkfield Y Skipper Y Smith.L

Y Smith.P Smith.T
Y Smith,W Smyre
YSnow Y Stancil,F
Stancil.S Y Stanley Y Stephens Y Streat Y Taylor
Y Teper Y Thomas.C
Thomas.M Y Thomas,N
Thurmond Y Titus Y Tolbert
Townsend Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Walker.L Y Wall Y Ware Y Watson Y Watts White Y Wilder Y Williams.B Y Williams,J Y Williams,R Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 133, nays 0. The Bill, having received the requisite two-thirds constitutional majority, was passed.

Representative Davis of the 45th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1005. By Representatives Dobbs of the 74th and Stancil of the 66th:
A bill to provide for homestead exemptions from Newton County and Newton County School District ad valorem taxation.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Abernathy Y Adams Y Aiken
Alford Y Atkins
Baker Y Balkcom Y Barfoot
Bargeron Barnett,B
Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux

Y Bostick Y Branch Y Breedlove Y Brooks
Brown Brush YBuck Y Buckner YByrd Campbell Y Canty Y Carrell
Y Carter Y Chafin
Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark,H Y Clark.L
Y Coker Coieman
Y Colwell Y Connell Y Culbreth Y Cummings.B
Cummings.M Davis.G Davis,M Y Dixon,H
Dixon.S Y Dobbs Y Dover
YDunn

Y Edwards Y Elliott
Felton Y Fennel
Floyd,J.M Y Floyd,J.W
Flynt Y Godbee Y Golden
Y Goodwin Y Green Y Greene Y Griffin Y Groover
Hamilton Y Hammond Y Hanner

Harris,B Y Harris,J
Y Heard Henson
Y Herbert Y Hightower
Holland Y Holmes Y Howard E Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones
Kilgore King

1916

JOURNAL OF THE HOUSE,

Kingston Y Klein YLadd YLane,D
Y Lane,R Y Langford Y Lawrence Y Lawson YLee
Long YLord
Lucas Lupton YMann Y Martin
YMcCoy Y McKelvey
Y McKinney,B McKinney.C

Y Meadows Y Merritt Y Milam Y Mills
Y Mobley Y Moody Y Morsberger
Y Moultrie Mueller Oliver.C Oliver.M
YOrr Orrock
Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry

Y Pettit Pinholster
Y Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell
Randall
YRay Y Reaves Y Redding Y Ricketson
Y Royal Selman SherriU Simpson
Y Sinkfield

Y Skipper Y Smith,L Y Smith,?
Smith.T Y Smith,W
Smyre YSnow
Y Stancil.F Stancil.S
Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C
Thomas.M Y Thomas.N
Thurmond Y Titus

Y Tolbert Townsend Turnquest
Y Twiggs Y Valenti Y Vaughan Y Walker,J
Walker.L Y Wall Y Ware Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams,J Y Williams,R Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 133, nays 0. The Bill, having received the requisite two-thirds constitutional majority, was passed.

Representative Davis of the 45th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 953. By Representative Hudson of the 117th:
A bill to provide for the Board of Education of Pulaski County and consolidate and restate provisions of law relating to the board; to provide for the nonpartisan nomination and election of the members of the Board of Education of Pulaski County upon the expiration of regular terms of office.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 133, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 990. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th:
A bill to create and establish the Douglasville-Douglas County Charter Commission.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 133, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 992. By Representatives Breedlove of the 60th, Orr of the 9th, Lawson of the 9th and Jackson of the 9th:
A bill creating a new charter for the City of Buford, so as to deannex certain property from the corporate limits of the city.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

FRIDAY, MARCH 8, 1991

1917

On the passage of the Bill, the ayes were 133, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1006. By Representatives Alford of the 57th, Irwin of the 57th and Henson of the 57th:
A bill to repeal an Act providing for a board of registrations and elections in each county of this state having a population of not less than 18,150 and not more than 18,250 according to the United States decennial census of 1970 or any future such census.

The following Committee substitute was read and adopted:

A BILL
To repeal an Act providing for a board of registrations and elections in each county of this state having a population of not less than 18,150 and not more than 18,250 according to the United States decennial census of 1970 or any future such census, approved March 19, 1981 (Ga. L. 1981, p. 3144), as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing for a board of registrations and elections in each county of this state having a population of not less than 18,150 and not more than 18,250 according to the United States decennial census of 1970 or any future such census, approved March 19, 1981 (Ga. L. 1981, p. 3144), as amended, is repealed in its entirety.
Section 2. This Act shall become effective June 30, 1991.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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, by substitute, the ayes were 133, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1007.

By Representatives Redding of the 50th, Oliver of the 53rd, Valenti of the 52nd, Williams of the 54th, Teper of the 46th and others:
A bill to amend an Act establishing the form of government of DeKalb County and fixing the powers and duties of the officers constituting the governing authority of DeKalb County, so as to provide for the annual salary of the Chief Executive Officer.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 133, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1008. By Representatives Lucas of the 102nd, Groover of the 99th, Elliott of the 103rd, Pinkston of the 100th, Randall of the 101st and others:
A bill to amend an Act providing a new charter for the City of Macon, so as to change the corporate limits of said city.

1918

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 133, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1010. By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to provide for the creation of one or more community improvement districts in Henry County and in each municipality therein.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 133, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1011. By Representatives Dunn of the 73rd and Smith of the 78th: A bill to provide a new charter for the City of Stockbridge.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 133, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1012.

By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to amend an Act fixing the compensation of the members of the Board of Education of Henry County, so as to change the compensation of the chairman and other members of the Board of Education of Henry County.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 133, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1014.

By Representative Green of the 106th:
A bill to create a public body corporate and politic and an instrumentality of the City of Sparta and Hancock County, to be known as the SpartaHancock Public Facilities Authority.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 133, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1015. By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to amend an Act making provisions for the Magistrate Court of Henry County, so as to change the compensation of the chief magistrate.

FRIDAY, MARCH 8, 1991

1919

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 133, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1016. By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to amend an Act providing for a salary and expense allowance for the coroner of Henry County.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 133, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1017.

By Representatives Jones of the 71st, Meadows of the 91st, Flynt of the 75th and Ware of the 77th:
A bill to amend an Act creating a Board of Commissioners of Coweta County, so as to provide for an additional member of the board of commissioners to be elected at large by the qualified voters of the county.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 133, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1021.

By Representatives Hightower of the 36th, Lee of the 72nd, Benefield of the 72nd, Chafin of the 72nd, Buckner of the 72nd and others:
A bill to amend an Act creating the City of College Park, so as to provide for districting of said city into four wards; to provide for the date of municipal elections.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 133, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

SB 399. By Senators Ragan of the 32nd, Newbill of the 56th, Clay of the 37th and others:
A bill to amend an Act creating a new charter for the City of Smyrna, as amended, so as to change the corporate limits of the City of Smyrna.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 133, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

1920

JOURNAL OF THE HOUSE,

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House:
HB 14. By Representative Lane of the 27th:
A bill to amend Code Section 21-2-470 of the Official Code of Georgia Annotated, relating to procedures in precincts using vote recorders for obtaining ballot cards, recording votes thereon, and depositing ballot cards to conform to procedures prescribed for paper ballots with respect to elections and primaries generally, so as to provide that the superintendent shall modify a voting booth in each precinct or make paper ballots available for certain handicapped electors and shall provide sufficient accommodations to permit such handicapped electors to vote in private.
HB 26. By Representative Godbee of the 110th:
A bill to amend Code Section 31-1-7 of the Official Code of Georgia Annotated, relating to the marking of all dentures and other removable dental prostheses, so as to require all dentures and other removable dental prostheses to be marked with the name or social security number of the intended wearer.

HB 67. By Representatives Thomas of the 69th, Groover of the 99th and Pettit of the 19th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change the provisions relating to the rights of the State Election Board to institute or to intervene in actions to compel compliance with the election or primary laws of this state or with valid rules or regulations of the board or to restrain or prevent or prohibit certain conduct.
HB 139. By Representatives Parham of the 105th, Barnett of the 10th and Harris of the 84th:
A bill to amend Article 7 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, the "Uniform Commercial Driver's License Act," so as to change the applicability of the Act to certain types of vehicles; to change certain requirements for issuance of a commercial driver's license.

HB 146. By Representative Aiken of the 21st:
A bill to amend Code Section 20-2-795.1 of the Official Code of Georgia Annotated, relating to reports to the Professional Practices Commission of certain offenses committed by school system educators, so as to change the list of reportable offenses.

HB 296. By Representatives Teper of the 46th, Alford of the 57th, Sherrill of the 47th, Irwin of the 57th, Redding of the 50th and others:
A bill to amend Code Section 47-20-10 of the Official Code of Georgia Annotated, relating to minimum employer contributions to retirement systems under the "Public Retirement Systems Standards Law," so as to provide that prefunding anticipated future costs of providing health care benefits for retired employees shall not be subject to such minimum funding requirements.

FRIDAY, MARCH 8, 1991

1921

HB 315. By Representative Childers of the 15th:
A bill to amend Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to the Georgia Board of Dentistry and the licensed practice of dentistry and dental hygienists, so as to change the definition of the acts which constitute the practice of dentistry.

HB 344. By Representative Lawson of the 9th:
A bill to amend Code Section 20-2-2002 of the Official Code of Georgia Annotated, relating to the establishment of an interlocal risk management agency for boards of education, and Code Section 36-85-1 of the Official Code of Georgia Annotated, relating to definitions used with respect to interlocal risk management agencies, so as to authorize boards of education of independent school systems to participate in the interlocal risk management agency for municipalities.

HB 429. By Representatives Walker of the 115th, Groover of the 99th, Watson of the 114th, Murphy of the 18th and Walker of the 113th:
A bill to amend Code Section 47-9-60 of the Official Code of Georgia Annotated, relating to the office of senior judge, so as to provide that a judge who is receiving a disability retirement benefit is authorized to become a senior judge.

HB 476. By Representative Groover of the 99th:
A bill to amend Code Section 36-12-5 of the Official Code of Georgia Annotated, relating to interment of deceased indigent persons, so as to allow the amount of expense incurred by the county governing authority for interment of deceased indigent persons to be determined at the discretion of the governing authority of each county without limitation linked to the population of the county.

HB 478. By Representatives Groover of the 99th and Murphy of the 18th:
A bill to amend Code Section 47-9-70 of the Official Code of Georgia Annotated, relating to retirement and eligibility for benefits under the "Act Creating the Superior Court Judges Retirement System," so as to delete the provisions relative to mandatory retirement age and forfeiture of benefits in connection therewith.

HB 492. By Representative Lawson of the 9th:
A bill to amend Article 2 of Chapter 5 of Title 24 of the Official Code of Georgia Annotated, relating to copies of writings as evidence, so as to provide for the admissibility into evidence of certain noneraseable optical image reproductions.

HB 493. By Representatives Watts of the 41st, Murphy of the 18th and Cummings of the 17th:
A bill to provide for an additional assistant district attorney for the Tallapoosa Judicial Circuit and provide for appointment, qualifications, employment status, duties, compensation, and expenses of such office.

1922

JOURNAL OF THE HOUSE,

HB 569. By Representatives Walker of the 113th, Skipper of the 116th, Holland of the 136th, Campbell of the 23rd, Walker of the 115th and others:
A bill to amend Code Section 44-7-51 of the Official Code of Georgia Annotated, relating to the issuance of summons, service, answers, defenses, and counterclaims in dispossessory proceedings, so as to provide that a clerk or deputy clerk of the magistrate court may grant and issue such summons.
HB 578. By Representatives Coleman of the 118th, Poston of the 2nd and Colwell of the 4th:
A bill to amend Code Section 50-9-5 of the Official Code of Georgia Annotated, relating to the general powers of the Georgia Building Authority, so as to provide that the Georgia Building Authority may acquire and dispose of real property for railroad operations.
HB 609. By Representative Lane of the 27th:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change the population requirements of those provisions of said title applicable to municipalities having a population of 400,000 or more.
HB 611. By Representative Lane of the 27th:
A bill to amend Code Section 50-5-184 of the Official Code of Georgia Annotated, relating to the coordination of joint use of public safety radio services owned or used by state, county, and municipal governments, so as to change the population requirements of said Code section.

HB 612. By Representative Lane of the 27th:
A bill to repeal an Act providing for the creation and operation of city business improvement districts within municipalities having a population of more than 400,000 according to the United States decennial census of 1980, or any future such census.
HB 614. By Representative Lane of the 27th:
A bill to amend Code Section 8-3-50 of the Official Code of Georgia Annotated, relating to the appointment, qualifications, and tenure of housing authority commissioners, so as to change the population requirements of said Code section applicable to municipalities having a certain population.

HB 615. By Representative Lane of the 27th:
A bill to amend Code Section 22-4-11.1 of the Official Code of Georgia Annotated, relating to municipalities with populations of 400,000 or more, according to the United States decennial census of 1970 or any future census, exercising powers for public works projects not financed in whole or in part from federal funds, so as to change the population requirements; to repeal a specific Act.

HB 656. By Representative Cummings of the 17th:
A bill to amend Code Section 47-3-83 of the Official Code of Georgia Annotated, relating to creditable service for military service under the Teachers Retirement System of Georgia, so as to provide for a continuation of employer contributions for members required to perform ordered military duty.

FRIDAY, MARCH 8, 1991

1923

SB 449. By Senator White of the 48th:
A bill to amend an Act providing a new charter for the City of Sugar Hill, as amended, so as to change the corporate limits of the city; to annex certain property into the city; to deannex certain property from the city.

HB 864. By Representatives Tolbert of the 58th, Sherrill of the 47th, Oliver of the 53rd, Irwin of the 57th, Williams of the 48th and others:
A bill to provide a new charter for the City of Pine Lake.

HB 876. By Representatives Hammond of the 20th, Clark of the 20th (Post 3), Aiken of the 21st, Vaughan of the 20th, Atkins of the 21st and others:
A bill to amend an Act creating a system of public schools for the City of Marietta, so as to change the dates on which the city council shall advertise vacancies on the board of education and elect members to fill such vacancies.

HB 890. By Representatives Clark of the 20th (Post 3), Vaughan of the 20th, Wilder of the 21st, Klein of the 21st, Clark of the 20th (Post 4) and others:
A bill to amend an Act creating a new charter for the City of Kennesaw, so as to change the corporate limits of the city.

HB 891. By Representative Parrish of the 109th:
A bill to amend an Act providing for a chief magistrate and a magistrate of the Magistrate Court of Candler County, so as to provide for the appointment of the chief magistrate and magistrate by a vote of the judges of the superior courts of the Middle Judicial Circuit.

HB 899. By Representatives Flynt of the 75th and Adams of the 79th:
A bill to create the Pike Clean and Beautiful Authority for the purpose of assisting the Board of Commissioners of Pike County in establishing a solid waste recycling program and promoting environmental awareness.

HB 915. By Representatives Dixon of the 151st and Smith of the 152nd:
A bill to create the Kingsland Area Convention and Visitors Bureau Authority as a public body corporate and politic, a political subdivision of the state, and a public corporation to have the responsibility of promotion of tourism, trade, and conventions for Kingsland, Georgia.

HB 917. By Representatives Thurmond of the 67th, Stephens of the 68th, Clark of the 13th and Powell of the 13th:
A bill to amend an Act establishing a City Court in the County of Clarke, formerly known as the State Court of Clarke County, now known as the State Court of Athens-Clarke County, so as to continue the existing term of the present Judge of said Court.

HB 922. By Representative Holland of the 136th:
A bill to amend an Act providing a new charter for the City of Warwick, so as to provide that the mayor and members of the city council shall serve for four-year terms.

1924

JOURNAL OF THE HOUSE,

HB 929. By Representative Ricketson of the 82nd:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Glascock, so as to delete the requirement of the payment of county obligations by county warrants; to provide that county obligations shall be paid in a manner to be prescribed by the board of commissioners.

HB 930. By Representatives Godbee of the 110th and Bargeron of the 108th:
A bill to create a public body corporate and politic, and an instrumentality of the County of Burke, to be known as the Burke County Economic Development Authority.

HB 931. By Representatives Godbee of the 110th and Bargeron of the 108th:
A bill to provide for the creation of one or more community improvement districts in Burke County and in each municipality therein.

HB 935. By Representatives Colwell of the 4th and Twiggs of the 4th:
A bill to amend an Act creating the Coosa Water Authority, so as to change the geographic boundaries of the service area of the authority.

HB 940. By Representatives Colwell of the 4th and Twiggs of the 4th:
A bill to amend an Act creating the Notla Water Authority, so as to change the geographic boundaries of the service area of the Authority.

HB 941. By Representatives Buck of the 95th, Culbreth of the 97th, Taylor of the 94th, Moultrie of the 93rd, Harris of the 96th and others:
A bill to create a board of elections and registration for Muscogee County and to empower the board with the powers and duties of the present board of elections and the board of voter registrars relating to the conduct of elections and primaries and the registration of voters and absentee balloting procedures pursuant to subsection (b) of Code Section 21-2-40 of the Official Code of Georgia Annotated.

HB 942. By Representatives Buck of the 95th, Culbreth of the 97th, Taylor of the 94th, Moultrie of the 93rd, Harris of the 96th and others:
A bill to amend an Act establishing the State Court of Muscogee County, so as to provide for a full-time chief assistant solicitor; to provide for duties and compensation; to abolish a certain position of assistant solicitor upon certain appointment.

HB 947. By Representatives Murphy of the 18th, Watts of the 41st and Cummings of the 17th:
A bill to provide for a supplemental expense allowance for the judges of the superior courts of the Tallapoosa Judicial Circuit; to provide for a supplemental expense allowance for the district attorney of the Tallapoosa Judicial Circuit.
The Senate has passed, by substitute, by the requisite consitutional majority the following Bills of the House:

FRIDAY, MARCH 8, 1991

1925

HB 69. By Representatives Thomas of the 69th and Groover of the 99th:
A bill to amend Article 1 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to certiorari and appeals to appellate courts in general, so as to change the bill of costs in every case carried to the Supreme Court or to the Court of Appeals to $100.00.

HB 118. By Representatives Walker of the 115th, Groover of the 99th and Bostick of the 138th:
A bill to amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, the "Georgia Administrative Procedure Act," so as to provide that any document required to be received by or filed with any state agency shall be deemed to be received by or filed with such agency upon the date such document is actually received or upon the official postmark date such document is mailed, properly addressed with postage prepaid, by registered or certified mail.

HB 269. By Representative Childers of the 15th:
A bill to amend Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, so as to change the provisions relating to certificates of birth for adoptees born outside the state; to change the provisions relating to new certificates of birth following adoption or legitimation.

HB 420. By Representative Hammond of the 20th:
A bill to amend Code Section 48-13-51 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 provide authorization with certain conditions for certain counties and municipalities to levy such tax.

HB 528. By Representatives Dobbs of the 74th, Walker of the 115th, Watson of the 114th, Alford of the 57th, Colwell of the 4th and others:
A bill to amend Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mechanics' and materialmen's liens, so as to provide for the preclusion of the waiver of mechanics' lien and bond rights in advance of performance of labor or provision of materials.

HB 646. By Representatives Parham of the 105th, Jackson of the 9th and Barnett of the 10th:
A bill to amend Code Section 10-1-651 of the Official Code of Georgia Annotated, relating to termination, cancellation, or nonrenewal of a motor vehicle franchise, so as to provide that the protections afforded to motor vehicle dealers shall be available to a motor vehicle distributor.
The Senate has adopted by the requisite constitutional majority the following Resolutions of the House:

HR 157. By Representatives Holmes of the 28th, McKinney of the 35th, Orrock of the 30th, Sinkfield of the 37th, Hightower of the 36th and others:
A resolution designating the Lorenzo Benn Youth Development Center.

1926

JOURNAL OF THE HOUSE,

HR 337. By Representatives Smith of the 156th and Fennel of the 155th:
A resolution providing for the dedication of the Department of Natural Resources Regional Headquarters Building in Brunswick, Georgia, in honor of Samuel Thomas Cofer.
The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House:
HB 133. By Representatives Parham of the 105th, Barnett of the 10th and Harris of the 84th:
A bill to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to records of the Department of Public Safety, so as to change certain provisions regarding access to certain motor vehicle records.
The Senate has agreed to the House amendment to the following Bill and Resolution of the Senate:
SB 154. By Senator Johnson of the 47th:
A bill to amend Code Section 33-24-3 of the Official Code of Georgia Annotated, relating to the requirements for finding an insurable interest for purposes of obtaining personal insurance, so as to clarify the intent of the law that any corporation, foreign or domestic, shall have an insurable interest in the life or physical or mental ability of any of its directors, officers, or employees or the directors, officers, or employees of any of its subsidiaries.
SR 106. By Senator Kidd of the 25th:
A resolution authorizing the conveyance of certain state owned real property located in Baldwin County, Georgia, to Garvis Youngblood and the acceptance of certain real property owned by Garvis Youngblood located in Baldwin County, Georgia, in consideration therefor; to provide an effective date.
The Senate has agreed to the House substitutes to the following Bills and Resolutions of the Senate:
SB 142. By Senator Ramsey of the 54th:
A bill to amend Chapter 14 of Title 12 of the Official Code of Georgia Annotated, relating to oil or hazardous material spills or releases, so as to define certain terms; to provide for reporting of spills or releases of hazardous substances in certain amounts.
SB 169. By Senator Egan of the 40th:
A bill to amend Code Section 36-37-6.1 of the Official Code of Georgia Annotated, relating to the sale, exchange, lease, or grant of an easement over certain property by certain municipalities, so as to provide that such municipalities are authorized to enter into certain contracts relating to such property; to provide an effective date.
SB 180. By Senators Ragan of the 10th, Foster of the 50th, Hasty of the 51st and others:
A bill to amend Code Section 45-20-51 of the Official Code of Georgia Annotated, relating to definitions applicable to allowing voluntary deductions from wages or salaries of state employees for the benefit of certain charitable organizations, so as to change the definition of an eligible voluntary charitable organization to include the Georgia Fund for Technical and Adult Education, Inc.

FRIDAY, MARCH 8, 1991

1927

SB 289. By Senator Timmons of the llth:
A bill to amend Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, known as the "Georgia Emergency Telephone Number '911' Service Act of 1977," so as to provide for the designation of the public safety answering point within certain counties; to provide for a definition; to provide an effective date.
SB 347. By Senators Robinson of the 16th and Pollard of the 24th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to enhance the financial regulatory capabilities of the Commissioner of Insurance; to provide for insurer statement filings with the National Association of Insurance Commissioner; to provide for limited immunity in the use of information; to provide for confidentiality; to provide sanctions; to establish methods of allowance of credit for reinsurance.
SR 90. By Senator Kidd of the 25th:
A resolution authorizing the conveyance of certain state owned real property located in Baldwin County, Georgia; to provide an effective date.
SR 140. By Senator Echols of the 6th:
A resolution authorizing the conveyance of certain state owned real property located in Brantley County, Georgia, to the Brantley County Board of Education; to provide an effective date.
The Senate recedes from its amendment to the following Bill of the House:
HB 274. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st, Patten of the 149th, Poston of the 2nd and others:
A bill to amend Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to general matters relating to the Environmental Protection Division of the Department of Natural Resources, so as to provide for the appointment and removal of the director of such division; to create an Environmental Advisory Council.

By unanimous consent, the following Bill of the Senate was read the first time and referred to the committee:

SB 449. By Senator White of the 48th:
A bill to amend an Act providing a new charter for the City of Sugar Hill, as amended, so as to change the corporate limits of the city; to annex certain property into the city; to deannex certain property from the city.
Referred to the Committee on State Planning & Community Affairs - Local.

By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Health and Ecology and referred to the Committee on Judiciary:
SB 93. By Senator Johnson of the 47th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to add a new chapter authorizing and regulating orders not to resuscitate certain patients; to provide legislative findings; to provide definitions; to provide for certain presumptions; to provide for the legality of certain orders not to resuscitate.

1928

JOURNAL OF THE HOUSE,

The following Resolution of the House was read:

HR 472. 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, March 8, 1991, and shall reconvene on Monday, March 11, 1991.
BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hour for convening the Senate on March 11 may be as ordered by the Senate; and the hour for convening the House on March 11 may be as ordered by the House.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Abernathy Adams Y Aiken Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Barnett,B Y Barnett.M Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick
Y Branch Y Breedlove
Y Brooks Y Brown Y Brush YBuck
Y Buckner YByrd Y Campbell
Y Canty Y Carrell
Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.H

Y Clark.L Y Coker
Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B
Cummings.M Y Davis.G
Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards
Y Elliott Y Felton Y Fennel
Floyd,J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden
Goodwin Y Green Y Greene Y Griffin Y Groover
Hamilton Y Hammond Y Hanner Y Harris.B Y Harris,J Y Heard
Henson

Y Herbert Y Hightower Y Holland
Holmes Y Howard E Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein
YLadd Y Lane,D
Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong YLord
Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney,B McKinney.C Y Meadows Y Merritt Y Milam Y Mills

Y Mobley Y Moody Y Morsberger
Y Moultrie Mueller
Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston
YPoag Y Porter
Y Poston Y Powell,A Y Powell.C Y Purcell Y Randall YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill E Simpson Y Sinkfield Y Skipper Y Smith.L

On the adoption of the Resolution, the ayes were 152, nays 0. The Resolution was adopted.

Y Smith.P Smith.T
Y Smith, W Smyre
YSnow
Y Stancil.F Y Stancil.S Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N
Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti
Y Vaughan Y Walker,J
Walker.L Y Wall Y Ware Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams,J Y Williams.R Y Yeargin
Murphy.Spkr

Representative Davis of the 45th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:

FRIDAY, MARCH 8, 1991

1929

SB 309. By Senators Edge of the 28th and Thompson of the 33rd:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to define the authority of public adjusters; to prohibit contingent fee contracts; to provide that it shall be prohibited for a public adjuster to suggest or advise the employment of or give the name of an attorney to any insured or to accept referral fees or compensation from an attorney.

By unanimous consent, further consideration of SB 309 was postponed until Monday morning, March 11, 1991, immediately following the period of unanimous consents.

SB 163. By Senator Burton of the 5th:
A bill to amend Code Section 43-17-5 of the Official Code of Georgia Annotated, relating to registration of charitable organizations, so as to change the provisions relating to the financial statements of a charitable organization which are required to be filed with the Secretary of State.

The following amendment was read and adopted:

The State Planning & Community Affairs Committee moves to amend SB 163 by inserting on line 9 of page 3 between the words "statement" and "shall" the following:
"shall be prepared by an independent certified public accountant and"
By inserting on line 23 of page 5 between the words "statement" and "shall" the following:
"shall be prepared by an independent certified public accountant and"

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, as amended, the ayes were 109, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.

SB 235. By Senator Olmstead of the 26th:
A bill to amend Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, so as to provide for the actions by the department with respect to certain violations by any agency, facility, institution, or entity subject to regulation by the department under Chapters 7, 13, 22, and 23 of Title 31 of Chapter 5 of Title 49; to provide for exceptions.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 113, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

1932

JOURNAL OF THE HOUSE,

"(7) To accept loans or grants of money or materials or property of any kind from the United States of America or the State of Georgia or any agency or instrumentality thereof or any public or private entity, upon such terms and conditions as the United States of America or the State of Georgia or such agency or instrumentality thereof or such public or private entity may impose;".
Section 6. Said article is further amended by striking in its entirety Code Section 12-8-112.1, relating to a statement of state policy, which reads as follows:
"12-8-112.1. It is the policy of the State of Georgia to encourage generators of hazardous waste to minimize to the greatest extent possible the amount of hazardous waste which requires treatment, storage, or disposal through reuse, recycling, source substitution, treatment, and other methods. The authority shall promote hazardous waste minimization efforts among generators of hazardous waste and shall work with the department to encourage hazardous waste minimization. The authority is authorized to charge for the use of its facilities and its services so as to further this policy.", and inserting in lieu thereof the following:
"12-8-112.1. It is the policy of the State of Georgia that priority in state hazardous waste management programs be given to source reduction. The authority shall plan and develop programs and activities to encourage and facilitate source reduction efforts. The authority is authorized to charge for the use of its facilities and its services so as to further this policy."
Section 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 8. All laws and parts of laws in conflict with this Act are repealed.

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, by substitute, the ayes were 105, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

SB 279. By Senator Baldwin of the 29th:
A bill to amend Article 2 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to insurance and indemnification of officers and employees of municipalities, counties, and other public bodies, so as to change provisions relating to local governments providing defenses for their officers and employees; to provide for related matters; to provide an effective date.

The following Committee substitute was read and adopted:

A BILL
To amend Article 2 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to insurance and indemnification of officers and employees of municipalities, counties, and other public bodies, so as to change provisions relating to local governments providing defenses for their officers and employees; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to insurance and indemnification of officers and employees of municipalities, counties, and other public bodies, is amended by striking Code Section 45-9-21,

FRIDAY, MARCH 8, 1991

1933

relating to furnishing a defense to officers and employees of municipalities, counties, and other public bodies in lieu of insurance, and inserting in its place a new Code section to read as follows:
"45-9-21. (a) In lieu of obtaining the insurance or indemnity referred to in Code Section 45-9-20 or in addition thereto, such municipalities, counties, and other public bodies may, in their discretion, as a part of the compensation and terms of employment of members of the governing bodies of such municipalities, counties, and other public bodies, and of supervisors, administrators, employees, or other elected or appointed officers, adopt policies whereby the municipality, county, and other public body will undertake to defend all or specified civil, criminal, or quasi-criminal actions brought or maintained against members of the municipality, county, or other public body, or against supervisors, administrators, employees, or other elected or appointed municipal or county officers, arising out of the performance of their duties or in any way connected therewith, whether based upon negligence, violation of contract rights, or violation of civil, constitutional, common law, or statutory rights f provided, however, such governmental entity
(b) The governing authority of a municipality, county, or other public body shall not be authorized to furnish a defense to any person charged with a criminal offense involving theft, embezzlement, or other like crime with respect to the property or money of or in which said governmental entity has an interest.
(c) Notwithstanding the provisions of subsection (b) of this Code section, the governing authority of a municipality, county, or other public body shall be authorized to reimburse any person charged with a criminal offense involving theft, embezzlement, or other like crime with respect to the property or money of or in which said governmental entity has an interest for all or a part of the cost of the defense of such person if such person is found not guilty of such crime or if the charges against such person are dismissed or nolle pressed.
(d) Stteh municipalities, counties, ad other public bodies A municipality, county, or other public body may expend state, federal, and local funds for such purposes to effectuate the provisions of this Code section, including, but not limited to, attorney's fees, court costs, deposition costs, witness fees and compensation, and all other like costs, expenses, and fees."
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.
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, by substitute, the ayes were 99, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
SB 143. By Senator Ramsey of the 54th:
A bill to amend Code Section 31-9-2 of the Official Code of Georgia Annotated, relating to persons authorized to consent to surgical or medical treatment, so as to change which persons are authorized to consent to surgical or medical treatment.
The following Committee substitute was read:
A BILL
To amend Code Section 31-9-2 of the Official Code of Georgia Annotated, relating to persons authorized to consent to surgical or medical treatment, so as to change which persons are authorized to consent to surgical or medical treatment; to provide standards for consent; to repeal conflicting laws; and for other purposes.

1934

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 31-9-2 of the Official Code of Georgia Annotated, relating to persons authorized to consent to surgical or medical treatment, is amended by striking subsection (a) of said Code section and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) In addition to such other persons as may be authorized and empowered, any one of the following persons is authorized and empowered to consent, either orally or otherwise, to any surgical or medical treatment or procedures not prohibited by law which may be suggested, recommended, prescribed, or directed by a duly licensed physician:
(1) Any adult, for himselft whether by living will or otherwise; (1.1) Any person authorized to give such consent for the adult under a health care agency complying with Chapter 36 of Title 31, the 'Durable Power of Attorney for Health Care Act'; (2) In the absence or unavailability of a living spouse, Any any parent, whether an adult or a minor, for his minor child; (3) Any married person, whether an adult or a minor, for himself and for his spouse; (4) Any person temporarily standing in loco parentis, whether formally serving or not, for the minor under his care; and any guardian, for his ward; (5) Any female, regardless of age or marital status, for herself when given in connection with pregnancy, or the prevention thereof, or childbirth; (6) Upon the inability of any adult to consent for himself and in the absence of any person to consent under paragraphs (2) through (5) of this subsection the following persons in the following order of priority:
(A) Any adult child for his parents; (B) Any parent for his adult child; (C) Any adult for his brother or sister; or (D) Any grandparent for his grandchild. (b) Any person authorized and empowered to consent under subsection (a) of this Code section shall, after being informed of the provisions of this Code section, good faith to consent to surgical or medical treatment or procedures which the __ would have wanted had the patient understood the circumstances under which such treatment or procedures are provided. (c) For purposes of this Code section, 'inability of any adult to consent for himself shall mean a determination in the medical record by a licensed physician after the physician has personally examined the adult and concurred in by another licensed physician, if available, and if not available, by some other health care provider, that the adult 'lacks sufficient understanding or capacity to make significant responsible decisions' regarding his medical treatment or the ability to communicate by any means such decisions."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Chambless of the 133rd moves to amend the Committee substitute to SB 143 as follows:
By deleting everything on page 3 beginning at line 1 with the word "and" through line 3 ending with "provider,".

The Committee substitute, as amended, was adopted.

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, by substitute, as amended, the ayes were 100, nays 1.

FRIDAY, MARCH 8, 1991

1935

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Dover of the llth District, Chairman of the Committee on Ways & Means, submitted the following report:

Mr. Speaker:
Your Committee on Ways & Means has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 201 Do Pass, by Substitute
Respectfully submitted, /s/ Dover of the llth
Chairman

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 867. By Representative Ware of the 77th: A bill to provide a new board of commissioners of Heard County.

The following Senate amendment was read:

Amend HB 867 by striking from line 20 of page 1 the word "amend" and inserting in its place the word "repeal".
By striking lines 24 through 27 of page 9 and inserting in lieu thereof the following:
"compensation;
(16) To require all county officers to report on the general or specific conduct of the financial affairs of their respective offices; and
(17) To exercise all powers now or hereafter vested in county governing authorities by the Constitution and general laws of this state, specifically including, but not limited to, the power of eminent domain for any public purpose."

Representative Ware of the 77th moved that the House agree to the Senate amendment to HB 867.
On the motion the ayes were 110, nays 0.
The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 856. By Representatives Walker of the 113th and Watson of the 114th:
A bill to amend an Act incorporating the City of Centerville, so as to revise provisions relating to the authority of the police court to impose fines and imprisonment; to provide that neither the mayor nor any councilmember may hold an elected or appointed office or otherwise be employed by the city.

1936

JOURNAL OF THE HOUSE,

The following Senate substitute was read:

A BILL
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 6, 1981 (Ga. L. 1981, p. 4019) and an Act approved March 11, 1964 (Ga, L. 1964, p. 2858), so as to revise provisions relating to the authority of the police court to impose fines and imprisonment; to provide that neither the mayor nor any councilmember may hold an elected or appointed office or otherwise be employed by the city; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act incorporating the City of Centerville, approved March 25, 1958 (Ga. L. 1958, p. 3323), as amended, particularly by an Act approved April 6, 1981 (Ga. L. 1981, p. 4019) and an Act approved March 11, 1964 (Ga. L. 1964, p. 2858), is amended by striking in their entirety Section 19 and Section 20 and inserting in lieu thereof new Sections 19 and 20, respectively, to read as follows:
"Section 19. A police court of said corporation is hereby created. It shall be optional with the mayor and councilmen whether the mayor shall serve as presiding officer of the court, or whether they shall elect a recorder as such presiding officer. In the absence or disability of the presiding officer, the mayor shall appoint a councilman or any other resident of Houston County who is qualified to vote for members of the General Assembly to act as the presiding officer. All processes, summons, and all attachments and executions for fines and other writs issuing out of said court shall be issued, served, and returned as prescribed by the governing authority, bear teste in the name of the presiding officer, shall be directed to any officer or agent of the corporation, or to the sheriff of Houston County in the alternative, and served and executed by an officer or agent to whom directed. Said court shall be held as often as necessary to clear the dockets of said court. Said court shall have jurisdiction and authority:
(a) To try offenses against the laws and ordinances of the municipal government and to punish for a violation of the same;
(b) To punish witnesses for nonattendance, and to punish also any person who may counsel or advise, aid, encourage, or persuade another whose testimony is desired or material in any proceeding in said court to go or move beyond the reach of the process of the court;
(c) To punish for any contempt of court; and (d) Through the presiding officer to impose fines or imprisonment or both as set by city ordinance within guidelines established by general law. The presiding officer shall be authorized to issue warrants for offenses against the laws of the State and within the limits of the corporation, which warrants may be executed by any officer or agent designated by the governing authority, and to commit the offenders to the jail of Houston County, or admit them to bail in bailable cases for their appearance at the next term of a court of competent jurisdiction to be held in and for said county. In all cases in the police court involving a violation of the penal statutes of Georgia, where the accused is bound over to the Superior Court of Houston County for trial, or in default of bond, committed by the police court to the common jail of Houston County to await trial, the municipality shall be allowed the following costs:
Issuing warrant.....................................................................................................................$1.25 Taking examination of defendant .......................................................................................1.25 Examining witnesses, each....................................................................................................0.30 Making out commitment.......................................................................................................0.35 Summoning witnesses, each..................................................................................................0.30 Serving warrant......................................................................................................................1.25 Keeping and maintaining prisoner .......................................................................1.25 per day

FRIDAY, MARCH 8, 1991

1937

Said cost shall be collected by the court in which the case is tried or triable in the same manner as other costs are collected by such court and paid over to the municipality.
The mayor and councilmen shall have full power and authority to pass all laws and ordinances, rules and regulations, necessary to secure the efficient and successful administration of the court.
The right of certiorari from the decisions and judgments of the presiding officer shall exist in all criminal cases, and such certiorari shall be obtained under the sanction of the judge of the Superior Court of Houston County, under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.
Section 20. Except where authorized by law, neither the mayor nor any council member shall hold any other elected or compensated appointive office in the city or otherwise be employed by the city or any agency thereof during the term for which he or she was elected. Members of the council holding office on January 1, 1991, are exempted from this requirement."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Walker of the 113th moved that the House agree to the Senate substitute to HB 856.
On the motion, the ayes were 110, nays 0.
The motion prevailed.

Under the general order of business, established by the Committee on Rules, the fol-
lowing Bills and Resolution of the Senate were taken up for consideration and read the third time:

SB 72. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Article 1 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to criminal abuse of governmental office, so as to provide for the criminal offense of extortion by public office; to state legislative intent; to provide for definitions; to provide for penalties; to provide an effective date.

The following Committee substitute was read:

A BILL
To amend Article 1 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to abuse of governmental office, so as to change the definition of such offense; to provide that a public official who directly or indirectly solicits, receives, accepts, or agrees to receive a thing of value for himself or any other person or entity by inducing the reasonable belief that the giving of the thing will influence his performance or failure to perform any official action commits the offense of bribery; to provide penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to abuse of governmental office, is amended by striking in its entirety Code Section 16-10-2, relating to the offense of bribery, and inserting in lieu thereof a new Code Section 16-10-2 to read as follows:
"16-10-2. (a) A person commits the offense of bribery when:

1938

JOURNAL OF THE HOUSE,

(1) He gives or offers to give to any person acting for or on behalf of the state or any political subdivision thereof, or of any agency of either, any benefit, reward, or consideration to which he is not entitled with the purpose of influencing him in the performance of any act related to the functions of his office or employment; or
\if /\ctin[ top f on Dczifl.ii of trie stfltc ' &ny poiiticfli SUDQ.Ivision tnGrcot ^t 'Ot
A public official, elected or appointed, or an employee of this state or any agency, authority, or entity of the state, or any county or municipality or any agency, authority, or entity thereof, directly or indirectly solicits, receives, accepts, or agrees to receive a thing of value by inducing the reasonable belief that the giving of the thing will influence his performance or failure to perform any official action. (b) A person convicted of the offense of bribery shall be punished by a fine of not more than $5,000.00 or by imprisonment for not less than one nor more than 20 years, or both."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and lost:

Representative Townsend of the 24th moves to amend the Committee substitute to SB 72 as follows:
After Section 1. 16-10-2. (a)
(2) Line 3
Acceptance of anything other than a campaign contribution that cannot be consumed in one sitting will be considered a bribe and cannot be accepted without violating this statute.

The Committee substitute was adopted.

By unanimous consent, the Clerk was ordered to insert the words "she or her" after the words "he or his" wherever they appear in the Bill.

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, by substitute, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett,B
N Barnett,M Y Bates Y Beatty Y Benefield Y Birdsong N Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove N Brooks N Brown

Y Brush
YBuck Y Buckner
YByrd Y Campbell
Y Canty Y Carrell Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.H Y Clark.L Y Coker Y Coleman
Colwell Y Connell Y Culbreth Y Cummings.B
Cumminga,M

Davis.G
Y Davis.M N Dixon.H Y Dixon,S YDobbs Y Dover Y Dunn Y Edwards
Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt
Y Godbee Y Golden Y Goodwin Y Green Y Greene N Griffin Y Groover Y Hamilton

Y Hammond Y Manner Y Harris.B Y Harris,J Y Heard Y Henson Y Herbert Y Hightower Y Holland Y Holmes Y Howard E Hudson Y Irwin Y Jackson
Y Jamieson Y Jenkins Y Jones Y Kilgore YKing
Y Kingston Y Klein YLadd

Y Lane.D Y Lane.R N Langford Y Lawrence Y Lawson YLee
Long YLord
Y Lucas Y Lupton YMann Y Martin
Y McCoy Y McKelvey N McKinney.B
Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody

FRIDAY, MARCH 8, 1991

1939

Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
YOrr Y Orrock Y Padgett YParham Y Parrish Y Patten
Y Pelote Y Perry Y Pettit

Y Pinholster Pinkston
YPoag Y Porter
Y Poston Y Powell,A Y Powell.C Y Purcell
Y Randall
YRay Y Reaves Y Redding Y Ricketson Y Royal

Y Selman Y Sherrill E Simpaon Y Sinkfield Y Skipper Y Smith.L Y Smith.P Y Smith,T Y Smith,W YSmyre YSnow
Y Stancil.F Y Stancil.S Y Stanley

Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N
Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs
Y Valenti

Y Vaughan Y Walker,J Y Walker,L Y Wall
Ware Y Watson Y Watts
N White Y Wilder Y Williams.B Y Williams,J Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 160, nays 9.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Elliott of the 103rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

SB 120. By Senator Egan of the 40th:
A bill to amend Code Section 16-12-53 of the Official Code of Georgia Annotated, relating to licensing procedures and requirements for bingo games, so as to provide that certain applicants for licenses and operators of bingo games shall not be required to submit fingerprints or photographs in connection with obtaining and holding a license; to provide for other matters relative thereto; to provide an effective date.

The following amendment was read:

Representatives Bostick of the 138th and Carter of the 146th move to amend SB 120 as follows:
By inserting "Senior Citizens Center" after home on line 4 and striking $100. on line 5 page 2 and inserting $500.00 and by striking $100.00 on line 7 page 2 and inserting $500.00

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

Y Abernathy N Adams
Aiken Alford Y Atkins Baker N Balkcom
Y Barfoot N Bargeron Y Barnett,B Y Barnett.M N Bates N Beatty N Benefield N Birdsong Y Blitch N Bordeaux Y Bostick N Branch Y Breedlove

Y Brooks Y Brown N Brush
Buck Y Buckner N Byrd N Campbell
N Canty N Carrell
Y Carter Y Chafin
Chambless Cheeks N Childers Y Clark,E
Y Clark.H Y Clark.L Y Coker Y Coleman N Colwell

Y Connell Y Culbreth N Cummings,B
Cummings,M Y Davis.G N Davis.M Y Dixon.H N Dixon,S N Dobbs N Dover
Dunn Y Edwards N Elliott N Felton
N Fennel N Floyd.J.M
FloydJ.W NFlynt
Y Godbee N Golden

Y Goodwin Y Green Y Greene N Griffin
Y Groover Hamilton
N Hammond Y Hanner N Harris.B Y Harris.J N Heard Y Henson N Herbert Y Hightower N Holland Y Holmes Y Howard E Hudson
Irwin Y Jackson

Y Jamieson Jenkins
N Jones Kilgore
NKing N Kingston
Klein NLadd N Lane.D Y Lane.R
Langford N Lawrence Y Lawson NLee
Long
Lord
Lucas Y Lupton NMann N Martin

1940

JOURNAL OF THE HOUSE,

Y McCoy N McKelvey Y McKinney,B Y McKinney.C Y Meadows N Merritt N Milam
Mills N Mobley N Moody Y Morsberger N Moultrie N Mueller N Oliver.C Y Oliver.M
Orr

Y Orrock Y Padgett Y Parham N Parrish Y Patten
Pelote Y Perry Y Pettit N Pinholster
Pinkston
YPoag Y Porter
Poston Powell,A Y Powell.C Purcell

Y Randall YRay N Reaves Y Redding N Ricketson N Royal N Selman N Sherrill E Simpson
Sinkfield Y Skipper N Smith.L N Smith.P N Smith.T Y Smith.W Y Smyre

YSnow Y Stancil.F N Stancil.S Y Stanley Y Stephens
Y Streat Y Taylor Y Teper N Thomas.C Y Thomas.M
Thomas.N Thurmond
N Titus N Tolbert Y Townsend
Turnquest

N Twiggs Y Valenti N Vaughan Y Walker.J N Walker.L N Wall
Ware Y Watson N Watts Y White
Wilder N Williams.B Y Williams,J Y Williams.R
Yeargin Murphy.Spkr

On the adoption of the amendment, the ayes were 75, nays 70. The amendment was adopted.

Representative Lane of the 27th moved that the House reconsider its action in adopting the Bostick amendment.
On the motion, the roll call was ordered and the vote was as follows:

N Abernathy Y Adams
Aiken Alford Atkins Baker Y Balkcom Y Barfoot Y Bargeron N Barnett.B Y Barnett.M Y Bates
Y Beatty Y Benefield N Birdsong Y Blitch Y Bordeaux N Bostick Y Branch N Breedlove N Brooks N Brown Y Brush
Buck N Buckner
YByrd Y Campbell
N Canty Y Carrell
N Carter N Chafin Y Chambless Y Cheeks Y Childers N Clark,E N Clark.H

Y Clark.L Y Coker
Coleman Colwell
N Connell Y Culbreth Y Cummings,B
Cummings.M N Davis.G Y Davis.M N Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn N Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W YFlynt Y Godbee Y Golden N Goodwin
N Green Y Greene Y Griffin N Groover
Hamilton
Y Hammond N Manner Y Harris.B Y Harris.J Y Heard N Henson

Y Herbert N Hightower Y Holland N Holmes
N Howard E Hudson
Irwin
N Jackson N Jamieson Y Jenkins Y Jones
Kilgore YKing Y Kingston
Klein YLadd Y Lane.D N Lane.R
Langford
Y Lawrence N Lawson YLee
Long Lord Y Lucas
N Lupton YMann Y Martin
N McCoy Y McKelvey N McKinney.B N McKinney.C Y Meadows Y Merritt Y Milam
Mills

On the motion, the ayes were 92, nays 59. The motion prevailed.

Y Mobley Y Moody N Morsberger
Y Moultrie Y Mueller Y Oliver.C N Oliver.M
Orr
N Orrock
Y Padgett Y Parham Y Parrish N Patten
Y Pelote N Perry
Y Pettit Y Pinholster
Pinkston NPoag N Porter
Poston Powell.A
Y Powell.C Purcell
N Randall NRay Y Reaves N Redding Y Ricketson Y Royal Y Selman
Y Sherrill
E Simpson
Y Sinkfield N Skipper Y Smith.L

Y Smith,P Y Smith.T N Smith.W Y Smyre NSnow Y Stancil.F Y Stancil.S N Stanley N Stephens Y Streat N Taylor N Teper Y Thomas.C N Thomas.M
Thomas.N Thurmond
N Titus Y Tolbert
N Townsend
N Turnquest
Y Twiggs N Valenti
N Vaughan Y Walker.J
Y Walker,L Y Wall
Ware N Watson Y Watts N White
Wilder Y Williams.B N Williams,J Y Williams.R
Yeargin Murphy ,Spkr

On the re-adoption of the Bostick amendment, the roll call was ordered and the vote was as follows:

Y Abernathy N Adams
Aiken

Alford Y Atkins N Baker

N Balkcom N Barfoot N Bargeron

Y Barnett.B Y Barnett,M N Bates

N Beatty N Benefield N Birdsong

FRIDAY, MARCH 8, 1991

1941

Y Blitch N Bordeaux Y Bostick N Branch N Breedlove Y Brooks
Y Brown
N Brush NBuck Y Buckner
NByrd
N Campbell Y Canty N Carrell Y Carter N Chafin N Chambless
N Cheeks N Childers
N Clark.E N Clark.H Y Clark.L N Coker
Coleman N Colwell Y Connell N Culbreth N Cummings,B
Cummings.M Y Davis.G N Davis.M Y Dixon.H N Dixon,S

N Dobbs N Dover
Dunn Y Edwards N Elliott N Felton N Fennel N Floyd,J.M N Floyd,J.W N Flynt Y Godbee N Golden YGoodwin Y Green Y Greene N Griffin Y Groover
Hamilton N Hammond Y Manner N Harris,B N Harris,J
N Heard Y Henson N Herbert Y Hightower
N Holland Y Holmes
N Howard E Hudson
Irwin
N Jackson N Jamieson

N Jenkins N Jones
Kilgore NKing N Kingston
Klein NLadd N Lane,D Y Lane.R
Langford N Lawrence N Lawson NLee
Long
Lord Y Lucas Y Lupton
NMann N Martin Y McCoy N McKelvey Y McKinney.B Y McKinney.C N Meadows N Merritt N Milam
Mills N Mobley N Moody Y Morsberger N Moultrie N Mueller N Oliver.C

Y Oliver.M NOrr Y Orrock Y Padgett Y Parham N Parrish Y Patten N Pelote N Perry N Pettit N Pinholster
Pinkston
YPoag N Porter N Poston N Powell,A Y Powell.C N Purcell Y Randall YRay N Reaves Y Redding N Ricketson N Royal N Selman
N Sherrill
E Simpson N Sinkfield
Y Skipper
N Smith,L
N Smith.P N Smith.T Y Smith,W

On the adoption of the amendment, the ayes were 58, nays 101. The amendment was lost.

Y Smyre YSnow N Stancil,F N Stancil.S Y Stanley Y Stephens N Streat Y Taylor Y Teper
N Thomas.C Y Thomas,M
Thomas.N Thurmond N Titus N Tolbert Y Townsend Y Turnquest
N Twiggs Y Valenti
N Vaughan N Walker,J N Walker.L N Wall
Ware Y Watson N Watts Y White
Wilder N Williams.B Y Williams,J Y Williams,R N Yeargin
Murphy.Spkr

The following amendment was read and adopted:

Representatives Walker of the 115th and Lee of the 72nd move to amend SB 120 as follows:
By adding after the word "session" on lines 16 and 17 the following words:
"and each calendar day".

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, as amended, the roll call was ordered and the vote was as follows:

Y Abernathy N Adams Y Aiken
Alford Y Atkins Y Baker
Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick

Y Branch
Y Breedlove Y Brooks Y Brown N Brush YBuck Y Buckner YByrd Y Campbell N Canty Y Carrell Y Carter Y Chafin Y Chambless Y Cheeks Y Childers N Clark,E N Clark.H

Y Clark.L Y Coker Y Coleman N Colwell
Y Connell Y Culbreth Y Cummings.B
Cummings,M Y Davis.G N Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover YDunn Y Edwards N Elliott Y Felton

Y Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin Y Green Y Greene N Griffin Y Groover Y Hamilton Y Hammond Y Banner Y Harris,B
Y Harris.J
N Heard Y Henson

Y Herbert Y Hightower N Holland
Y Holmes Y Howard E Hudson
Irwin Y Jackson Y Jamieson N Jenkins
N Jones Y Kilgore
YKing Y Kingston Y Klein
YLadd Y Lane,D Y Lane.R

1942

JOURNAL OF THE HOUSE,

Langford Y Lawrence Y Lawson YLee
Long Lord Y Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey Y McKinney,B
Y McKinney.C Y Meadows Y Merritt Y Milam
Mills

Y Mobley N Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston

YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill E Simpson Y Sinkfield Y Skipper Y Smith.L

Y Smith.P Smith.T
Y Smith, W
Y Smyre YSnow Y Stancil.F Y Stancil,S Y Stanley Y Stephens
Y Streat Y Taylor Y Teper N Thomas.C Y Thomas.M
Thomas.N Thurmond
Y Titus Y Tolbert

Y Townsend Y Turnquest N Twiggs Y Valenti N Vaughan Y Walker,J Y Walker.L Y Wall
Ware Y Watson Y Watts N White
Wilder Y Williams.B Y Williams,J Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, as amended, the ayes were 145, nays 18.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Wilder of the 21st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

SB 82. By Senator Kidd of the 25th:
A bill to amend Chapter 39A of Title 43 of the Official Code of Georgia Annotated, known as the "Real Estate Appraiser Licensing and Certification Act," so as to change the definition of certain terms; to change provisions relating to terms of office of members of the Georgia Real Estate Appraisers Board; to provide an effective date.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 39A of Title 43 of the Official Code of Georgia Annotated, known as the "Real Estate Appraiser Licensing and Certification Act," so as to change the definition of certain terms; to change provisions relating to terms of office of members of the Georgia Real Estate Appraisers Board; to change provisions relating to the qualifications for registration, licensing, or certification of real estate appraisers; to change the provisions relating to continuing education requirements; to change the provisions relating to license and certification requirements for nonresidents; to require the board to submit to the Appraisal Subcommittee periodically a roster listing real estate appraisers who are licensed or certified in accordance with said chapter; to change the provisions relating to the exemption applicable to registered foresters; 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 39A of Title 43 of the Official Code of Georgia Annotated, known as the "Real Estate Appraiser Licensing and Certification Act," is amended by striking in their entirety paragraphs (8) and (14) of Code Section 43-39A-2, relating to definitions under Chapter 39A of Title 43, and inserting in lieu thereof new paragraphs (8) and (14) to read as follows:
"(8) 'Certified real estate appraiser' means a person who: (A) For for a valuable consideration engages in real estate appraisal activity on any-
type of real estate or real property which registered or licensed real estate appraisers are permitted to appraise or on such other real estate or real property as may be permitted by the Appraisal Subcommittee; and

FRIDAY, MARCH 8, 1991

1943

(B) Holds whe holds a current, valid certification issued under the provisions of this chapter." "(14) 'Licensed real estate appraiser' means a person who:
(A) For for a valuable consideration engages in real estate appraisal activity on: (i) Residential real estate or real property of one to four units2 and e te 12
units the value of which is less than $1 million; when a net income capitalization is not FCQuircu oy trie IGFHIS of tiic
(ii) On real estate or real property transactions which are not federally related transactions; or
(iii) On en such real estate or real property as may be authorized by the Appraisal Subcommittee; and (B) Holds whe holds a current, valid license issued under the provisions of this chapter."
Section 2. Said chapter is further amended by striking in their entirety subsections (d) and (e) of Code Section 43-39A-3, relating to the Georgia Real Estate Appraisers Board, and inserting in lieu thereof new subsections (d) and (e) to read as follows:
"(d) The term of each member of the board shall be tnree five years, except that,
Or tflC Die Ml DC1*S I1TS* flppO in tC Q , tWO Sflftli SCFVC IOF tflFCC yCflPSj tWO SflSil 8CFVC lOF tWO
years, and ene shall serve for one year one of the successors to the two members first appointed to serve until July lj 1992, shall be appointed to serve until July 1^ 1994, and one of the successors to the two members first appointed to serve until July lj 1993, shall be appointed to serve until July 1^ 1995. In the event of a vacancy, the Governor shall appoint a person to fill such vacancy and the person so appointed shall serve for the remainder of the unexpired term.
(e) Upon expiration of their terms, members of the board shall continue to hold office until the appointment and qualification of their successors. No person shall serve as a member of the board for more than two consecutive terms eight consecutive years. The Governor, after giving notice and opportunity for a hearing, may remove from office any member of the board for any of the following:
(1) Inability to perform or neglecting to perform the duties required of members; (2) Incompetence; or (3) Dishonest conduct."
Section 3. Said chapter is further amended by striking in its entirety Code Section 43-39A-8, relating to qualifications for registration, licensing, or certification of real estate appraisers, and inserting in lieu thereof a new Code Section 43-39A-8 to read as follows:
"43-39A-8. (a) (1) In order to qualify as a registered real estate appraiser, an applicant must:
(.A/ JviflKc flppiicfttion tttcpcfor witrun two ycsps of trie circctivc ufttc of tni9
{B} (A) Have attained the age of 18 years; 4 ) (B) Be a resident of the State of Georgia, unless that person has fully complied with the provisions of Code Section 43-39A-9; {B} (C) Be a high school graduate or the holder of a general educational development equivalency diploma; and {E} (D) Furnish evidence of completion of at least 75 in-class hours in a course or courses of study approved by the board which must include coverage of standards of professional practice. (2) Failure to meet any of the requirements provided in paragraph (1) of this subsection shall be grounds for denial of registration without a hearing. (b) (1) In order to qualify as a licensed real estate appraiser, an applicant must: (A) Have attained the age of 18 years; (B) Be a resident of the State of Georgia, unless that person has fully complied with the provisions of Code Section 43-39A-9; (C) Be a high school graduate or the holder of a general educational development equivalency diploma; and

1944

JOURNAL OF THE HOUSE,

(D) Furnish evidence that h er she has a eeHege degree or has auccessfully cent-
OO&FU wiiicii must include covet&C of stflndords OT proi0991onsi prflcticej education, experience, and examination standards which at a minimum are consistent with any guidelines established by the Appraisal Subcommittee.
{E) Demonstrate te the satisfaction ef the befd at least twe years ef experience tft PGtti eswtte tpprfliSB.I flctivity ftctjuired wiwHifi ft period of five yeftrs immcdi&teiy
<F)--After meeting the requirements of subparagraphs {>} and {E} ef this paragraph; stand for and pass a examination administered by er approved by the board covering generally the matters confronting licensed real estate appraisers. (2) Failure to meet any of the requirements provided in paragraph (1) of this subsection shall be grounds for denial of license without a hearing. (c) (1) In order to qualify as a certified real estate appraiser, an applicant must:
(A) Have attained the age of 18 years; (B) Be a resident of the State of Georgia, unless that person has fully complied with the provisions of Code Section 43-39A-9; (C) Be a high school graduate or the holder of a general educational development equivalency diploma; and (D) Furnish evidence that he ef she has a college degree e* has successfully compieted not less iticui xoo in~c.ifl.9S Hours JR & course or courses of study spproved Dy
education, experience, and examination standards which at a minimum are consistent with any guidelines established by the Appraisal Subcommittee.
{B) Demonstrate te the satisfaction ef the beard at least two years ef experience
preceding the filing ef the application for certification; and (F-) After meeting the requirements ef- subparagraphs {B} and (B) ef this para-
graph; stand for and pass an examination administered by er approved by the beard covering generally matters confronting certified real estate appraisers. (2) Failure to meet any of the requirements provided in paragraph (1) of this subsection shall be grounds for denial of certification without a hearing. (d) The board is authorized to waive er te modify ay establish through its rules and regulations experience, examination, or education requirements established in this chapter fef appraisers in erder te bring those requirements into conformity with any such requirements standards which at a minimum are consistent with any guidelines for such standards established by the Appraisal Subcommittee. The board is also authorized to establish through its rules and regulations such classes of licensed real estate appraisers or certified real estate appraisers as may be necessary in order to be consistent with any guidelines for such classes of licensed or certified appraisers as may be established by the Appraisal Subcommittee. (e) As a prerequisite to renewal of a registration, license, or certification, an appraiser shall present evidence satisfactory to the board of having successfully completed or instructed, during the immediately preceding term of registration, licensure, or certification, a board approved continuing education course or courses of not less than ten hours of in-class instruction for each year of the renewal period for registered, licensed; real estate appraisers and certified real estate appraisers and 30 hours ef in-class instruction fer each year ef the renewal peried for registered real estate appraiaers. No appraiser whose registration, license, or certification has been placed on inactive status shall be allowed to reactivate a registration, license, or certification unless the provisions of this subsection are met in addition to any other requirements of this chapter. (f) The board, through its rules and regulations, shall establish standards for offering of all education courses required by this Code section. (g) In making its determinations with respect to the courses of study required by this Code section, the board shall give weight to courses which teach one or more of the following:

FRIDAY, MARCH 8, 1991

1945

(1) Appropriate knowledge of technical terms commonly used in or related to real estate appraising and appraisal report writing and economic concepts applicable to real estate and real property;
(2) An understanding of the basic principles of land economics and the real estate appraisal process and the problems likely to be encountered in gathering, interpreting, and processing the data required in the real estate appraisal process;
(3) An understanding of the standards for the development and communication of real estate appraisals as provided in this chapter;
(4) An understanding of the ethical rules that an appraiser is required to observe; (5) Appropriate knowledge of theories of depreciation cost estimating, methods of capitalization, and the mathematics of real estate appraisal; (6) An understanding of basic real estate law;
(7) An understanding of the types of misconduct for which disciplinary proceedings may be initiated against an appraiser, as set forth in this chapter; and
(8) An understanding of such other matters as may confront appraisers in real estate appraisal activity. (h) Failure to complete any of the educational requirements as provided in this Code section shall be grounds for denial of a registration, license, or certification or denial of renewal of a registration, license, or certification without further hearing. No fees or portion of fees paid shall be refunded if an appraiser fails to meet the continuing education provisions of this chapter. (i) Notwithstanding any other provision of this Code section, the board is authorized to require additional hours of educational courses for applicants for licensure or certification or of continuing education for licensed real estate appraisers or certified real estate appraisers, if the Appraisal Subcommittee adopts higher minimum hours for such licensed or certified appraisers, provided that the board requires at least those minimum hours required by the Appraisal Subcommittee."

Section 4. Said chapter is further amended by striking in its entirety subsection (c) of Code Section 43-39A-9, relating to license and certification requirements for nonresidents, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) M the federal government approves another state's certification laws fer real estate appraiscra, a An applicant who is licensed or certified in another state under the such state's laws ef- seh other state which are designed to comply with 12 U.S.C. Sec. 3301, et seq., may obtain a similar license or certification as an appraiser in Georgia upon, at the time of filing an application:
(1) Meeting the requirements of subsection (a) of this Code section; (2) Paying any required fees; (3) Causing the licensing body of the applicant's resident state, or any other state in which the applicant may be licensed or certified, to furnish to the board a certification of licensure or certification and copies of the records of any disciplinary actions taken against the applicant's license or certification in that or other states. The imposition of a disciplinary action by any other lawful licensing authority may be grounds for denial of license or certification to a nonresident or for suspension or revocation of the license or certification issued to a nonresident; (4) Agreeing in writing to cooperate with any investigation initiated under this chapter by promptly supplying any documents any authorized investigator of the board may request and by personally appearing in the board's offices or other location in Georgia as the board's investigator may request. If the board sends by certified mail
to the last known business address of a nonresident appraiser a notice to produce documents or to appear for an interview with an authorized investigator or the board and
the nonresident appraiser fails to comply with that request, the board may impose on
the nonresident appraiser any disciplinary sanction permitted by this chapter; and (5) Signing a statement that the applicant has read this chapter and its rules and
regulations and agrees to abide by its provisions in all real estate appraisal activity
in Georgia."

1946

JOURNAL OF THE HOUSE,

Section 6. Said chapter is further amended by striking in its entirety subsection (1) of Code Section 43-39A-11, relating to fees for registration, license, certification, examination, and renewal, and inserting in lieu thereof a new subsection (1) to read as follows:
"(1) The board is authorized to collect and forward to the Federal Financial Institutions Examination Council the annual registry fee required for appraisers who perform or seek to perform appraisals in federally related transactions as set forth in 12 U.S.C. Section 3338 and to submit to the Appraisal Subcommittee, no less than annually, a roster listing real estate appraisers who are licensed or certified in accordance with this chapter."
Section 6. Said chapter is further amended by striking in its entirety paragraph (3) of subsection (b) of Code Section 43-39A-24, relating to the prohibition against engaging in real estate appraisal activity without registration, license, or certification, and inserting in lieu thereof a new paragraph (3) to read as follows:
"(3) A registered forester registered pursuant to the provisions of Code Section 12-6-40 who appraises or evaluates standing or growing timber located in this state and issues a 'certified' appraisal or evaluation valuation on such timber as permitted by Code Section 12-6-40^ except that, when an appraisal or valuation of standing or growing timber is to be used in a federally related loan transaction, such registered forester must obtain a license or certification under this chapter, if required by federal law and the Appraisal Subcommittee;".
Section 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 8. All laws and parts of laws in conflict with this Act are repealed.

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, by substitute, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken
Alford Y Atkins
Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett,B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdaong Y Blitch
Bordeaux
Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell N Canty Y Carrell Y Carter YChafin Y Chambless Y Cheeks

Y Childers Y Clark,E Y Clark.H Y Clark,L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B
Cummings.M
Y Davis,G Y Davis.M Y Dixon,H Y Dixon.S Y Dobbs Y Dover YDunn Y Edwards
Elliott Felton Y Fennel Floyd,J.M Y Floyd,J.W Y Flynt YGodbee Y Golden Y Goodwin Y Green
Y Greene Y Griffin Y Groover Y Hamilton

Y Hammond Manner
Y Harris,B Y Harris,J Y Heard Y Henson Y Herbert Y Hightower Y Holland Y Holmes Y Howard
E Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane,D Y Lane.R Y Langford Y Lawrence Y Lawson YLee
Long YLord Y Lucas Y Lupton YMann

Y Martin Y McCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Merritt YMilam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock
Y Padgett Y Parham Y Parrish
Y Patten Y Pelote Y Perry
Y Pettit Y Pinholster
Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell

Randall YRay Y Reaves
Redding Y Ricketson
Y Royal Y Selman Y Sherrill E Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith,P Y Smith.T Y Smith,W Y Smyre YSnow Y Stancil,F Y Stancil.S Y Stanley Y Stephens
Y Streat Y Taylor
Teper Y Thomas.C Y Thomas.M
Thomas.N
Thurmond Y Titus
Y Tolbert Y Townsend Y Turnquest YTwiggs

FRIDAY, MARCH 8, 1991

1947

Y Valenti Y Vaughan Y Walker,J

Y Walker.L Y Wall
Ware

Y Watson Y Watts
White

Y Wilder Y Williams.B Y Williams,J

Y Williams,R Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 157, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

SB 311. By Senator English of the 21st:
A bill to amend Code Section 1-3-3 of the Official Code of Georgia Annotated, relating to definitions in the laws and statutes, so as to add definitions for agriculture, agricultural operations, agricultural or farm products, crops, and growing crops.

The following amendment was read and adopted:

Representatives Reaves of the 147th and Jamieson of the llth move to amend SB 311 as follows:
Add Section 3. to read:
This Act shall become effective upon its approval by the governor; or upon its becoming law without such approval.

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, as amended, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker
Y Balkcom Y Barfoot Y Bargeron
Y Barnett,B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch
Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Y Brown Y Brush YBuck Y Buckner
YByrd Campbell
Y Canty Y Carrell
Y Carter Y Chafin
Y Chambless Y Cheeks Y Childers Y ClarkJE
Clark.H

Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B
Cunimings.M Y Davis.G Y Davis.M Y Dixon.H Y Dixon,S Y Dobbs Y Dover
Dunn
Y Edwards Elliott Felton
Y Fennel Y FloydJ.M Y Floyd,J.W
Flynt YGodbee Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris,J
Heard Y Henson

Herbert Y Hightower
Y Holland Y Holmes
Howard E Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd
Y Lane,D Y Lane.R Y Langford Y Lawrence Y Lawson YLee
Long YLord Y Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney,B
McKinney.C Y Meadows Y Merritt Y Milam Y Mills

Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock
Y Padgett Y Parham Y Parrish
Y Patten Pelote
Y Perry
Y Pettit Y Pinholster
Pinks ton YPoag Y Porter Y Poston Y Powell,A Y Powell.C
Y Purcell Randall
YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill E Simpson Y Sinkfield Y Skipper Y Smith,L

Y Smith.P Y Smith.T Y Smith,W Y Smyre YSnow
Y Stancil.F Y Stancil.S Y Stanley Y Stephens Y Streat Y Taylor
Teper Y Thomas.C Y Thomas.M
Thomas.N Thurmond Y Titus Y Tolbert Y Townsend Turnquest
Y Twiggs Y Valenti
Y Vaughan Y Walker,J
Walker.L Y Wall
Ware Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams,J Y Williams.R Y Yeargin
Murphy.Spkr

1948

JOURNAL OF THE HOUSE,

On the passage of the Bill, as amended, the ayes were 151, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

SB 87. By Senator Steinberg of the 42nd:
A bill to amend Code Section 31-33-2 of the Official Code of Georgia Annotated, relating to furnishing a patient's medical records, so as to provide for access to a patient's medical records by the state long-term care ombudsman or the Department of Human Resources under certain conditions.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 31-8-52 of the Official Code of Georgia Annotated, relating to establishment of a long-term care ombudsman program, so as to make provision for the Office of Aging Section of the Department of Human Resources to operate the long-term care ombudsman program either directly or by contract or other arrangement with an appropriate public agency or an appropriate private nonprofit organization; to amend Code Section 31-33-2 of the Official Code of Georgia Annotated, relating to furnishing a patient's medical records, so as to provide for access to a patient's medical records by the state long-term care ombudsman under certain conditions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 31-8-52 of the Official Code of Georgia Annotated, relating to establishment of a long-term care ombudsman program, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 31-8-52 to read as follows:
"31-8-52. Pursuant to the Older Americans Act of 1965 (P.L. 89-73, 79 Stat. 219), as amended, and as a condition of receiving funds under that act for various programs for older citizens of this state, the Department of Human Resources has been required to establish and operate a long-term care ombudsman program, fe order te receive such funds, the department has already established a position of- state ombudsman within the state Office <rf Special Programs. The Office of Aging Section of the Department of Human Resources shall operate the long-term care ombudsman program, either directly or by contract or other agreement with an appropriate public agency or other appropriate private nonprofit organization, other than (1) a public agency, including the Office of Regulatory Services Section of the Department of Human Resources, which is responsible for licensing or certifying long-term care services; (2) an association or an affiliate of an association of long-term care facilities; or (3) a public or private agency or an affiliate of such an organization which is primarily engaged in the provision of legal assistance or legal services, including, but not limited to, any grantee under the Legal Services Corporation Act (P.L. 88-452, 88 Stat. 378), as amended. The state ombudsman shall be under the direct supervision of the commissioner or his designee and shall be given the powers and duties hereafter provided by this article. The state ombudsman shall be a person qualified by training and experience in the field of aging or long-term care, or both. The state ombudsman shall promote the well-being and quality of life of residents in long-term care facilities and encourage the development of community ombudsman activities at the local level. The state ombudsman may certify community ombudsmen and such certified ombudsmen shall have the powers and duties set forth in Code Sections 31-8-54 and 31-8-55. The state ombudsman shall require such community ombudsmen to receive appropriate training as determined and approved by the department prior to certification. Such training shall include an internship in a long-term care facility. Upon certification, the state ombudsman shall issue an identification card which

FRIDAY, MARCH 8, 1991

1949

shall be presented upon request by community ombudsmen whenever needed 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 duties under this article, shall be recertified by the state ombudsman as continuing to meet the department's standards as community ombudsman."
Section 2. Code Section 31-33-2 of the Official Code of Georgia Annotated, relating to furnishing a patient's medical records, is amended by striking subsection (a) of said Code section in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Upon written request from the patient, the provider having custody and control of the patient's record shall furnish a complete and current copy of that record, in accordance with the provisions of this Code section. If a patient is unable to request such review and has no legal guardian, then, one of the state long-term care ombudsmen, which shall include community long-term care ombudsman programs, shall have appropriate access to the patient's medical and social records."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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, by substitute, the roll call was ordered and the vote was as follows:

N Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett,B Y Barnett.M Y Bates
Y Beatty Y Benefield Y Birdsong N Blitch
N Bordeaux Y Bostick Y Branch Y Breedlove
N Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Chafin
Chambless Y Cheeks Y Childers Y Clark.E Y Clark.H

Y Clark.L Y Coker
Y Coleman Y Colwell
Connell Culbreth Y Cummings,B Cummings.M Y Davis.G Y Davis.M Y Dixon.H Y Dixon,S Y Dobbs Y Dover Dunn Y Edwards Elliott Felton Y Fennel
Y Floyd,J.M Y Floyd.J.W Y Flynt
Y Godbee Y Golden N Goodwin Y Green Y Greene Y Griffin
Groover Hamilton Y Hammond Y Manner Y Harris.B Y Harris.J Heard Y Henson

Y Herbert Y Hightower Y Holland Y Holmes
Y Howard E Hudson N Irwin
Jackson
Y Jamieson Jenkins
Y Jones Y Kilgore NKing Y Kingston N Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee
Long Lord
Y Lucas N Lupton YMann N Martin Y McCoy Y McKelvey
McKinney,B N McKinney.C Y Meadows Y Merritt Y Milam Y Mills

Y Mobley Y Moody N Morsberger Y Moultrie Y Mueller
Oliver.C N Oliver.M YOrr N Orrock Y Padgett Y Parham Y Parrish Y Patten
Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag N Porter
Poston Y Powell.A Y Powell.C Y Purcell
Randall
YRay Y Reaves Y Redding Y Ricketson Y Royal
Selman Y Sherrill
E Simpson N Sinkfield
Y Skipper Y Smith.L

Y Smith,P Y Smith.T Y Smith,W Y Smyre
YSnow Y Stancil,F
Y Stancil.S N Stanley Y Stephens
Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M N Thomas.N
Thurmond Y Titus Y Tolbert
Townsend Turnquest Y Twiggs N Valenti Y Vaughan Y Walker,J Walker.L
Y Wall Ware
Y Watson Y Watts
White Y Wilder Y .Williams.B N Williams,J Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 129, nays 20.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

1950

JOURNAL OF THE HOUSE,

Representative Oliver of the 121st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye"
thereon.

Representative Teper of the 46th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

SB 39. By Senators Turner of the 8th, Deal of the 49th, Broun of the 46th and others:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Fair Business Practices Act of 1975," so as to prohibit merchants from requiring a purchaser's telephone number as a condition of purchase when payment for the transaction is made by credit card.

The following Committee substitute was read and adopted:

A BILL
To amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Fair Business Practices Act of 1975," so as to prohibit merchants from requiring a purchaser's telephone number as a condition of purchase when payment for the transaction is made by credit card; to prohibit a merchant from using a purchaser's credit card to imprint information on a check or draft of the purchase as a condition of acceptance of such check or draft; to prohibit a merchant from recording a purchaser's credit card number on a check or draft as a condition of acceptance of a purchaser's check or draft; to provide a definition; to provide that a merchant is not prohibited from recording a credit card number and expiration date as a condition to cashing or accepting a check under certain conditions involving an agreement between the merchant and credit card issuer; to provide a penalty; to provide for cease and desist orders with respect to the violation of certain provisions of law relating to health spas; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Fair Business Practices Act of 1975," is amended by adding immediately following Code Section 10-1-393.2 a new Code section, to be designated Code Section 10-1-393.3, to read as follows:
"10-1-393.3. (a) As used in this Code section, the term 'merchant' means any person who offers goods, wares, merchandise, or services for sale to the public and shall include an employee of a merchant.
(b) A merchant shall be prohibited from requiring a purchaser to provide the purchaser's personal or business telephone number as a condition of purchase when payment for the transaction is made by credit card.
(c) A merchant shall be prohibited from using a purchaser's credit card to imprint the information contained on the credit card on the face or back of a check or draft from the purchaser as a condition of acceptance of such check or draft as payment for a purchase.
(d) A merchant shall be prohibited from recording in any manner the number of a purchaser's credit card on a check or draft as a condition of acceptance of a check or draft of the purchaser as payment for a purchase.
(e) Any merchant who violates the provisions of this Code section shall be subject to the penalties provided in this part.
(f) This Code section shall not prohibit a merchant from recording a credit card number and expiration date as a condition to cashing or accepting a check where the

FRIDAY, MARCH 8, 1991

1951

merchant has agreed with the credit card issuer to cash or accept such checks as a service to the issuer's cardholders and the issuer has agreed with the merchant to guarantee payment of all cardholder checks cashed or accepted by the merchant."
Section 2. Said part is further amended by striking the introductory language of subsection (a) of Code Section 10-1-397, relating to the authority of the administrator to issue cease and desist orders or civil penalties, and inserting in lieu thereof new introductory language to read as follows:
"(a) Whenever it may appear to the administrator that any person is using, has used, or is about to use any method, act, or practice declared by Code Section 10-1-393, by Code Section 10-1-393.1, Code Section 10-1-393.2, Code Section 10-1-393.3, or by regulations made under Code Section 10-1-394 to be unlawful and that proceedings would be in the public interest, whether or not any person has actually been misled, he may:".
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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, by substitute, the roll call was ordered and the vote was as follows:

Abernathy Y Adams Y Aiken
Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett,B N Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch
N Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter N Chafm Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.H

Y Clark.L Y Coker Y Coleman
Colwell Y Connell Y Culbieth Y Cummings.B
Cummings,M Y Davis.G N Davis.M N Dixon.H
Y Dixon.S Y Dobbs Y Dover
Y Dunn N Edwards
Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W YFlynt
Y Godbee Y Golden Y Goodwin Y Green Y Greene N Griffin Y Groover Y Hamilton
Y Hammond Y Hanner Y Harris,B
Y Harris,J Y Heard Y Heison

Y Herbert Y Hightower Y Holland Y Holmes Y Howard E Hudson Y Irwin N Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd
Y Lane.D Y Lane.R N Langford Y Lawrence
Lawson YLee
Long Lord Y Lucas Lupton NMann Martin Y McCoy Y McKelvey Y McKinney.B Y McKinney.C N Meadows Y Merritt Y Milam Y Mills

Y Mobley Moody
Y Morsberger Y Moultrie Y Mueller
Oliver.C Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote
Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter Y Poston N Powell,A Y Powell.C Y Purcell
Randall YRay
Reaves Y Redding Y Ricketson Y Royal
Selman Y Sherrill E Simpson Y Sinkfield
Y Skipper Y Smith.L

Y Smith.P Smith.T Smith.W
Y Smyre YSnow
Y Stancil.F Y Stancil.S Y Stanley
Y Stephens Y Streat Y Taylor
Y Teper Y Thomas.C
Thomas.M Y Thomas.N
Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Twiggs Y Valenti Y Vaughan Y Walker,J Walker,L N Wall
Ware Y Watson Y Watts Y White Y Wilder Y Williams.B Y Williams,J Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 137, nays 13.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Elliott of the 103rd and Perry of the 5th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

1952

JOURNAL OF THE HOUSE,

Representative Griffin of the 6th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to SB 39.
SB 160. By Senator English of the 21st:
A bill to amend Chapter 6 of Title 43 of the Official Code of Georgia Annotated, relating to the licensing of auctioneers, so as to authorize the Georgia Auctioneers Commission to require continuing education; to change the provisions of reciprocity; to authorize the commission to charge fees.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams N Aiken
Alford Y Atkins
Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett,B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux
Bostick Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner
YByrd Y Campbell
Y Canty Y Carrell Y Carter
Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.H

Y Clark.L Y Coker Y Coleman
Colwell Y Connell Y Culbreth
Y Cummings.B Cummings.M
Y Davis.G N Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards
Elliott Y Felton Y Fennel Y Floyd.J.M
Floyd,J.W Y Flynt
Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Hanner Y Harris,B
Y Harris,J Y Heard Y Henson

Y Herbert Y Hightower Y Holland Y Holmes Y Howard E Hudson Y Irwin Y Jackson Y Jamieson
Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein
YLadd Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson YLee
Long Lord Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey McKinney.B Y McKinney.C N Meadows Merritt Y Milam Y Mills

Y Mobley Y Moody Y Morsberger Y Moultrie
Mueller Oliver.C Oliver.M
YOrr Orrock
Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston
YPoag Y Porter
Y Poston Y Powell,A
Y Powell.C Y Purcell
Randall NRay
Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill E Simpson Y Sinkfield Y Skipper Y Smith.L

Y Smith.P Y Smith.T
Smith.W
Y Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Stephens
Streat Y Taylor
Y Teper Y Thomas.C Y Thomas.M Y Thomas.N
Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest
Twiggs Y Valenti Y Vaughan Y Walker.J
Walker.L Y Wall
Ware Y Watson Y Watts Y White Y Wilder Y Williams.B Y Williams.J Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 144, nays 4. The Bill, having received the requisite constitutional majority, was passed.

SB 161. By Senator English of the 21st:
A bill to amend Chapter 6 of Title 43 of the Official Code of Georgia Annotated, relating to auctioneers, so as to provide for the creation of the auctioneers education, research, and recovery fund; to provide for fees; to provide for the use of such fund; to provide for the administration of the fund; to provide for a minimum balance; to provide for claims, payments, and liability.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

FRIDAY, MARCH 8, 1991

1953

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams N Aiken
Alford Y Atkins
Baker Y Balkcom Y Barfoot N Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick
Branch Y Breedlove Y Brooks
Brown Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Chafm Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark,H

Y Clark,L Y Coker Y Coleraan Y Colwell Y ConneU Y Culbreth Y Cummings,B
Cummings.M
Y Davis.G N Davis.M Y Diion.H Y Dixon,S YDobbs Y Dover YDunn Y Edwards
Elliott Y Felton Y Fennel Y Floyd,J.M
FloydJ.W
Flynt
NGodbee Y Golden Y Goodwin
Y Green YGreene
Y Griffin Y Groover Y Hamilton Y Hammond
Y Manner Y Harri8,B YHarris.J Y Heard Y Henson

Y Herbert Y Hightower Y Holland Y Holmes
Howard E Hudson Ylrwin Y Jackson Y Jamieson
Y Jenkins Y Jones Y Kilgore
YKing Y Kingston
Y Klein YLadd Y Lane.D
Y Lane,R Langford
Y Lawrence Y Lawson
YLee Long
YLord Y Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney,B Y McKinney.C N Meadows Y Merritt YMilam Y Mills

Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr
Orrock
Y Padgett
Y Parham
Y Parrish Y Patten Y Pelote Y Perry Y Pettit
Y Pinholster
Pinkston
YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell
Randall YRay
Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill E Simpson Y Sinkfield Y Skipper Y Smith.L

Y Smith.P Y Smith.T
Smith.W Y Smyre YSnow
Y Stancil,F Y Stancil,S Y Stanley Y Stephens Y Streat Y Taylor YTeper
Y Thomas.C Thomas, M
Y Thomas,N Thurmond
Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J
Walker,L Y Wall
Ware Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams,J
Williams.R Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 148, nays 5. The Bill, having received the requisite constitutional majority, was passed.

SR 201. By Senator Ragan of the 10th:
A resolution urging the United States Postmaster General to properly recognize Henry Ossian Flipper with the issuance of a commerative postage stamp.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken
Alford
Y Atkins Baker
Y Balkcom Barfoot
Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beatty Y Benefield
Birdsong Y Blitch
Y Bordeaux

Y Bostick Branch
Y Breedlove
Y Brooks Brown
Y Brush YBuck Y Buckner
YByrd Y Campbell
Y Canty Y Carrell Y Carter YChafin Y Chambless
Y Cheeks Y Childers

Y Clark,E Y Clark,H Y Clark,L Y Coker Y Coleman Y Colwell Y ConneU Y Culbreth Y Cummings,B
Cummings,M Y Davis.G
Davis.M
Y Dixon,H Y Dixon,S YDobbs Y Dover Y Dunn

Y Edwards Elliott
Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt YGodbee Y Golden Y Goodwin
Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Hanner

Y Harris.B Y Harris,J Y Heard Y Henson Y Herbert Y Hightower Y Holland Y Holmes Y Howard
E Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing

1954

JOURNAL OF THE HOUSE,

Y Kingston Y Klein YLadd Y Lane.D
Lane,R Y Longford Y Lawrence Y Lawson YLee
Long YLord
Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey Y McKinney,B Y McKinney.C

Y Meadows Y Merritt
Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie
Y Mueller Oliver.C Oliver.M
YOrr Orrock
Y Padgett Y Parham Y Parrish
Y Patten Y Pelote
Perry

Y Pettit Y Pinholster
Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell
Randall YRay
Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill E Simpson Y Sinkfleld

Y Skipper Y Smith.L Y Smith.P
Smith.T Smith.W Y Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley Stephens Y Streat Y Taylor Y Teper
Y Thomas.C Y Thomas.M Y Thomas.N
Thurmond Titus

Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J
Walker.L Y Wall
Ware Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams.J Y Williams.R Y Yeargin
Murphy,Spkr

On the adoption of the Resolution, the ayes were 149, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

Representatives Stephens of the 68th and Titus of the 143rd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

Representative Patten of the 149th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:

Mr. Speaker:
Your Committee on Natural Resources and Environment has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 179 Do Pass, by Substitute
Respectfully submitted, Is/ Patten of the 149th
Chairman

Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:
HR 432. By Representatives Jones of the 71st, Kilgore of the 42nd, Stancil of the 8th, Murphy of the 18th and Hamilton of the 124th:
A resolution urging the State Board of Education to review and revise its policy which prohibits students who fail to meet academic progress requirements from participating in extracurricular activities.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken

Y Alford Y Atkins Y Baker

Balkcom N Barfoot N Bargeron

Y Barnett,B Y Barnett.M N Bates

Y Beatty N Benefield
Birdsong

Y Blitch Y Bordeaux
Bostick Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck N Buckner Byrd Y Campbell Y Canty Y Carrell N Carter N Chafin Y Chambless
Y Cheeks Y Childers Y Clark,E Y Clark,H Y Clark.L Y Coker
Y Coleman N Colwell Y Connell Y Culbreth Y Cummings,B
Cummings.M Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S

FRIDAY, MARCH 8, 1991

Y Dobbs Y Dover Y Dunn Y Edwards
Elliott Y Felton Y Fennel Y Floyd,J.M
Floyd,J.W YFlynt N Godbee N Golden YGoodwin Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Manner Y Harris.B Y Harris,J
Y Heard Y Henson Y Herbert Y Hightower Y Holland Y Holmes Y Howard E Hudson Ylrwin Y Jackson Y Jamieson

Y Jenkins Y Jones Y Kilgore NKing Y Kingston Y Klein YLadd Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson NLee
Long Lord Y Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey McKinney,B
Y McKinney.C Y Meadows Y Merritt YMilam Y Mills Y Mobley
Moody N Morsberger Y Moultrie Y Mueller Y Oliver.C

Y Oliver.M YOrr Y Orrock
Y Padgett Y Parham Y Parrish
Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell
Randall YRay
Reaves Redding Y Ricketson Y Royal Y Selman Y Sherrill
E Simpson Y Sinkfield Y Skipper Y Smith,L Y Smith,P Y Smith.T
Smith.W

1955
Y Smyre YSnow N Stancil,F Y Stancil.S Y Stanley Y Stephens Y Streat Y Taylor
Teper Y Thomas.C Y Thomas.M Y Thomas.N
Thurmond Y Titus Y Tolbert N Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J
Walker.L Y Wall
Ware Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams,J Y Williams.R Y Yeargin
Murphy ,Spkr

On the adoption of the Resolution, the ayes were 139, nays 15. The Resolution, having received the requisite constitutional majority, was adopted.

Representative Davis of the 45th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

SB 281. By Senators Starr of the 44th, Olmstead of the 26th and Collins of the 17th:
A bill to amend Code Section 31-7-75 of the Official Code of Georgia Annotated, relating to the functions and powers of hospital authorities, so as to authorize hospital authorities to provide service and financial assistance to certain private not for profit organizations for purposes related to the provision of medical services or related social services to citizens.

The following Committee substitute was read:

A BILL
To amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to county and municipal hospital authorities, so as to allow such authorities to own and operate projects in other cities and counties under certain circumstances and upon the request or approval of the governing body and hospital authority of such other city or county; to authorize hospital authorities to provide services and financial assistance to certain private not for profit organizations for purposes related to the provision of medical services or related social services to citizens; to provide that all authorities shall be authorized to exercise certain powers granted to joint authorities; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

1956

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to county and municipal hospital authorities, is amended by striking paragraph (1) of Code Section 31-7-71, relating to definitions, and inserting in its place a new paragraph (1) to read as follows:
"(1) 'Area of operation' means the area within the city or county activating an authority. Such term shall also mean any other county in which the authority wishes to operate if such county has no licensed hospital operating within such county and shall also mean any other city or county in which the authority wishes to operate when such operation has been requested or approved by the governing body of such city or county and by the board of any hospital authority located within such city or county."
Section 2. Said article is further amended by striking paragraph (5) of Code Section 31-7-71, relating to definitions, and inserting in its place a new paragraph (5) to read as follows:
"(5) 'Project' includes the acquisition, construction, and equipping of hospitals, health care facilities, dormitories, office buildings, clinics, housing accommodations, nursing homes, rehabilitation centers, extended care facilities, and other public health facilities for the use of patients and officers and employees of any institution under the supervision and control of any hospital authority or leased by the hospital authority for operation by others to promote the public health needs of the community and all utilities and facilities deemed by the authority necessary or convenient for the efficient operation thereof. Such term may also include any such institutions, utilities, and facilities located outside the city or county in which the authority is located, provided that the acquisition, construction, equipping, and operation thereof is requested or approved by the governing body of such city or county in which the project is located and by the board of any hospital authority located within such city or county or provided that the acquisition, construction, equipping, and operation is to be located in the area of operation of the authority."
Section 3. Said article is further amended by striking the word "and" where it appears at the end of paragraph (24) and by striking paragraph (25) of Code Section 31-7-75, relating to the functions and powers of hospital authorities, and inserting in lieu thereof new paragraphs (25) and (26) to read as follows:
"(25) To provide financial assistance to individuals for the purpose of obtaining educational training in nursing or another health care field if such individuals are employed by, or are on an authorized leave of absence from, such authority or have committed to be employed by such authority upon completion of such educational training; and to provide services and financial assistance to private not for profit organizations in the form of grants and loans, {with or without interest and secured or unsecured at the discretion of such authority), for any purpose related to the provision of health or medical services or related social services to the citizens ef- the eity; county, er the participating units creating such authority. \ and
(26) To exercise the same powers granted to joint authorities in subsection (f) of Code Section 31-7-72."
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Heard of the 43rd moves to amend the Committee substitute to SB 281 by striking from lines 5 through 7 of page 1 the following:
"counties under certain circumstances and upon the request or approval of the governing body and hospital authority of such other city or county;",

FRIDAY, MARCH 8, 1991

1957

and inserting in lieu thereof the following:
"counties under certain circumstances and upon the request or approval of the governing bodies and hospital authorities of such other city and county;".
By striking lines 24 through 27 of page 1 and lines 1 through 5 of page 2 in their entirety and inserting in lieu thereof the following:
"city or county activating an authority. Such term shall also mean any other city or county in which the authority wishes to operate, provided the governing authorities and the board of any hospital authorities of such city and county request or approve such operation.".
By striking from line 27 of page 2 the following:
"governing body of such city or county",
and inserting in lieu thereof the following:
"governing bodies of such city and county".
By striking from line 29 of page 2 the following:
"authority located within such city or county",
and inserting in lieu thereof the following:
"authorities located within such city and county".

The Committee substitute, as amended, was adopted.

A substitute, offered by Representative Heard of the 43rd, was ruled out of order.

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, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom N Barfoot N Bargeron Y Barnett.B Y Barnett.M
Bates Y Beatty Y Benefield
Birdsong N Blitch Y Bordeaux Y Bostick
Y Branch Y Breedlove Y Brooks Y Brown Y Brush
YBuck Y Buckner
Byrd Y Campbell Y Canty Y Carrell

Y Carter Y Chafm Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.H Y Clark.L Y Coker
Y Coleman N Colwell Y Connell Y Culbreth Y Curnmings,B
Cummings,M Y Davis.G Y Davis.M N Dixon.H Y Dixon.S Y Dobbs N Dover Y Dunn Y Edwards
Elliott Y Felton
Fennel Y Floyd,J.M
FloydJ.W Y Flynt

N Godbee Golden
Y Goodwin Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Hanner Y Harris.B
Y Harris,J Y Heard Y Henson Y Herbert Y Hightower Y Holland Y Holmes Y Howard
E Hudson Ylrwin
Y Jackson Y Jamieson Y Jenkins
Jones Y Kilgore YKing Y Kingston Y Klein

Y Ladd Y Lane,D Y Lane.R Y Langford Y Lawrence Y Lawson
YLee Long
Lord Y Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney,B Y McKinney.C
Y Meadows Y Merritt
Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr

Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter
Y Poston Y Powell.A Y Powell.C Y Purcell
Randall YRay Y Reaves
Y Redding Y Ricketson Y Royal Y Selman Y Sherrill E Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith,?

1960

JOURNAL OF THE HOUSE,

"; and, (13) Peace Officers Association of Georgia."

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, as amended, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom
Y Barfoot
Y Bargeron Y Barnett.B Y Barnett.M Y Bates
Beatty Benefield Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown
Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Chafin
Chambless Y Cheeks Y Childers Y Clark.E Y Clark.H

Y Clark.L Y Coker
Coleman Y Colwell Y Connell
Y Culbreth Y Cummings,B
Cummings.M
Y Davis.G Y Davis.M
Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards
Elliott
Y Felton Y Fennel
Floyd,J.M Y Floyd.J.W
Y Flynt Y Godbee
Y Golden Y Goodwin
Green Y Greene Y Griffin Y Groover Y Hamilton
Y Hammond Hanner
Y Harris,B
Y Harris,J Y Heard Y Henson

Y Herbert Y Hightower Y Holland Y Holmes Y Howard E Hudson Ylrwin Y Jackson
Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson
Lee
Long YLord
Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Merritt
Milam Y Mills

Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinks ton
YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Purcell
Randall YRay Y Reaves
Redding Y Ricketson Y Royal
Selman Y Sherrill
E Simpson Sinkfield
Y Skipper Y Smith.L

Y Smith.P Y Smith.T
Smith.W Y Smyre YSnow
Stancil.F Y Stancil.S Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N
Thurmond
Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall Y Ware Y Watson
Y Watts Y White Y Wilder
Williams.B Y Williams.J Y Williams.R Y Yeargin
Murphy,Spkr

On the adoption of the Resolution, as amended, the ayes were 151, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following Resolution of the House:

HR 472. By Representative Murphy of the 18th: A resolution relative to adjournment.

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

FRIDAY, MARCH 8, 1991

1961

HB 285. By Representatives Murphy of the 18th, Coleman of the 118th, Walker of the 115th, Porter of the 119th, Jamieson of the llth and others:
A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 1991 and ending June 30, 1992.

The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House:

HB 120. By Representatives Coleman of the 118th, Murphy of the 18th, Connell of the 87th and Walker of the 115th:
A bill to provide supplementary appropriations to the Georgia General Assembly for the State Fiscal Year ending June 30, 1991, for operating expenses.

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

HB 808. By Representatives Coleman of the 118th, Walker of the 115th and Buck of the 95th:
A bill to amend Code Section 32-5-21 of the Official Code of Georgia Annotated, relating to the priority of expenditures from the State Public Transportation Fund, so as to provide for payments into the State of Georgia Guaranteed Revenue Debt Common Reserve Fund.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 285. By Representatives Murphy of the 18th, Coleman of the 118th, Walker of the 115th, Porter of the 119th, Jamieson of the llth and others:
A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 1991 and ending June 30, 1992.

The following Senate substitute was read:

A BILL
To make and provide appropriations for the State Fiscal Year beginning July 1, 1991, and ending June 30, 1992; to make and provide such appropriations for the operation of the State government, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, political subdivisions and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide for the control and administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1991, and ending June 30, 1992, 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 $7,900,000,000 (excluding indigent trust fund receipts) for State Fiscal Year 1992.

1964

JOURNAL OF THE HOUSE,

State Funds Budgeted....................................................................?
Section 4. Court of Appeals. Budget Unit: Court of Appeals...........................................................?
Personal Services.............................................................................? Operating Expenses........................................................................? Austerity Factor..............................................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?
Section 5. Superior Courts. Budget Unit: Superior Courts .............................................................$
Operation of the Courts.................................................................? Prosecuting Attorneys' Council.....................................................? Sentence Review Panel..................................................................? Council of Superior
Court Judges................................................................................? Judicial Administrative
Districts.........................................................................................? Habeas Corpus Clerk......................................................................? Austerity Factor..............................................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?
Section 6. Juvenile Courts. Budget Unit: Juvenile Courts..............................................................?
Operations........................................................................................? Austerity Factor..............................................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?
Section 7. Institute of Continuing Judicial Education.
Budget Unit: Institute of Continuing Judicial Education..................................................?
Institute's Operations.....................................................................? Georgia Magistrate Courts
Training Council..........................................................................? ' Austerity Factor..............................................................................?
Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?
Section 8. Judicial Council. Budget Unit: Judicial Council.............................................................?
Council Operations..........................................................................? Payments to Judicial
Administrative Districts for Case Counting..............................................................................? Board of Court Reporting..............................................................? Payment to Council of Magistrate Court Judges................................................................................? Payment to Council of Probate Court Judges................................................................................? Payment to Council of State Court Judges................................................................................? Payment to Resource Center.........................................................? Payment to Computerized Information Network..................................................................? Austerity Factor..............................................................................?

4,704,980
5,747,494 4,950,000
800,000 (2,506) 5,747,494 5,747,494
43,121,470 40,154,038
1,623,841 155,150
120,761
1,058,000 15,000 (5,320)
43,121,470 43,121,470
832,740 833,501
(761) 832,740 832,740
591,285 456,000
136,000 (715)
591,285 591,285
1,983,371 912,000
76,500 39,899
26,000
20,000
12,000 240,000
663,101 (6,129)

FRIDAY, MARCH 8, 1991
Total Funds Budgeted....................................................................! State Funds Budgeted...................................................................-!
Section 9. Judicial Qualifications Commission. Budget Unit: Judicial Qualifications
Commission..............................................................! Operations........................................................................................! Austerity Factor..............................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
Section 10. Indigent Defense Council. Budget Unit: Indigent Defense
Council......................................................................! Operations........................................................................................! Austerity Factor ..............................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
PART III.
EXECUTIVE BRANCH
Section 11. Department of Administrative Services. A. Budget Unit: Department of
Administrative Services .........................................$ Administration and Services Budget:
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..........................................................................! Materials for Resale........................................................................! Public Safety Officers Indemnity Fund...........................................................................! Health Planning Review Board Operations....................................................................................! Georgia Golf Hall of Fame Operations....................................................................................! Authorities Liability Reserve Fund...............................................................................! Grants to Counties..........................................................................! Grants to Municipalities................................................................! Austerity Factor..............................................................................!

1965
1,983,371 1,983,371
124,568 125,000
(432) 124,568 124,568
1,005,000 1,005,000
0 1,005,000 1,005,000
19,402,827
49,572,357 11,163,408
330,550 377,000 1,480,640 8,699,859 3,722,994 1,364,480 530,900 11,665,402 38,550
2,000,000
0
2,500,000 40,057,021 15,500,000
304,400
37,600
0
0 0 0 (33,828)

1966

JOURNAL OF THE HOUSE,

Total Funds Budgeted.. State Funds Budgeted..

149,311,333 19,402,827

Department of Administrative Services Functional Budgets

Total Funds

State Funds

State Properties Commission Departmental Administration Treasury and Fiscal
Administration Central Supply
Administration Procurement Administration General Services
Administration Space Management
Administration Data Processing Services Motor Vehicle Services Communication Services Printing Services Surplus Property Services Mail and Courier Services Risk Management Services Austerity Factor Total

472,967 4,996,365
9,490,745
15,917,275 3,013,418
889,231
550,845 47,853,354 4,045,346 50,851,707 6,308,566
1,717,379 998,797
2,239,166 (33,828)
$ 149,311,333

B. Budget Unit: Georgia Building Authority..................................................................!
Georgia Building Authority Budget: 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 .....................................................................$ Fuel....................................................................................................! Facilities Renovations and Repairs..................................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

472,967 4,963,031 7,490,745
0 3,013,418
0
21,560,441 5,557,879
27,255 280,000 231,785 58,121 17,704 121,010 151,880
0 7,466,638
235,030 0 0
35,707,743 0

Georgia Building Authority Functional Budgets

Total Funds

State Funds

Grounds Custodial Maintenance Security Van Pool Sales Administration

1,989,061 5,466,726 5,066,198 5,505,934
397,562 5,454,356 10,235,721

FRIDAY, MARCH 8, 1991

Railroad Excursions Facility Renovations Total

1,592,185 0
35,707,743

Section 12. Agency for the Removal of
Hazardous Materials. Budget Unit: Agency for the Removal of
Hazardous Materials ..............................................$ Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$ Capital Outlay .................................................................................$ Utilities .............................................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

Section 13. Department of Agriculture. A. Budget Unit: Department of
Agriculture...............................................................! State Operations Budget:
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, and Statesboro.....................................................................................! Veterinary Fees................................................................................! Indemnities.......................................................................................! Advertising Contract.......................................................................! Payments to Georgia Agrirama Development Authority for Operations ....................................................................................$ Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets.........................................................! Capital Outlay .................................................................................$ Contract - Federation of Southern Cooperatives................................................................! Tick Control Program ....................................................................$ Austerity Factor ..............................................................................$ Total Funds Budgeted....................................................................!

1967
105,999
3,621,671 2,958,281
391,160 136,000 220,735
1,500 0
25,800 875,000
0 0 8,230,147 105,999
34,546,581
30,786,883 3,572,606
930,524 483,197 90,500 370,676 731,153 395,000 413,461 700,000
2,413,950
2,004,106 412,000 155,000 193,000
560,790
350,000 0
56,400 40,000 (28,662) 44,630,584

1968

JOURNAL OF THE HOUSE,

State Funds Budgeted....................................................................$

34,546,581

Department of Agriculture Functional Budgets

Total Funds

State Funds

Plant Industry Animal Industry Marketing General Field Forces Internal Administration Information and Education Fuel and Measures Consumer Protection
Field Forces Meat Inspection Major Markets Seed Technology Entomology and Pesticides Austerity Factor Total

5,191,303 6,945,790 2,130,652 3,728,392 4,451,181 1,475,974 3,023,915

6,421,034

4,299,692

4,334,080

526,395

2,130,838

(28,662)

$

44,630,584

4,860,553 6,690,790 2,083,652 3,728,392 4,382,181 1,475,974 3,015,415
4,670,440 1,612,928
220,080 0
1,834,838 (28,662) 34,546,581

B. Budget Unit: Georgia Agrirama Development Authority.............................
Georgia Agrirama Development Authority Budget:
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........................................................

670,499 164,436
5,450 0
5,494 0 0
7,933 36,167 203,300 95,000 1,188,279
0

Section 14. Department of Banking and Finance. Budget Unit: Department of Banking
and Finance................................................. Administration and Examination Budget:
Personal Services................................................................. Regular Operating Expenses............................................. Travel.................................................................................... Motor Vehicle Purchases................................................... Equipment............................................................................ Computer Charges............................................................... Real Estate Rentals............................................................ Telecommunications........................................................... Per Diem, Fees and Contracts.......................................... Austerity Factor.................................................................. Total Funds Budgeted........................................................ State Funds Budgeted........................................................

6,957,069
5,863,419 290,426 302,873 101,700 25,334 102,550 216,893 54,724 4,500 (5,350)
6,957,069 6,957,069

Section 15. Department of Community Affairs. Budget Unit: Department of

FRIDAY, MARCH 8, 1991

1969

Community Affairs .................................................$ State Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Capital Felony Expenses................................................................! Contracts with Regional
Development Commissions........................................................! Local Assistance Grants.................................................................! Appalachian Regional Commission
Assessment...................................................................................! Community Development Block
Grants (Federal)..........................................................................! Music Hall of Fame ........................................................................$ Local Development Fund...............................................................! Payment to Georgia Residential
Finance Authority.......................................................................! Payment to Georgia Environmental
Facilities Authority for Operations....................................................................................! Austerity Factor..............................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

14,091,478
5,728,875 265,600 153,000 10,000 2,605 80,275 516,379 51,850 102,000 20,000
2,467,500 780,500
140,322
30,000,000 60,000 900,000
5,000,000
502,378 (2,754) 46,778,530 14,091,478

Department of Community Affairs Functional Budgets

Total Funds

State Funds

Executive and Administrative Technical Assistance Financial Assistance Rural Development Coordinated Planning Austerity Factor Total

941,087
1,426,489 41,783,439
1,150,044 1,480,225
(2.754) 46,778,530

904,087 1,293,081 9,453,512 1,099,919 1,343,633
(2,754) 14,091,478

Section 16. Department of Corrections. A. Budget Unit: Administration, Institutions
and Probation..........................................................! Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals........................................................................! Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Capital Outlay.................................................................................! Utilities.............................................................................................! Court Costs.......................................................................................! County Subsidy...............................................................................! County Subsidy for Jails................................................................!

498,823,577 363,772,836 49,067,099
1,896,219 2,345,500 5,411,976 3,728,252 4,596,389 4,182,412 2,331,301
0 13,837,648
486,000 13,688,850 9,355,000

1970

JOURNAL OF THE HOUSE,

County Workcamp Construction Grants...............................................
Grants for Local Jails ........................ 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 -
Cooperative Extension Service Contracts............................ Minor Construction Fund................. Authority Lease Rentals................... Grants for Independent Probation Systems............................................ Austerity Factor................................. Total Funds Budgeted...................... Indirect DOAS Funding.................... Georgia Correctional Industries....... State Funds Budgeted ......................

Departmental Functional Budgets

Total Funds

Administration Institutions and Support Probation Austerity Factor Total

$

49,206,780

$ 370,013,057

$

89,183,313

$

(325,656)

$ 508,077,494

B. Budget Unit: Board of Pardons and Paroles ..........................
Board of Pardons and Paroles Budget: 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................. Austerity Factor .....................i............ Total Funds Budgeted........................ State Funds Budgeted........................

Section 17. Department of Defense. Budget Unit: Department of Defense ......... Operations Budget:
Personal Services......................................

0 0 924,000
3,921,000
1,297,891
464,500 1,600,000 25,119,528
51,749
325,000 0 0
0 (325,656) 508,077,494
0 0 498,823,577

State Funds

$

48,967,813

$ 368,615,107

$

81,566,313

$

(325,656)

$ 498,823,577

36,135,750
29,231,878 1,181,485
830,000 0
150,753 444,000 2,347,294 1,031,321 303,000 608,800 25,000 (17,781) 36,135,750 36,135,750

5,164,132 8,385,821

FRIDAY, MARCH 8, 1991

1971

Regular Operating Expenses .
Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts......................................................! Grants to Locals - Emergency
Management Assistance.............................................................! Grants - Others................................................................................! Civil Air Patrol Contract ...............................................................$ Capital Outlay.................................................................................! Repairs and Renovations ...............................................................$ Disaster Relief Payments...............................................................! Austerity Factor ..............................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

4,393,128 73,307 0 41,300 15,325 6,260 153,473 196,535
1,044,200 55,000 40,000 0 0 0 (8,208)
14,396,141 5,164,132

Department of Defense Functional Budgets

Total Funds

State Funds

Office of the Adjutant General
Georgia Emergency Management Agency
Georgia Air National Guard Georgia Army National Guard Austerity Factor Total

1,354,504
3,324,711 3,482,806 6,242,328
(8,208) 14,396,141

1,270,193
1,006,649 560,236
2,335,262 (8,208)
5,164,132

Section 18. State Board of Education -

Department of Education.

Budget Unit: Department of

Education.................................................................! 2,881,493,603

Operations:

Personal Services.............................................................................!

43,177,033

Regular Operating Expenses.........................................................!

4,318,549

Travel................................................................................................!

1,259,227

Motor Vehicle Purchases...............................................................!

0

Equipment........................................................................................!

418,215

Computer Charges...........................................................................!

4,740,225

Real Estate Rentals ........................................................................$

2,587,923

Telecommunications.......................................................................!

1,604,396

Per Diem, Fees and Contracts......................................................!

16,860,909

Utilities.............................................................................................!

704,609

Capital Outlay.................................................................................!

0

QBE Formula Grants:

Kindergarten/Grades 1 - 3.............................................................!

735,016,806

Grades 4 - 8......................................................................................!

640,485,532

Grades 9 - 12....................................................................................!

271,392,931

High School Laboratories ..............................................................$

89,862,200

Vocational Education

Laboratories.................................................................................!

91,406,688

Special Education............................................................................!

218,595,969

Gifted...................................................................,............................!

30,618,321

Remedial Education........................................................................!

50,273,028

Staff Development and

1972

JOURNAL OF THE HOUSE,

Professional Development..........................................................$ Media ................................................................................................$ Indirect Cost ....................................................................................$ Pupil Transportation......................................................................! Local Fair Share..............................................................................$ Other Categorical Grants: Equalization Formula .....................................................................$ Sparsity Grants..............,.................................................................! In School Suspension......................................................................! Special Instructional Assistance ...................................................$ Middle School Incentive ................................................................$ Special Education Low -
Incidence Grants..........................................................................$ Non-QBE Grants:
Education of Children of Low Income Families...........................................................................$
Retirement (H.B. 272 and H.B. 1321) ..........................................................$
Instructional Services for the Handicapped .........................................................................$
Removal of Architectural Barriers.........................................................................................!
Tuition for the Multi-Handicapped.....................................................................$
Severely Emotionally Disturbed...................................................! School Lunch (Federal)..................................................................! School Lunch (State) ......................................................................$ Supervision and Assessment of
Students and Beginning Teachers and Performance Based Certification......................................................................! Regional Education Service Agencies..........................................................................! Georgia Learning Resources System...........................................................................................! High School Program .....................................................................$ Special Education in State Institutions......,..................................................................! Governor's Scholarships.................................................................! Special Projects...............................................................................! Job Training Partnership Act.......................................................! Vocational Research and Curriculum....................................................................................! Salaries and Travel of Public Librarians.........................................................................! Public Library Materials................................................................! Talking Book Centers................................................,....................! Public Library M & 0....................................................................! Grants to Local School Systems for Educational Purposes...........................................................! Child Care Lunch Program (Federal).......................................................................!
Chapter II - Block Grant
Flow Through...............................................................................!
Payment of Federal Funds to
Board of Technical and Adult
Education......................................................................................!

23,305,737 78,952,121 629,973,183 120,300,951 (572,672,013)
136,500,000 3,825,000 17,930,959 34,155,945 39,636,173
200,000
94,501,492
3,000,000
23,177,937
0
2,300,000 34,915,279 113,396,789 24,562,029
1,700,000
6,751,960
2,351,667 16,861,009
3,606,003 1,658,647
95,000 3,084,680
266,540
10,097,738 4,343,959
845,450 3,841,862
0
16,787,825
10,026,258
11,701,897

FRIDAY, MARCH 8, 1991

1973

Innovative Programs.......................................................................$ Technology Grants..........................................................................? Limited English - Speaking
Students Program .......................................................................$ Drug Free School (Federal) ...........................................................$ Transistion Program for Refugees................................................? Emergency Immigrant Education
Program........................................................................................? Title II Math/Science Grant
(Federal).......................................................................................? Robert C. Byrd Scholarship
(Federal).......................................................................................? QBE Weights Adjustment.............................................................? Health Insurance - Non-Cert.
Personnel and Retired Teachers...............................................? Pre-School Handicapped Program...............................................? Mentor Teachers.............................................................................? Middle School Counselors..............................................................? Pre-Kindergarten Program............................................................? Austerity Factor ..............................................................................$ Sex Education..................................................................................? Total Funds Budgeted....................................................................? Indirect DOAS Services Funding.................................................? State Funds Budgeted....................................................................?

2,100,000 400,000
5,352,204 2,700,000
100,000
100,000
345,900
154,000 0
59,583,875 8,959,928
375,000 0
2,952,542 (47,052) 754,000 3,189,135,035
0 2,881,493,603

Education Functional Budgets

Total Funds

State Funds

State Administration Instructional Programs Governor's Honors Program Administrative Services Evaluation and Personnel
Development Special Services Professional
Standards Commission Professional
Practices Commission Local Programs Georgia Academy for
the Blind Georgia School for the Deaf Atlanta Area School
for the Deaf Austerity Factor Total

?

10,191,032

?

18,627,840

?

1,780,604

?

10,887,241

?

12,360,736

?

4,594,634

?

341,074

?

605,459

? 3,113,511,001

?

4,474,538

?

6,993,333

?

4,814,595

?

(47,052)

? 3,189,135,035

?

9,643,385

?

9,555,683

?

1,667,259

?

7,168,189

?

11,901,066

?

2,955,163

?

341,074

?

605,459

? 2,822,364,155

?

4,281,354

?

6,782,046

?

4,275,822

?

(47,052)

? 2,881,493,603

Section 19. Employees' Retirement System. Budget Unit: Employees' Retirement
System......................................................................? Employees' Retirement System Budget:
Personal Services.............................................................................? Regular Operating Expenses.........................................................? Travel................................................................................................? Motor Vehicle Purchases...............................................................? Equipment........................................................................................? Computer Charges...........................................................................?

1,450,000
1,401,287 194,364 14,350 0 29,000 302,000

1974

JOURNAL OF THE HOUSE,

Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................? Benefits to Retirees ........................................................................$ Employer Contribution ..................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................?

191,000 30,000 864,500 1,450,000
0 4,476,501 1,450,000

Section 20. Forestry Commission. Budget Unit: Forestry Commission........................,...........................? State Operations Budget:
Personal Services.............................................................................? Regular Operating Expenses.........................................................? Travel................................................................................................? Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................? Computer Charges...........................................................................? Real Estate Rentals ........................................................................$ Telecommunications.......................................................................? Per Diem, Fees and Contracts......................................................? Contractual Research......................................................................? Payments to the University of
Georgia, School of Forestry for Forest Research.....................................................................? Ware County Grant for Southern Forest World................................................................................? Ware County Grant for Road Maintenance.................................................................................? Wood Energy Program...................................................................? Capital Outlay.................................................................................? Austerity Factor..............................................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

35,251.740
29,324,251 5,326,865
157,068 1,000,000 1,500,000
198,849 43,670 1,041,595 519,622 200,000
0
28,200
60,000 0
100,000 (40,286) 39,459,834 35,251,740

Forestry Commission Functional Budgets

Total Funds

State Funds

Reforestation Field Services General Administration
and Support Austerity Factor Total

3,074,616 33,699,219
2,726,285 (40,286)
39,459,834

1,596,216 30,969,525
2,726,285 (40,286)
35,251,740

Section 21. Georgia Bureau of Investigation. BudgeJ; Unit: Georgia Bureau of
Investigation......................................... Operations Budget:
Personal Services.......................................................... Regular Operating Expenses...................................... Travel............................................................................. Motor Vehicle Purchases............................................ Equipment..................................................................... Computer Charges........................................................ Real Estate Rentals ..................................................... Telecommunications.................................................... Per Diem, Fees and Contracts ...................................

37,319,108
27,313,028 2,470,807
491,361 635,200 520,737 1,103,285 1,841,500 1,871,456 606,380

FRIDAY, MARCH 8, 1991

1975

Evidence Purchased........................................................................$ Capital Outlay .................................................................................$ Austerity Factor ..............................................................................$ Total Funds Budgeted....................................................................! Total State Funds Budgeted.........................................................!

500,000 0
(34,646) 37,319,108 37,319,108

Georgia Bureau of Investigation Functional Budgets

Total Funds

State Funds

Administration Drug Enforcement Investigative Georgia Crime
Information Center Forensic Sciences Austerity Factor Total

3,187,406 8,507,050 10,645,113
7,154,220 7,859,965
(34,646) 37,319,108

3,187,406 8,507,050 10,645,113
7,154,220 7,859,965
(34,646) 37,319,108

Section 22. Office of the Governor. Budget Unit: Office of the Governor..................................................!
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Cost of Operations ..........................................................................$ Mansion Allowance.........................................................................! Governor's Emergency Fund .........................................................$ Intern Stipends and Travel...........................................................! Art Grants of State Funds.............................................................! Art Grants of Non-State Funds....................................................! Humanities Grant - State Funds..................................................! Art Acquisitions - State Funds.....................................................! Children and Youth Grants...........................................................! Juvenile Justice Grants ..................................................................$ Payments to Hazardous Waste
Management Authority ..............................................................$ Austerity Factor ..............................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

19,879,809 9,840,459
532,125 190,203
0 57,576 180,300 847,505 177,440 34,284,710 2,831,820 40,000 2,750,000 152,280 2,855,201 321,301 47,500
0 95,000 1,425,725
232,000 (5,561) 56,855,584 19,879,809

Office of the Governor Functional Budgets

Total Funds

State Funds

Governor's Office Office of Fair
Employment Practices Office of Planning
and Budget Council for the Arts Office of Consumer Affairs State Energy Office Vocational Education
Advisory Council

5,774,100
910,719
4,859,859 3,882,658 2,518,188 34,369,113
335,288

5,774,100
800,949
4,859,859 3,365,480 2,518,188
361,999
133,534

1976

JOURNAL OF THE HOUSE,

Office of Consumers' Utility Council
Criminal Justice Coordinating Council
Juvenile Justice Coordinating Council
Commission on Children and Youth
Human Relations Commission Governor's Commission on Drug
Awareness and Prevention Austerity Factor Total

626,050
815,082
1,704,858
358,357 160,363
546,510 (5,561) 56,855,584

626,050
464,916
461,575
358,357 160,363
0 (5,561) 19,879,809

Section 23. Department of Human Resources. A. Budget Unit: Departmental
Operations...............................................................-! 1. General Administration and
Support Budget: Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Utilities.............................................................................................! Postage..............................................................................................! Capital Outlay.................................................................................! Institutional Repairs and
Maintenance.................................................................................! Payments to DMA -
Community Care.........................................................................! Service Benefits for Children........................................................! Special Purpose Contracts .............................................................$ Purchase of Service Contracts ......................................................$ Austerity Factor ..............................................................................$ Total Funds Budgeted....................................................................! Indirect DOAS Services Funding.................................................! State Funds Budgeted....................................................................!

556,556,643
66,816,577 2,841,235 1,539,635
866,772 212,652 4,183,964 5,971,927 1,428,964 3,839,711 406,080 1,618,966
0
200,000
11,953,772 13,954,848
258,000 37,396,582
(214,026) 153,275,659
0 71,211,587

General Administration and Support Functional Budgets

Total Funds

State Funds

Commissioner's Office Administrative Appeals Administrative Policy,
Coordination, and Direction Personnel Indirect Cost Facilities Management Public Affairs Community/ Intergovernmental Affairs Budget Administration

779,788 1,817,487
349,278 1,816,175
0 5,313,607
572,731
804,921 1,716,319

779,788 1,817,487
349,278 1,816,175 (7,128,046) 3,847,178
572,731
804,921 1,716,319

FRIDAY, MARCH 8, 1991

1977

Financial Services Auditing Services Special Projects Office Of Children and Youth Planning Councils Community Services
Block Grant Regulatory Services -
Program Direction and Support Child Care Licensing Laboratory Improvement Health Care Facilities Regulation Radiological Health Fraud and Abuse Child Support Recovery Support Services Aging Services State Health Planning and Development Agency Austerity Factor Total

5,461,632 2,058,858
534,500
13,954,848 520,049
8,982,068
852,990 2,658,060
833,804
5,881,532 328,398
5,955,241 33,686,680 13,450,672 43,669,765
1,490,282 (214,026) $ 153,275,659

5,461,632 2,058,858
534,500
13,435,004 157,512
842,990 2,658,060
492,289
1,371,639 245,898 792,527
4,947,217 12,705,524 19,715,850
1,430,282 (214,026) 71,211,587

2. Public Health Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Utilities.............................................................................................! Postage..............................................................................................! Crippled Children Clinics..............................................................! Grants for Regional Maternal and Infant Care..........................................................! Crippled Children Benefits............................................................! Kidney Disease Benefits................................................................! Cancer Control Benefits.................................................................! Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants................................................................................! Family Planning Benefits ..............................................................$ Grant-In-Aid to Counties...............................................................! Purchase of Service Contracts ......................................................$ Special Purpose Contracts.............................................................! Total Funds Budgeted....................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!

51,648,101 63,919,926
1,082,597 13,303 75,072 561,898
1,124,966 739,899
3,775,260 0
134,096 640,000
1,885,000 7,600,000
308,000 2,837,470
2,050,000 515,582
72,761,085 13,053,917 6,528,522 231,254,694
0 130,329,381

Public Health Functional Budgets

Total Funds

State Funds

Director's Office

859,467

859,467

1978

JOURNAL OF THE HOUSE,

Employees' Health Health Program Management Vital Records Health Services Research Primary Health Care Stroke and Heart
Attack Prevention Epidemiology Immunization Sexually Transmitted
Diseases Community Tuberculosis
Center Family Health Management Infant and Child Health Maternal Health - Perinatal Family Planning Malnutrition Dental Health Children's Medical Services Chronic Disease Diabetes Cancer Control Environmental Health Laboratory Services Emergency Health District Health
Administration Newborn Follow-Up Care Sickle Cell, Vision
and Hearing High-Risk Pregnant
Women and Infants Grant in Aid to Counties Community Health Management Community Care Aids Total
3. Rehabilitation Services Budget: Personal Services........................ Regular Operating Expenses .... Travel........................................... Motor Vehicle Purchases..........
Computer Charges........................ Real Estate Rentals ..................... Telecommunications.................... Per Diem, Fees and Contracts... Utilities.......................................... Capital Outlay.............................. Postage........................................... Institutional Repairs
and Maintenance...................... Case Services................................. E.S.R.P. Case Services................. Special Purpose Contracts.......... Purchase of Services Contracts..

357,381 1,349,425 1,919,436
911,063 1,329,361
2,019,848 1,216,792
718,022
3,623,508
1,945,080 13,955,379 5,618,064 3,214,258 10,395,115 63,965,612 1,744,621 12,376,816 1,254,857
698,918 4,087,890 1,336,213 5,709,952 2,995,386
10,589,730 972,253
3,768,616
4,325,323 57,976,819
467,704 3,410,410 6,141,375 231,254,694

207,381 1,220,156 1,729,902
911,063 1,245,171
1,489,848 855,804 0
306,156
1,641,592 7,752,807 4,378,747
607,507 6,418,009
0 1,539,134 10,142,387 1,254,857
698,918 3,880,937
922,441 5,589,952 1,939,187
10,589,730 768,222
3,261,403
4,325,323 51,016,326
379,095 1,300,307 3,097,552 130,329,381
66,847,114 9,945,871
722,668 62,815 348,593 1,670,466 3,375,732 1,470,601 4,757,620 973,728
0 511,190
234,000 16,729,991
27,000 940,000 7,381,996

FRIDAY, MARCH 8, 1991

1979

Total Funds Budgeted.................... Indirect DOAS Services Funding. State Funds Budgeted....................

115,999,385
0 22,775,140

Rehabilitation Services Functional Budgets

Total Funds

State Funds

Program Direction and Support
Grants Management State Rehabilitation
Facilities Roosevelt Warm Springs
Institute Georgia Factory for
the Blind Disability Adjudication Production Workshop District Field Services Independent Living Sheltered Employment Community Facilities Bobby Dodd Workshop Total

3,920,271 1,033,610
7,654,123
19,962,516
11,457,759 25,237,686
690,024 37,126,999
607,792 1,647,966 6,222,361
438,278 115,999,385

$

1,236,463

$

884,113

$

1,525,622

!

5,110,858

$

764,417

$

0

!

0

$

8,291,411

$

402,792

$

786,902

$

3,488,901

$

283,661

$

22,775,140

4. Family and Children Services Budget:
Personal Services............................................,................................! Regular Operating Expenses ........................,..,..,..........................$ Travel................................................................................................! Motor Vehicle Purchases..................................,............................! Equipment.........................................................,..............................! Computer Charges................................................,..........................! Real Estate Rentals ........................................................................$ Telecommunications............................................,..........................! Per Diem, Fees and Contracts......................................................! Utilities.............................................................................................! Postage..............................................................................................! Cash Benefits......................................................,............................! Grants to County DFACS -
Operations.............................................................,......................! Service Benefits for Children........................................................! Special Purpose Contracts...................................,.........................! Purchase of Service Contracts ....................... .............................$ Children's Trust Fund....................................................................! Total Funds Budgeted....................................................................! Indirect DOAS Services Funding.................................................! State Funds Budgeted....................................................................!

14,705,377 1,603,378
372,215 0
72,355 16,336,665
246,861 1,399,660 5,014,274
16,380 2,064,694 401,740,037
230,271,142 68,483,444 3,646,675 2,054,658
1,119,603 749,147,418
0 332,240,535

Family and Children Services Functional Budgets

Total Funds

State Funds

Refugee Benefits AFDC Payments SSI - Supplemental Benefits Energy Benefits County DFACS Operations -

!

1,908,666

$ 393,768,271

!

100

$

6,917,000

0 150,928,530
100 0

1980

JOURNAL OF THE HOUSE,

Social Services County DFACS Operations -
Eligibility County DFACS Operations -
Joint and Administration County DFACS Operations -
Homemakers Services Food Stamp Issuance Director's Office Administrative Support Regional Administration Public Assistance Management Information
Systems Social Services Indirect Cost Employability Benefits Legal Services Family Foster Care Institutional Foster Care Specialized Foster Care Adoption Supplement Day Care Home Management - Contracts Outreach - Contracts Special Projects Program Support County DFACS Operations -
Employability Program Children's Trust Fund
Commission Total

73,316,032
101,224,292
44,730,007
7,272,179 2,637,600
792,423 5,064,772 4,064,585 4,055,081
19,296,319 2,850,170
0 3,613,143 1,976,046 29,357,018 4,150,219 1,594,848 5,353,680 24,995,087
145,000 475,000 1,271,031 3,340,961
3,728,632
1,249,256 749,147,418

Budget Unit Object Classes: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts......................................................! Utilities.............................................................................................! Postage..............................................................................................! Capital Outlay.................................................................................! Grants for Regional Maternal and Infant Care..........................................................! Crippled Children Benefits............................................................! Crippled Children Clinics..............................................................! Kidney Disease Benefits...................................................,............! Cancer Control Benefits.................................................................! Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants................................................................................! Family Planning Benefits..............................................................! Grant-In-Aid to Counties...............................................................! Payments to DMA-Community Care...........................................!

26,320,068
50,501,852
21,933,109
7,272,179 0
792,423 4,019,116 4,064,585 2,317,910
10,515,298 2,850,170 (6,945,374) 1,465,696 1,976,046 21,023,878 3,468,253 1,388,101 3,773,991 16,415,983
145,000 475,000 1,248,673 3,176,376
1,864,316
1,249,256 332,240,535
200,017,169 78,310,410 3,717,115
942,890 708,672 22,752,993 10,719,486 5,039,124 17,386,865 1,396,188 4,328,946
0
1,885,000 7,600,000
640,000 308,000 2,837,470
2,050,000 515,582
72,761,085 11,953,772

FRIDAY, MARCH 8, 1991

1981

Service Benefits for Children ........................................................$ Case Services....................................................................................? E.S.R.P. Case Services....................................................................? Cash Benefits...................................................................................? Grants for County DFACS -
Operations....................................................................................? Institutional Repairs
and Maintenance.........................................................................? Special Purpose Contracts.............................................................? Purchase of Service Contracts ......................................................? Children's Trust Fund....................................................................? Austerity Factor..............................................................................? B. Budget Unit: Community Mental Health/
Mental Retardation Youth Services and Institutions...............................................................? Departmental Operations: Personal Services.............................................................................? Regular Operating Expenses.........................................................? Travel................................................................................................? Motor Vehicle Purchases...............................................................? Equipment........................................................................................? Computer Charges...........................................................................? Real Estate Rentals........................................................................? Telecommunications.......................................................................? Per Diem, Fees and Contracts......................................................? Utilities.............................................................................................? Capital Outlay.................................................................................? Institutional Repairs and Maintenance.................................................................................? Grants to County-Owned Detention Centers.......................................................................? Substance Abuse Community Services...................................................................? Mental Retardation Community Services...................................................................? Mental Health Community Services...................................................................? Community Mental Health Center Services............................................................................? Special Purpose Contract...............................................................? Service Benefits for Children........................................................? Purchase of Service Contracts ......................................................? Reserve/ClaytonRYDC..................................................................? Austerity Factor..............................................................................? Total Funds Budgeted....................................................................? Indirect DOAS Services Funding .................................................? State Funds Budgeted....................................................................?

82,438,292 16,729,991
27,000 401,740,037
230,271,142
434,000 11,373,197 59,887,153 1,119,603 (214,026)
516,311,087
407,282,192 39,541,197
1,157,119 327,330
2,057,723 4,683,641 1,211,440 3,163,540 7,178,105 14,412,029
0
2,155,639
2,667,420
44,307,400
93,880,157
21,710,744
62,583,021 1,372,118 4,940,940 606,870 321,742 (420,412)
715,139,955 0
516,311,087

Community Mental Health/Mental Retardation, Youth Services and Institutional Functional Budgets

Total Funds

State Funds

Southwestern State Hospital Georgia Retardation Center Georgia Mental Health
Institute

41,825,026 32,472,792
32,115,830

25,410,872 13,076,266
27,209,918

1982

JOURNAL OF THE HOUSE,

Georgia Regional Hospital at Augusta
Northwest Regional Hospital at Rome
Georgia Regional Hospital at Atlanta
Central State Hospital Georgia Regional
Hospital at Savannah Gracewood State School
and Hospital West Central Georgia
Regional Hospital Outdoor Therapeutic Program Mental Health
Community Assistance Mental Retardation
Community Assistance Developmental Disabilities
Grant Day Care Centers for
Mentally Retarded Supportive Living Georgia State Foster
Grandparents/Senior Companion Program Project Rescue Drug Abuse Contracts Community Mental Health Center Services Project ARC Metro Drug Abuse Centers Group Homes for Autistic Children Project Friendship Community Mental Retardation Staff Community Mental Retardation Residential Services Contract with Clayton County Board of Education for Autistic Children MH/MR/SA Administration Regional Youth Development Centers Milledgeville State YDC Augusta State YDC Atlanta State YDC Macon State YDC Court Services Community Treatment Centers Day Centers
Group Homes
Purchased Services
Runaway Investigation/
Interstate Compact
Assessment and

23,737,798
31,012,812
30,647,306 135,785,853
25.899,043
48,193,194
23,627,853 3,575,651
9,953,776
4,751,686
721,071
71,727,902 21,377,151
706,322 477,836 4,099,557
62,583,021 397,872
1,429,825
276,622 333,593
3,887,790
16,754,282
77,288 10,433,956
20,319,744 11,148,338 7,870,664 4,197,612 4,296,305 14,163,660 2,917,866
999,366 716,973 6,426,503
782,718

20,530,102
23,474,592
23,159,694 82,927,887
21,242,897
22,469,905
18,955,912 2,749,927
9,838,776
3,107,705
0
43,991,902 21,377,151
675,292 477,836 1,263,583
48,917,959 397,872
1,219,825
276,622 333,593
3,887,790
16,754,282
77,288 7,951,023
19,764,244 10,781,879 7,787,435 4,068,046 3,728,428 14,163,660 2,917,866
999,366 716,973 6,426,503
782,718

FRIDAY, MARCH 8, 1991

1983

Classification Youth Services
Administration Austerity Factor Total

450,374
2,387,536 (420,412) 715,139,955

450,374
2,387,536 (420,412) 516,311,087

Section 24. Department of Industry and Trade. Budget Unit: Department of Industry
and Trade.................................................................$ State Operations Budget:
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 .................................................$
Advertising and Cooperative Advertising ...................................................................................$
Georgia Ports Authority Authority Lease Rentals.............................................................$
Historic Chattahoochee Commission Contract..................................................................$
Georgia Council for International Visitors..................................................................$
Waterway Development in Georgia..........................................................................................$
Georgia Music Week Promotion...................................................$ Georgia World Congress Center
Operating Expenses ....................................................................$ Contract - Georgia Association
of Broadcasters ............................................................................$ Southern Center for
International Studies ..................................................................$ Capital Outlay.................................................................................! Austerity Factor ..............................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

16,483,275
7,734,654 1,416,975
304,263 42,000 41,281 111,128 840,869 218,796 262,480 180,300
4,814,110
1,445,000
0
23,500
0 15,000
0
49,820
23,500 0
(10,277) 17,513,399 16,483,275

Department of Industry and Trade Functional Budgets

Total Funds

State Funds

Administration Economic Development Tourism Austerity Factor Total

$

4,290,419

$

5,394,861

$

7,838,396

$

(10,277)

$

17,513,399

$

3,470,419

$

5,234,861

$

7,788,272

$

(10,277)

$

16,483,275

Section 25. Department of Insurance. Budget Unit: Department of Insurance........... Operations Budget:
Personal Services........................................... Regular Operating Expenses....................... Travel..............................................................

13,251,351
11,435,150 563,961 551,170

1984

JOURNAL OP THE HOUSE,

Motor Vehicle Purchases............. Equipment..................................... Computer Charges........................ Real Estate Rentals ..................... Telecommunications.................... Per Diem, Fees and Contracts... Health Care Utilization Review. Austerity Factor........................... Total Funds Budgeted................. State Funds Budgeted.................

84,000 73,546 268,816 520,761 245,625 51,600
200,000
(8,278)
13,986,351 13,251,351

Department of Insurance Functional Budgets

Total Funds

State Funds

Internal Administration Insurance Regulation Industrial Loans Regulation Fire Safety and Mobile
Home Regulations Austerity Factor Total

2,298,029 6,123,696
626,294
4,946,610 (8,278)
13,986,351

2,298,029 5,993,696
626,294
4,341,610
(8,278)
13,251,351

Section 26. Department of Labor. Budget Unit: Department of Labor......... State Operations:
Personal Services................................... Regular Operating Expenses............... Travel...................................................... Motor Vehicle Purchases..................... Equipment.............................................. Computer Charges................................. Real Estate Rentals.............................. Telecommunications............................. Per Diem, Fees and
Contracts (JTPA).............................. Per Diem, Fees and Contracts ............ W.I.N. Grants........................................ Payments to State Treasury................ Capital Outlay....................................... Austerity Factor.................................... Total Funds Budgeted.......................... State Funds Budgeted..........................

6,788,387
63,502,293 5,488,281 1,014,839
0 468,869 3,772,454 1,259,182 1,260,815
65,281,260 2,902,168
0 1,774,078 3,000,000
(2,586) 149,721,653
6,788,387

Department of Labor Functional Budgets

Total Funds

State Funds

Executive Offices Administrative Services Employment and Training
Services Austerity Factor Total

5,842,352 18,731,966
125,149,921 (2,586)
149,721,653

$

850,113

$

3,000,253

$

2,940,607

$

(2,586)

$

6,788,387

Section 27. Department of Law. Budget Unit: Department of Law........ Attorney General's Office Budget:
Personal Services............................... Regular Operating Expenses ...........

9,007,404
8,210,948
367,943

FRIDAY, MARCH 8, 1991

1985

Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$ Books for State Library .................................................................$ Austerity Factor ..............................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

131,057 0
11,205 169,406 462,241 98,164 60,000 110,000 (3,560) 9,617,404 9,007,404

Section 28. Department of Medical Assistance. A. Budget Unit: Medicaid Services.....................................................!
Departmental Operations Budget: 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.......................................................................! Payments to Counties for Mental Health..............................................................................! Audit Contracts...............................................................................! Austerity Factor..............................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

786.401,597
12,875,019 556,334 144,500 0 42,750
17,049,279 935,973 401,058
49,333,561
2,133,269,227
40,423,285 772,500 (2,797)
2,255,800,689 786,401,597

Medical Assistance Functional Budgets

Total Funds

State Funds

Commissioner's Office Program Management Systems Management Administration Program Integrity Institutional Policy
and Reimbursement Benefits, Penalties
and Disallowances Austerity Factor Total

!

8,827,586

!

42,657,408

!

19,807,040

$

2,867,446

!

4,534,033

!

3,417,461

! 2,173,692,512

!

(2.797)

! 2,255,800,689

4,261,879 2,122,083 5,455,151
497,096 1,693,864
1,656,225
770,718,096 (2,797)
786,401,597

Section 29. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel
Administration........................................................! Departmental Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$

0
8,255,989 1,724,982
84,509 53,553 2,986,792 918,326

1986

JOURNAL OF THE HOUSE,

Telecommunications.................. Per Diem, Fees and Contracts. Health Insurance Payments..... Total Funds Budgeted............... Charitable Contributions.......... Agency Assessments................... Employee and Employer
Contributions .......................... Deferred Compensation............. State Funds.................................

299,927 92,228,910 613,182,892 719,735,880
17,000 10,045,266
709,545,696 127,918 0

Merit System Functional Budgets

Total Funds

State Funds

Applicant Services Classification and
Compensation Flexible Benefits Employee Training
and Development Health Insurance
Administration Health Insurance Claims Internal Administration Commissioner's Office Total

2,820,188
1,247,830 1,349,233
1,344,328
25,818,739 682,855,136
2,672,883 1,627,543 719,735,880

Section 30. Department of Natural Resources. A. Budget Unit: Department of Natural
Resources..................................................................! Operations Budget:
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..................................................! Environmental Facilities............................................................!

71,503,306
61,601,922 11,706,052
440,234 1,457,331 1,595,805 1,854,165 1,214,102
692,982 1,115,171
227,000 150,000 2,400,000
100,000 2,331,700
211,500
530,000 329,000 1,755,000 20,000
0
400,000
800,000 3,500,000

FRIDAY, MARCH 8, 1991

1987

Historic Preservation..................................................................! Recreation.....................................................................................$ Chehaw Park Authority .............................................................$ Zoo Atlanta...................................................................................$ Contracts: Georgia Special Olympics...........................................................? Georgia Sports Hall of Fame.....................................................$ Technical Assistance Contract ..................................................$ Corps of Engineers (Cold Water
Creek State Park)....................................................................$ Georgia Rural Water
Association................................................................................? Lanier Regional Committee.......................................................? Georgia State Games Commission............................................?
U. S. Geological Survey for Ground Water Resources.......................................................?
U.S. Geological Survey for Topographic Mapping.............................................................?
Payments to Georgia Agricultural Exposition Authority..................................................................? Georgia Boxing Commission......................................................? Austerity Factor...........................................................................? Total Funds Budgeted................................................................? Receipts from Jekyll Island
State Park Authority..............................................................? Receipts from Stone Mountain
Memorial Association..............................................................? Indirect DOAS Funding.............................................................? State Funds Budgeted................................................................?

258,500 315,000
0 0
193,640 0
117,500
175,000
10,000 0
123,824
300,000
125,000
2,397,690 5,000
(88,679) 98,364,439
314,594
724,572 0
71,503,306

Department of Natural Resources Functional Budgets

Total Funds

State Funds

Internal Administration Parks, Recreation and
Historic Sites Coastal Resources Game and Fish Environmental Protection Austerity Factor Total

8,183,687
36,464,351 1,790,389
27,142,133 24,872,558
(88,679) 98,364,439

5,645,552
19,955,983 1,695,389 23,197,003 21,098,058
(88,679) 71,503,306

B. Budget Unit: Georgia Agricultural Exposition Authority..............................................?
Operations Budget: Personal Services.............................................................................? Regular Operating Expenses .........................................................$ Travel................................................................................................? Motor Vehicle Purchases...............................................................? Equipment........................................................................................? Computer Charges...........................................................................? Real Estate Rentals ........................................................................$ Telecommunications.......................................................................? Per Diem, Fees and Contracts......................................................? Capital Outlay.................................................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

0
1,389,212 1,360,997
21,600 20,000 76,600 28,500
0 18,000 490,826
0 3,405,735
0

1988

JOURNAL OF THE HOUSE,

Functional Budget

Total Funds

State Funds

Georgia Agricultural Exposition Authority

3,405,735

Section 31. 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.................................................................................! Austerity Factor ..............................................................................$ Total Funds Budgeted....................................................................! Indirect DOAS Service Funding...................................................! State Funds Budgeted....................................................................!

84,946.672
50,504,611 7,829,772
132,250 2,010,000
425,952 4,786,000
40,501 878,400 194,650
150,000 0
(78,637) 66,873,499
0 66,873,499

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 .........................................................................$ Driver License Processing......................,.......................................! Total Funds Budgeted....................................................................! Indirect DOAS Service Funding...................................................! State Funds Budgeted....................................................................!

14,401,916 1,643,953
32,750 0
78,497 0
37,507 321,600 85,350 225,000 265,000 981,600 18,073,173
0 18,073,173

Public Safety Functional Budgets

Total Funds

State Funds

Administration Driver Services Field Operations Austerity Factor Total

17,455,605 18,073,173 49,496,531
(78,637) 84,946,672

17,455,605 18,073,173 49,496,531
(78,637) 84,946,672

B. Budget Unit: Units Attached for Administrative Purposes Only .......
1. Attached Units Budget: Personal Services............................

13,772,908 7,316,581

FRIDAY, MARCH 8, 1991

1989

Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$ Peace Officers Training Grants ....................................................$ Capital Outlay .................................................................................$ Austerity Factor ..............................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................!

2,628,647 113,050 13,500 132,085 425,076 95,366 144,963 827,440
2,758,356 0
(15,742) 14,439,322 13,449,322

2. Office of Highway Safety 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 ..................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

410,400 28,600 9,828
0 0 39,185 69,988 4,000 23,800 3,500,000 4,085,801 323,586

Attached Units Functional Budgets

Total Funds

State Funds

Office of Highway Safety Georgia Peace Officers
Standards and Training Police Academy Fire Academy Georgia Firefighters
Standards and Training Council Organized Crime Prevention Council Georgia Public Safety Training Facility Austerity Factor Total

$

4,085,801

$

4,782,805

$

1,170,319

$

1,249,097

$

451,027

$

0

$

6,801,816

$

(15,742)

$

18,525,123

$

323,586

$

4,782,805

$

1,120,319

$

1,169,097

$

451,027

$

0

$

5,941,816

$

(15,742)

$

13,772,908

Section 32. Public School Employees'
Retirement System. Budget Unit: Public School Employees'
Retirement System .............. Departmental Operations Budget:
Payments to Employees' Retirement System...................................
Employer Contributions.............................. Total Funds Budgeted................................. State Funds Budgeted.................................

10,911,433
441,433 10,470,000 10,911,433 10,911,433

Section 33. Public Service Commission.

1990

JOURNAL OF THE HOUSE,

Budget Unit: Public Service Commission.........
Departmental Operations Budget: Personal Services......................... Regular Operating Expenses...., Travel............................................ Motor Vehicle Purchases........... Equipment....................................
Computer Charges....................... Real Estate Rentals................... Telecommunications................... Per Diem, Fees and Contracts.. Austerity Factor.......................... Total Funds Budgeted................ State Funds Budgeted................

7,464,371
6,574,418 378,504 192,943 66,860 26,162 269,792 316,643 122,073 922,115 (5,163)
8,864,347 7,464,371

Public Service Commission Functional Budgets

Total Funds

State Funds

Administration Transportation Utilities Austerity Factor Total

$

1,712,901

$

3,096,775

$

4,059,834

$

(5,163)

$

8,864,347

1,712,901 1,794,799 3,961,834
(5,163) 7,464,371

Section 34. Board of Regents, University System of Georgia.
A. Budget Unit: Resident Instruction........................................... Resident Instruction Budget:
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................................................................. Special Desegregation Programs............................................... Forestry Research........................................................................ Research Consortium.................................................................. Eminent Scholars Program........................................................ Capital Outlay............................................................................. Austerity Factor.......................................................................... Total Funds Budgeted................................................................ Departmental Income................................................................. Sponsored Income....................................................................... Other Funds................................................................................. Indirect DOAS Services Funding ............................................. State Funds Budgeted................................................................

802,936,033
867,635,675 110,000,000
216,908,919 125,000,000 11,250,000
331,830
360,383
283,880 0 0 0
(774,088) 1,330,996,599
31,000,000 235,000,000 262,060,566
0 802,936,033

B. Budget Unit: Regents Central Office and Other Organized Activities.............................................................. Regents Central Office and Other
Organized Activities Budget: Personal Services:
Educ., Gen., and Dept. Svcs ..................................................

141,774,562 217,764,438

FRIDAY, MARCH 8, 1991

1991

Sponsored Operations...................... Operating Expenses:
Educ., Gen., and Dept. Svcs........... Sponsored Operations...................... Fire Ant and Environmental Toxicology Research........................ Agricultural Research.......................... Advanced Technology Development Center........................ Capitation Contracts for Family Practice Residency.............. Residency Capitation Grants.............. Student Preceptorships....................... Center for Rehabilitation Technology ........................................ SREB Payments................................... Medical Scholarships........................... Regents Opportunity Grants.............. Regents Scholarships........................... Rental Payments to Georgia Military College................................ CRT Inc. Contract at Georgia Tech Research Institute............................ Direct Payments to the Georgia Public Telecommunications Commission for Operations............. Austerity Factor................................... Total Funds Budgeted......................... Departmental Income.......................... Sponsored Income................................ Other Funds.......................................... Indirect DOAS Services Funding...... State Funds Budgeted.........................

65,013,299
102,658,762 36,177,000
207,000 2,062,943
1,375,824
2,659,765 2,461,821
150,771
701,330 8,792,031 1,074,370
564,000 188,000
796,348
211,000
0 (135,102) 442,723,600
0 104,448,623 196,500,415
0 141,774,562

Regents Central Office and Other Organized Activities Functional Budgets

Total Funds

State Funds

Marine Resources Extension Center
Skidaway Institute of Oceanography
Marine Institute Georgia Tech
Research Institute Education Extension
Services Agricultural
Experiment Station Cooperative Extension
Service Eugene Talmadge
Memorial Hospital Veterinary Medicine
Experiment Station Veterinary Medicine
Teaching Hospital

1,735,259 3,694,840 1,407,653 128,099,781 5,697,680 50,309,052 49,649,263 168,725,009 2,906,045 2,355,780

$

1,207,626

$

1,508,416

$

956,926

$

13,203,680

$

1,948,195

$

33,944,175

$

33,349,263

$

29,811,561

$

2,906,045

$

503,925

1992

JOURNAL OF THE HOUSE,

Joint Board of Family Practice
Georgia Radiation Therapy Center
Athens and Tifton Veterinary Laboratories
Regents Central Office Austerity Factor Total

$

5,951,885

$

2,450,164

$

3,258,324

$

16,617,967

$

(135,102)

$ 442,723,600

5,951,885
0
0 16,617,967 (135,102) 141,774,562

C. Budget Unit: Georgia Public Telecommunications Commission.........................
Telecommunications Commission Budget:
Personal Services........................................ Operating Expenses................................... Austerity Factor......................................... Total Funds Budgeted............................... Other Funds................................................ State Funds Budgeted...............................

6,545,051
7,095,802 7,299,519
(15,704) 14,379,617 7,834,566 6,545,051

Section 35. Department of Revenue.
Budget Unit: Department of Revenue.......... Operations Budget:
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......................................................... Austerity Factor......................................... Total Funds Budgeted............................... Indirect DOAS Services Funding ............ State Funds Budgeted...............................

77,865.270
48,352,162 4,157,144 1,408,050
114,200 477,955 9,711,450 2,492,101 702,945 297,625
2,327,000
1,230,000 3,050,175 3,625,468 (81,005) 77,865,270
0 77,865,270

Department of Revenue Functional Budgets

Total Funds

State Funds

Departmental Administration Internal Administration Electronic Data Processing Field Services Income Tax Unit Motor Vehicle Unit Central Audit Unit Property Tax Unit Sales Tax Unit Austerity Factor

5,140,202 10,879,138 5,336,296 17,323,389 8,017,966 16,157,457 6,562,199 4,248,001 4,281,627
(81,005)

5,140,202 10,879,138 5,336,296 17,323,389 8,017,966 16,157,457 6,562,199 4,248,001 4,281,627
(81,005)

FRIDAY, MARCH 8, 1991

1993

Total

77,865,270

77,865,270

Section 36. Secretary of State. Budget Unit: Secretary of State..........................................................$
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$
Motor Vehicle Purchases .
Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Election Expenses...........................................................................! Austerity Factor..............................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

22,494,365 15,532,836 2,141,192
241,350 128,500 106,261 908,111 2,282,731 300,095 771,687 600,000 (18,398) 22,994,365 22,494,365

Secretary of State Functional Budgets

Total Funds

State Funds

Internal Administration Archives and Records Business Services and
Regulation Elections and Campaign
Disclosure Drugs and Narcotics State Ethics Commission Occupational Certification Austerity Factor Total

$

3,183,935

4,737,129

4,340,066

1,335,912 995,314 196,190
8,224,217 (18,398)
22,994,365

3,043,935 4,662,129
4,245,066
1,299,912 941,314 196,190
8,124,217 (18,398)
22,494,365

B. Budget Unit: Real Estate Commission .........................................$ Real Estate Commission Budget:
Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Austerity Factor ..............................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

1,968.903
1,089,920 156,300 15,000 44,000 12,500 381,830 113,700 24,000 134,750 (3.097)
1,968,903 1,968,903

Real Estate Commission Functional Budget

Cost of

State Funds

Operations

Real Estate Commission

!

1,968,903

$

2,008,903

Section 37. Soil and Water Conservation Commission. Budget Unit: Soil and Water
Conservation Commission......................................! Soil and Water Conservation Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$

1,790,434
977,540 108,898

1994

JOURNAL OF THE HOUSE,

Travel................................................................................................$ Motor Vehicle Purchases ............................................................,..$ Equipment.....................................................................................,..? Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ County Conservation Grants.........................................................$ Austerity Factor ..............................................................................$ Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

56,975 0
13,067 6,846 56,218 18,676 483,440 449,198 (999) 2,169,859 1,790,434

Section 38. Student Finance Commission. Budget Unit: Student Finance
Commission..............................................................?
Administration Budget: Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................? Motor Vehicle Purchases...............................................................? Equipment........................................................................................? Computer Charges...........................................................................? Telecommunications.......................................................................? Per Diem, Fees and Contracts......................................................? Real Estate Rentals........................................................................? Payment of Interest and Fees.......................................................? Guaranteed Educational Loans.....................................................$ Tuition Equalization Grants.........................................................? Student Incentive Grants...............................................................? Law Enforcement Personnel Dependents' Grants ....................................................................$ North Georgia College ROTC Grants...............................................................................? Osteopathic Medical Loans...........................................................? Georgia Military Scholarship Grants............................................................................................? Paul Douglas Teacher Scholarship Loans.......................................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

23,246,770
4,501,974 393,250 71,800 0 21,000 367,000 137,800 18,000 18,000 781,921
4,210,000 14,849,678 4,728,461
36,000
95,500 162,000
462,030
398,784 31,253,198 23,246,770

Georgia Student Finance Commission Functional Budgets

Total Funds

State Funds

Internal Administration Higher Education
Assistance Corporation Georgia Student
Finance Authority Georgia Public Postsecondary
Education Commission Total

5,339,364
781,921
24,942,453
189,460 31,253,198

0
485,904
22,571,406
189,460 23,246,770

Section 39. Teachers' Retirement System. Budget Unit: Teachers' Retirement
System............................................. Departmental Operations Budget:
Personal Services....................................................

3,950,000 3,189,736

FRIDAY, MARCH 8, 1991

1995

Regular Operating Expenses .........................................................$ Travel................................................................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Cost-of-Living Increases for Local
Retirement System Members ....................................................$ Floor Fund for Local
Retirement Systems....................................................................! Post Retirement Benefit
Increases for Retirees..................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

319,860 26,650 16,000
383,000
301,000 113,978 330,000
3,250,000
700,000
0 8,630,224 3,950,000

Section 40. Department of Technical and
Adult Education. Budget Unit: Department of Technical
and Adult Education..............................................! Department of Technical and Adult Education Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Personal Services-Institutions.......................................................! Operating Expenses-Institutions...............................,...................! Capital Outlay.................................................................................! Quick Start Program ......................................................................$ Area School Program......................................................................! Regents Program...........................,.................................................! Adult Literacy Grants .................................................................. ! Austerity Factor ..............................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

128,340,996
4,119,335 370,242 111,000 0 13,000 381,470 495,110 144,000 797,526
86,532,459 18,953,302
25,000 6,150,000 25,322,070 2,737,598 8,657,535
(4,796) 154,804,851 128,340,996

Functional Budgets

Total Funds

State Funds

Administration Institutional Programs Austerity Factor Total

$

6,431,683

148,377,964

(4.796)

154,804,851

!

5,410,836

! 122,934,956

!

(4,796)

! 128,340,996

Section 41. Department of Transportation. Budget Unit: Department of
Transportation........................................................! For Public Roads and Bridges and for other transportation activities. Departmental Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$

502,238,214
225,571,818 60,505,689

1996

JOURNAL OF THE HOUSE,

Travel .................................................................. Motor Vehicle Purchases ................................ Equipment. ........ ................................................ Computer Charges............................................ Real Estate Rentals ......................................... Telecommunications ........................................ Per Diem, Fees and Contracts ....................... Capital Outlay .................................................. Grants to Counties............................ ............... Grants to Municipalities ....... .......................... Capital Outlay - Airport
Approach Aid and Operational Improvements ............................................... Capital Outlay - Airport Development ...... ........................................... Mass Transit Grants..................... ................... Savannah Harbor Maintenance Payments ...... ................................................. Spoilage Area Acquisition, Clearing, Preparation and Dike Reconstruction. .................................... Austerity Factor ............................................... Total Funds Budgeted..................................... State Funds Budgeted.....................................

,.,....$ ,.......$ ........$ ,.......$ ........$ ........$ ,,...$ ,.,,....$
,$ $
$
$ $
,.,.,,.,$
........$ ........$
$ $

1,636,678 511,000
4,359,489 4,538,721 1,355,827 2,009,489 9,897,129 659,262,047
0 0
1,058,242
1,000,000 8,177,520
987,000
0 (7,348) 980,863,301 502,238,214

Department of Transportation Functional Budgets

Motor Fuel Tax Budget

Total Funds

State Funds

Planning and Construction Maintenance and Betterments Facilities and Equipment Assistance to Counties Administration Total

$ 705,574,602

$ 230,227,025

$

7,099,748

$

0

$

22.558.625

$ 965,460,000

$ 247,499,602

$ 218,987,025

$

6,499,748

$

0

$

22,013,625

$ 495,000,000

General Funds Budget

Total Funds

State Funds

Grants to Municipalities Paving at State and
Local Schools and State Institutions Air Transportation Inter-Modal Transfer Facilities Harbor Maintenance Activities Austerity Factor Total

$

0

$

300,000

$

1,678,952

$

12,444,697

$

987,000

$

(7.348)

$

15,403,301

$

0

$

300,000

$

1,178,952

$

4,779,610

$

987,000

$

(7,348)

$

7,238,214

Section 42. Department of Veterans Service. Budget Unit: Department of Veterans
Service ....................................... Departmental Operations Budget:
Personal Services.............................................. Regular Operating Expenses .......................... Travel................................................................. Motor Vehicle Purchases ................................ Equipment......... ................................................

........$
,.$ ,......,$
$ ,......$ ,,,,,,$

21,787,691
4,705,040 115,252 65,456 0 43,995

FRIDAY, MARCH 8, 1991

Computer Charges.......................... Real Estate Rentals....................... Telecommunications ...................... Per Diem, Fees and Contracts ..... Capital Outlay ................................ Operating Expense/Payments to
Central State Hospital............... Operating Expense/Payments to
Medical College of Georgia....... Regular Operating Expenses
for Projects and Insurance........ Austerity Factor............................. Total Funds Budgeted................... State Funds Budgeted...................

Veterans Service Functional Budgets

Total Funds

Veterans Assistance Veterans Home and Nursing
Facility - Milledgeville Veterans Nursing
Home - Augusta Austerity Factor Total

5,220,555
15,486,410
5,949,993 (1,443)
26,655,515

Section 43. Workers' Compensation Board. Budget Unit: Workers' Compensation
Board................................................ Operations Budget:
Personal Services..................................................... Regular Operating Expenses ................................. Travel........................................................................ Motor Vehicle Purchases ....................................... Equipment................................................................ Computer Charges................................................... Real Estate Rentals................................................ Telecommunications ............................................... Per Diem, Fees and Contracts .............................. Georgia Crime Victims Assistance
Program................................................................ Austerity Factor...................................................... Total Funds Budgeted............................................ State Funds Budgeted............................................

Section 44. State of Georgia General Obligation Debt Sinking Fund.
Budget Unit: State of Georgia General Obligation Debt Sinking Fund (Issued).................... State of Georgia General Obligation Debt Sinking Fund (New).......................

Section 45. State of Georgia Guaranteed Revenue Fund.
Budget Unit: State of Georgia Guaranteed Funds:

1997
15,295 231,872 55,370 23,100
0
15,304,785
5,921,793
175,000 (1,443) 26,655,515 21,787,691

State Funds

$

5,005,526

$

12,266,422

$

4,517,186

$

(1,443)

$

21,787,691

8,773,466
6,947,933 327,875 69,615 0 2,885 212,548 997,304 105,000 123,815
100,000 (3,509) 8,883,466 8,773,466

326,742,521 22,663,966

1998

JOURNAL OF THE HOUSE,

Total Bonds .............................................................$ Debt Service ............................................................$ State Funds..............................................................$

50,000,000 5,000,000
-0-

Section 46. Provisions Relative to Section 3, Supreme Court. The appropriations in Section 3 (Supreme Court) 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 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.

Section 47. Provisions Relative to Section 4, Court of Appeals The appropriations in Section 4 (Court of Appeals) of this Act are for the cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions for judges and employees of the Court.

Section 48. Provisions Relative to Section 5, Superior Courts. The appropriations in Section 5 (Superior Courts) of this Act are for the 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; provided, however, of the funds appropriated in Section 5, $20,000 is designated and committed to permit Judges with fewer than ten years of experience to attend the Judicial College.

Section 49. Provisions Relative to Section 6, Juvenile Courts. The appropriations in Section 6 (Juvenile Courts) are for the cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4.

Section 50. Provisions Relative to Section 7, Institute of Continuing Judi cial Education. The appropriations in Section 7 (Institute of Continuing Judicial Education) are for the 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.

Section 51. Provisions Relative to Section 8, Judicial Council. The appropriations in Section 8 (Judicial Council) of this Act are for the cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts and the Board of Court Reporting of the Judicial Council, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges.

Section 52. Provisions Relative to Section 13, Department of Agriculture. Provided that of the appropriation to the Department of Agriculture, $80,000 is designated and committed for youth programs and activities.

Section 53. Provisions Relative to Section 16, Department of Correc tions. It is the intent of the General Assembly that all State and Superior Court Judges assess a minimum $10.00 per month probation fee on all probation cases and excess fee revenue above that which is already budgeted shall be applied toward the lapse factor to fill unfunded probation positions and related costs.
Provided that of the above appropriation to the Department of Corrections, $5,000 is designated and committed to plan a detention facility in Mclntosh County.

Section 54. Provisions Relative to Section 18, State Board of Education - Department of Education. The formula calculation for Quality Basic Education funding assumes a base unit cost of $1,647.07 In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.
From the Appropriations in Section 18, funds are designated and committed for the purpose of Special Education Low - Incidence Grants to finance the direct instructional

FRIDAY, MARCH 8, 1991

1999

costs for low - incidence programs which are not covered by the QBE formula. The total of such grants will be determined under Board of Education policy IDDF and may not exceed $600,000 for FY 1992.
From the Appropriations in Section 18, funds in the amount of up to $452,000 are set aside for extended year purposes. Funds are to be made available to local school systems on a 50/50 matching basis upon receipt of application and approval by the Department of Education. In the event application totals exceed the availability of such funds, approved projects shall be funded on a pro-rata basis. Extended year activities include summer school, farm/home projects, work-site development and supervision.
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 crite-
ria and standards prescribed by the State Board of Education for middle school programs. Provided, that of the above appropriations relative to Regional Educational Service
Agencies (RESAs), funds will be allocated to each RESA for SFY 1992 on the basis of one eighteenth of the total appropriation for each Regional Development Commission Area
served, subject to the provisions that each RESA has implemented the State Board of Education's policy concerning the composition of the Board of Control of each RESA, has implemented the uniform statewide needs program, and has the commitments of each
anticipated member system to contribute at least the same equivalent amount during SFY 1992 that it contributed during SFY 1991.
It is intended that the electronic student information system is a component of the statewide comprehensive electronic information network required by Section 20-2-320 of the Quality Basic Education Act and funds appropriated for the student information sys-
tem and the electronic information network are considered to be for the same purpose. Local county school systems that have complied with the advance incentive funding
program shall have priority in future appropriations by the General Assembly for school building construction in the advance incentive funding program.
Provided, that of the above appropriation relative to Staff Development/Professional Development, $100,000 is designated and committed for the purpose of School Board Training.

Section 55. Provisions Relative to Section 23, Department of Human Resources.
The Department of Human Resources is authorized to calculate all Aid to Families with Dependent Children benefit payments utilizing a factor of 66.0% of the standards of need; such AFDC payments shall be made from the date of certification and not from the date of application; and the following maximum benefits and maximum standards of need shall apply:

Number in Asst. Group
1 2 3 4 5 6 7 8 9 10 11

Standards of Need $ 235
356 424 500 573 621 672 713 751 804 860

Maximum Monthly Amount $ 155 235 280 330 378 410 444 470 496 530 568

It is the intent of this General Assembly to maintain, as a minimum, the same level of direct treatment staff in the extended care and forensic programs of each MH-MR-SA institution for fiscal year 1992 that was authorized in fiscal year 1987.

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Provided, that of the above appropriations relative to the treatment of Hemophilia and its complications, these funds may be used directly or indirectly via the purchase of insurance, whichever is less, to treat this disease.
The Department is authorized to utilize troubled children's benefits to expand community placements in order to secure additional federal Medicaid funding. It is the intent of this General Assembly that expansion funds for the PEACH program be distributed to designated counties on a need basis, not to exceed $50,000 in State Funds per county.
It is the intent of this General Assembly that federal funds be utilized to expand selected programs to the extent that federal funds become available on a continuing basis. The Department is authorized to expend funds on the following programs in Fiscal Year 1992 by amendment to the Department's annual operating budget as approved by the Office of Planning and Budget:
Early intervention programs for children and youth who are at risk of becoming physically or emotionally handicapped, becoming involved in the illegal use of drugs and juvenile offenses or of becoming pregnant.
Continuum for Juvenile Offenders. Community Mental Health Services for Children and Adolescents. Child Protective and Placement Services. Institutional Foster Care Rates - To increase the percent of cost reimbursed to
providers for children placed by the department. Child day care as provided by the federal Child Care Bill. Provided, that Central State Hospital is authorized to expend $200,000 of the existing appropriation for the purchase of Clozapine tablets to be used in the treatment of schizophrenic clients.
Section 56. Provisions Relative to Section 25, Department of Insurance. It is the intent of this General Assembly that the Department is authorized to add five positions to the health care utilization review program.
Section 57. Provisions Relative to Section 28, Department of Medical Assistance. Nothing contained in this Act shall be construed so as to prevent the Department of Medical Assistance from reimbursing for community services provided to the mentally retarded eligible for Medicaid.
Provided that funding is available, the Department of Medical Assistance is permitted to establish and reimburse for an adult full-denture program.
Section 58. Provisions Relative to Section 29, Merit System of Personnel Administration.
The Department is authorized to assess no more than $156.95 per merit system budgeted position for the cost of departmental operations.
It is the intent of this General Assembly that the employer contribution rate for health insurance for State Fiscal Year 1992 shall not exceed ten and seven-tenths percent (10.70%).
Section 59. Provisions Relative to Section 30, Department of Natural Resources.
No land shall be purchased for State park purposes from funds appropriated in Section 30 (Department of Natural Resources) or from any other funds without the approval of the State Properties Commission, except for land specifically provided for in Section 30.
From the appropriation in Section 30 (Department of Natural Resources) relative to Environmental Facilities Grants, $1,000,000 shall be available for allotment to counties and municipalities for emergency-type water and sewer projects, and all other grants to local governments for water and sewer projects shall utilize a maximum State match of 50% of the total cost of each project. No allocation of funds for this purpose shall be made prior to the official approval thereof by the Board of Natural Resources.
Provided that of the funds appropriated herein for Historic Preservation Grants, distribution thereof shall be pro rata among those Regional Planning Commissions which employ Preservation Planners as of July, 1990.

FRIDAY, MARCH 8, 1991

2001

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 the excess receipts to supplant State funds which have been appropriated to the Parks, Recreation and Historic Sites. This provision shall not apply to revenues collected from a state parks parking pass implemented by the Department.
Section 60. Provisions Relative to Section 31, Department of Public Safety.
Provided, it is the intent of this General Assembly that the Department of Public Safety not purchase any site for a commercial drivers license facility prior to obtaining an acceptable environmental impact study and a satisfactory compaction report.
Section 61. Provisions Relative to Section 34, Board of Regents, Univer sity System of Georgia.
The Board of Regents is authorized to transfer other object class surpluses to Personal Services for the sole purpose of establishing health benefit reserves in amounts not to exceed twenty per cent of total benefit payments for the fiscal year to which this appropriations act applies. Such transfers shall not require approval of either the Office of Planning and Budget or the Fiscal Affairs Subcommittees.
The Board of Regents is authorized to continue development of quality - added programs and to provide initial support for the development (as approved by the Board of Regents) of regional universities.
Provided that the payment of debt service on the $67,250,000 of General Obligation Bonds authorized in this Act for the Board of Regents shall resume in State Fiscal Year 1994 until such time as the face value is full funded by the Board of Regents.
Section 62. Provisions Relative to Section 40, Department of Technical and Adult Education None of the State funds appropriated in Section 40 may be used for the purpose of planning, designing, constructing, or renovating an area vocationaltechnical school unless said school agrees to be governed by the State Board of Technical and Adult Education.
Section 63. Provisions Relative to Section 41, Department of Transpor tation. 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 41 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 departmentowned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment.

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g.) State funds for any airport development project shall not exceed local funds for such project, except for airports owned by the State of Georgia.
h.) Income derived from the sale of intermodal aircraft may be retained to finance the expansion of the state aircraft facility at Charlie Brown Airport, provided further, income derived from leasing department owned aircraft facilities may be retained for use in the department's aviation program.
i.) The Department is authorized to amend its Travel Line Item with Agency Funds and other income as needed to accomplish its Transportation program responsibilities.
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 32-2-2 (b)(l), O.C.G.A., the Department is authorized to transfer position counts between budget functions provided that the Department's total position count shall not exceed the maximum number of annual positions assigned by law.
It is the further intent of this General Assembly that of the $495,000,000 of motor fuel tax appropriated in this act, $38,641,836 is designated and committed for the Local Assistance Road Program.
Section 64. In addition to all other appropriations for the State fiscal year ending June 30, 1992, 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; there is hereby appropriated $9,320,000 for the purpose of providing operating funds for the State physical health laboratories ($120,000 Budget Unit "A") and for State mental health/mental retardation institutions ($9,200,000 Budget Unit "B") 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 anticipated departmental annual remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections.
Section 65. Each State agency utilizing xerographic reproducing equipment shall maintain a log for each unit of equipment indicating the date, number of copies and such other data determined to be appropriate to control the utilization of such equipment. Each State agency shall also implement procedures to control usage of long distance, GIST and credit card telephone calls, in order to mitigate the State's cost therefor.
Section 66. Each and every agency, board, commission, and authority receiving appropriations in this Act shall procure and utilize only the most economical and cost effective motor vehicles suitable for the purpose and shall develop and enforce stringent regulations relating to the use of motor vehicles owned, leased, or rented by the State, including provisions that employees authorized to utilize State vehicles for commuting to and from work shall not use State vehicles except for official State business. Except as otherwise specifically authorized by this body, utilization of State motor vehicles for commuting to and from work should only be authorized in rare and unusual circumstances requiring frequent and regular use of such State vehicles in official State business under conditions precluding obtaining a State vehicle from a State facility in a normal manner.
The State Auditor shall make the utilization of motor vehicles, xerographic equipment and telephonic equipment a matter of special interest in future audits to insure strict compliance with the intent of this General Assembly.
Section 67. 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.

FRIDAY, MARCH 8, 1991

2003

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 noncomplaince 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 68. 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 69. 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 70. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.
Section 71. No State funds in this appropriation shall be paid to or on behalf of Georgia Indigent Legal Services or its affiliates, nor shall any State facilities be made available for their use, including but not limited to the Georgia Interactive Statewide Telecommunications Network either directly or indirectly.
Section 72. In accordance with the requirements of Article IX, Section VI, Paragraph la of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.
Section 73. (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 1991 Regular Session, except as otherwise specified in this Act; 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

2004

JOURNAL OF THE HOUSE,

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 Equip-
ment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications.
(b.) (2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for
each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group.
(b.) (3.) It is the further intent of the General Assembly that this principle shall
be applied as well when common object class amounts are properly amended in the admin-
istration of the annual operating budget.

Section 74. 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 75. 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 76. Wherever in this Act the term "Austerity Factor" appears and is followed by a negative number, the annual operating budget common object classes shall be
reduced in an amount sufficient to eliminate such austerity factor.

Section 77. Provisions Relative to Section 44 State of Georgia General
Obligation Debt Sinking Fund. The debt-service amounts listed below are hereby appropriated for debt service bonds,
the principal amount of which shall not exceed those listed thereby, to be used for projects and purposes listed thereby. A.) Maturities not to exceed sixty months.

Minor construction and maintenance project for
correctional facilities Construction and equipping
of boot-camp facilities at Hancock, Washington and
Hays Correctional Institutes Equipping of boot-camp facility
in Mitchell, Lanier and Emmanuel Counties
Major repairs and renovations at Board of Regents'
institutions Major repairs and renovations at

$

2,000,000 $ 490,000

4,500,000 750,000
21,760,000

1,102,500 183,750
2,176,000

FRIDAY, MARCH 8, 1991

various institutions of the Department of Technical and Adult Education Purchase of institutional equipment for various institutions of the Department of Technical and Adult Education Major repairs and renovations at Board of Regents' institutions Planning funds for a fine art center at the University of Georgia Equipment of housing unit at Homerville

3,600,000
1,700,000 2,310,000
750,000 1,000,000

B.) Maturities not to exceed two hundred forty months.

Acquisition of sites for correctional facilites in Wheeler, Early and Charlton Counties
Preparation of plans and specifications of prototype detention facility and training facility
Local school construction and planning grants
Construction of public libraries
Expansion of the wastewater treatment plant at the Georgia Public Safety Training Center
Construction of dikes and expansion of the spoilage area in Savannah Harbor
Student physical activities center at the University of Georgia
Residence halls at Georgia Tech Parking facility at Kennesaw
State College Bookstore expansion at Kennesaw
State College Parking facility at the University
of Georgia Purchase of Brookwood Plaza for
Valdosta State College Construction of housing unit at
Homerville for the Department of Corrections Construction of armory at Winder for the Department of Defense Construction of armory at Fort Gillem

700,000
450,000 75,670,165 9,775,000
1,000,000
2,525,000 34,000,000 24,000,000 3,500,000
1,250,000 4,500,000 4,300,000
500,000
550,000 1,465,000

Section 78. Delayed Hiring Factor by Department.

Dept. of Corrections "A"

$ 21,061,881

Section 79. Reserve for Merit Pay Increases.

2005
882,000
416,500 565,950 183,750 245,000
70,000
45,000 7,567,016
977,500 100,000 252,500 3,400,000 2,400,000 350,000 125,000 450,000 430,000 50,000 55,000 146,500

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JOURNAL OF THE HOUSE,

Budget Unit: Merit Pay Increases ......................................................$

2,500,000

It is the intent of the General Assembly that the Office of Planning and Budget in

conjunction with the Merit System of Personnel Administration develop guidelines to be

followed by each Department within the Executive Branch for granting meritorious pay

increases and that all increases that may be granted shall not exceed one step and not be

granted to any employee whose annual salary exceeds $25,000.

Section 80. TOTAL STATE FUND APPROPRIATIONS
State Fiscal Year 1992.......................................................................$

7,900,262,500

Section 81. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 82. All laws and parts of laws in conflict with this Act are repealed.

Representative Walker of the 115th moved that the House disagree to the Senate substitute to HB 285.
The motion prevailed.

Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the Senate were taken up for consideration and read the
third time:

SB 68. By Senators Hammill of the 3rd, Coleman of the 1st, English of the 21st and others:
A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to change certain language in reference to personal attendant care programs; to change a short title; to change a purpose; to change a definition; to change the authority of the Division of Rehabilitation Services of the Department of Human Resources; to change standards and guidelines.

The following amendment was read and adopted:

The House Committee on Health and Ecology moves to amend SB 68 by striking lines 19 through 21 of page 2 and inserting in their place the following:
"(8) Any other similar activity of daily living."

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, as amended, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken
Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett,B Y Barnett.M Y Bates Y Beatty

Y Benefield Y Birdsong Y Blitch
Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd

Y Campbell Y Canty Y Carrell
Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.H
Clark.L Y Coker Y Coleman

Y Colwell Y Connell Y Culbreth
Y Cummings.B Cummings.M
Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards

Elliott Y Felton Y Fennel
Floyd,J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover

FRIDAY, MARCH 8, 1991

2007

Y Hamilton Y Hammond
Manner Y Harris,B Y Harris,J Y Heard Y Henson Y Herbert Y Hightower Y Holland Y Holmes Y Howard E Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd

Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson YLee
Long YLord Y Lucas Y Lupton YMann
Martin Y McCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Merritt YMilam
Y Mills Y Mobley Y Moody Y Morsberger

Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston
YPoag Y Porter
Y Poston Y PowelLA
Y Powell.C Y Purcell
Randall YRay

Y Reaves Y Redding Y Ricketson Y Royal
Selman Y Sherrill E Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith,P Y Smith.T
Smith,W
Y Smyre YSnow
Y Stancil.F Y Stancil,S Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C

Y Thomas.M Y Thomas.N
Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti
Y Vaughan Y Walker.J Y Walker,L Y Wall YWare
Y Watson Y Watts
White Y Wilder
Y Williams.B Y Williams,J Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, as amended, the ayes were 162, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

SR 179. By Senator English of the 21st:
A resolution urging the Board of Natural Resources to adopt appropriate measures to exempt newly installed landscaping from local watering restrictions.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron
Y Barnett,B Y Barnett.M Y Bates Y Beatty Y Benefield
Y Birdsong Y Blitch
Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner
YByrd Y Campbell Y Canty Y Carrell Y Carter Y Chafm

Chambless Y Cheeks Y Childers Y Clark,E Y Clark.H Y Clark,L
Y Coker Y Coleman Y Colwell
Y Connell Y Culbreth Y Cummings,B
Cummings.M Y Davis.G N Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover YDunn Y Edwards
Elliott Y Felton
Y Fennel
Y Floyd,J.M Floyd.J.W
Y Flynt Y Godbee
Y Golden Y Goodwin Y Green

Y Greene Y Griffin
Y Groover Y Hamilton Y Hammond
Hanner Y Harris.B Y Harris,J Y Heard Y Henson
Herbert Y Hightower Y Holland Y Holmes Y Howard E Hudson Ylrwin Y Jackson Y Jamieson
Y Jenkins Y Jones
Y Kilgore YKing N Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence
Y Lawson

YLee
Long Lord Y Lucas Y Lupton
YMann
Y Martin
Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt YMilam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M YOrr Y Orrock
Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit

Y Pinholster Pinkston
YPoag Y Porter
Y Poston Y Powell,A Y Powell.C Y Purcell
Randall YRay Y Reaves
Redding Y Ricketson Y Royal
Selman Y Sherrill
E Simpson Y Sinkfield Y Skipper Y Smith,L
Y Smith.P
Y Smith.T
Smith.W
Y Smyre YSnow
Y Stancil.F Y Stancil.S Y Stanley Y Stephens Y Streat Y Taylor

2008

JOURNAL OF THE HOUSE,

Y Teper Y Thomas,C Y Thomas.M Y Thomas.N
Thurmond

Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs

Y Valenti Y Vaughan Y Walker,J Y Walker,L Y Wall

Y Ware Y Watson Y Watts
White Y Wilder

Y Williams.B Y Williams,J Y Williams.R Y Yeargin
Murphy.Spkr

On the adoption of the Resolution, the ayes were 158, nays 2.
The Resolution, having received the requisite constitutional majority, was adopted.
SB 328. By Senators Dawkins of the 45th, Taylor of the 12th, Robinson of the 16th and others:
A BILL to amend Part 12 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to effectiveness of educational programs under the "Quality Basic Education Act," so as to change provisions relating to instruments, procedures, and policies necessary to assess effectiveness; to provide for types of assessments and their implementation and use; and for other purposes.
The following Committee substitute was read and adopted:

A BILL
To amend Part 12 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to effectiveness of educational programs under the "Quality Basic Education Act," so as to change provisions relating to instruments, procedures, and policies necessary to assess effectiveness; to provide for types of assessments and their implementation and use; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 12 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to effectiveness of educational programs under the "Quality Basic Education Act," is amended by striking Code Section 20-2-281, relating to methods of assessment of effectiveness, and inserting in its place a new Code Section 20-2-281 to read as follows:
"20-2-281. (a) The State Board of Education shall adopt norm referenced and criterion referenced a student assessment program consisting of instruments, procedures, and policies necessary to assess the effectiveness of the educational programs of the state and shall fund all costs of providing and scoring such instruments, subject to appropriation by the General Assembly. Nationally norm referenced instruments shall be administered te students m grades two; four, seven, and nine. Criterion-referenced instruments, er etfeef instruments Curriculum-based assessments of the quality core curriculum and nationally norm-referenced instruments in reading and mathematics shall be administered to students in grades three, five, eight, and 11. A curriculum-based assessment shall be administered in grade 11 for graduation purposes. Only the curriculum-based assessments in grades three, five, and eight and the eleventh grade norm-referenced instrument may be administered by matrix sample. 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. The curriculum-based assessments that the state board may shall develop which shall measure student performance relative to the uniformly sequenced core curriculum approved for grades three, five, eight, and 11 by the state board pursuant to Code Section 20-2-140; shall be administered te sttt-
ments shall place emphasis upon reading, writing, and mathematics^ bat shall include science^ and social studies. All such curriculum-based assessments shall include process and application skills as assessed in a range of academic content, shall exceed minimum and essential skills by extending the assessments' range of difficulty, and shall emphasize higher order thinking skills.
(b) The nationally normed assessments provided for in subsection (aj of this Code section shall provide students and their parents with grade equivalencies and percentile

FRIDAY, MARCH 8, 1991

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ranks which result from the administration of such tests. Curriculum-based assessments provided for in subsection (a) of this Code section shall provide for results that reflect student achievement at the classroom, school, system, and state levels. The State Board of Education shall participate in the National Assessment of Educational Progress (NAEP). 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. The state board shall develop, subject to appropriation by the General Assembly, a comprehensive item bank which shall be representative of aH grade levels three, five, eight, and 11. and content areas contained within the uniformly sequenced core curriculum approved by the state board for those grades pursuant to Code Section 20-2-140; provided, however, that the items reflecting each subject area at each designated grade level levels shall range proportionally from minimal competency to higher level achievement competencies. This item bank shall be used to develop assessments which reflect student achievement at the classroom, school, and system levels, relative te said curriculum. These assessments ef student achievement shall
DC U9CQ ftS OH6 Or vilC CfItCFifl IOP QW0.1*0.1HJ SfllH*y 9Upp1CH1Cn69 OR ft CflFCCF IftQClCF pro*
hcnsivc evaluation pursuant to Code Section 20-2-282. {b} (c) The State Board of Education shall have the authority to condition the pro-
motion of a student from one grade to the next or 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 handicapped 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 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 handicapped 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) Local school systems may not use state funds to purchase or administer assessments other than those specified in subsection (a) of this Code section. However, local systems participating in state funded programs which require, in part or whole, individual student assessment data to determine eligibility or evaluation of student success in such programs, or to meet mandated requirements under federally authorized funds allocated to state or local systems or both, are authorized to expend a portion of the allocated state program funds for such testing purposes."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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, by substitute, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett,B Y Barnett.M Y Bates Y Beatty
Benefield YYBBIiirtdcshong

Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell Y Carter Y Chafin VY CChheaemkbsless

Y Clark.E Y Clark.H Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B
Cummings.M Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S YV DDoovbebrs

Y Edwards Elliott
Y Felton Y Fennel Y FIoyd,J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover vY IHTa,.m...i.l.ton ,

Y Harris.B Y Harris,J Y Heard Y Henson Y Herbert Y Hightower Y Holland Y Holmes Y Howard E Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones v ,,:,.._

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JOURNAL OF THE HOUSE,

Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee
Long YLord Y Lucas Y Lupton YMann Y Martin
Y McCoy Y McKelvey
McKinney,B
Y McKinney.C

Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M
YOrr Y Orrock Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry

Y Pettit Y Pinholster
Pinkston YPoag Y Porter
Poston Y Powell,A Y Powell.C Y Purcell
Randall YRay Y Reaves Y Redding Y Ricketson
Y Royal Selman
Y Sherrill E Simpson Y Sinkfield

Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith, W Y Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Stephens Y Streat Y Taylor
Y Teper Y Thomas.C Y Thomas.M Y Thomas.N
Thurmond
Y Titus

Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall Y Ware Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams ,J Y Williams.R
Y Yeargin Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 164, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

The following Resolutions of the House were read and adopted:

HR 473. By Representatives Davis of the 29th, Thomas of the 31st, Holmes of the 28th, Hightower of the 36th, McKinney of the 35th and others:
A resolution commending and recognizing the C. D. Gearing, Jr., Gospel Choir.

HR 474. By Representatives Brush of the 83rd and Williams of the 90th:
A resolution commending the Lakeside High School varsity academic bowl team.

HR 475. By Representatives Buckner of the 72nd, Benefield of the 72nd, Chafin of the 72nd, King of the 72nd and Lee of the 72nd:
A resolution commending Mrs. Sylvia Shelnutt.

HR 476. By Representatives Golden of the 148th, Reaves of the 147th, Patten of the 149th, Carter of the 146th and Blitch of the 150th:
A resolution recognizing and commending Moody Air Force Base on its 50th anniversary.

HR 477. By Representatives Cummings of the 17th and Murphy of the 18th:
A resolution expressing regret at the passing of Lt. Marion Gary Moss of the Georgia State Patrol.

HR 478. By Representatives Birdsong of the 104th and Jenkins of the 80th:
A resolution expressing support for the men and women of Jones County serving in Operation Desert Storm.

HR 479. By Representative Purcell of the 129th:
A resolution commending, recognizing, and supporting the inaugural officers of the Council of Superior Court Clerks of Georgia.

FRIDAY, MARCH 8, 1991

2011

HR 480. By Representative Birdsong of the 104th:
A resolution expressing support for the men and women of Twiggs County serving in Operation Desert Storm.

HR 481. By Representative Birdsong of the 104th:
A resolution expressing support for the men and women of Wilkinson County serving in Operation Desert Storm.

HR 482. By Representative Connell of the 87th:
A resolution commending and recognizing Mr. Harry M. Jacobs on the occasion of his retirement.

HR 483. By Representative Watson of the 114th: A resolution commending Mr. Albert Moore Harrell, Jr.

HR 484. By Representative Watson of the 114th:
A resolution congratulating Walter and Rhunelle Peterman on the occasion of their fiftieth wedding anniversary.

HR 485. By Representatives King of the 72nd, Benefield of the 72nd, Lee of the 72nd, Buckner of the 72nd and Chafin of the 72nd:
A resolution commending the Girl Scout Troops sponsored by Tara Elementary School.

HR 486. By Representatives Walker of the 113th, Watson of the 114th and Walker of the 115th:
A resolution commending Honorable Theodore W. Waddle.

HR 487. By Representative Smith of the 152nd: A resolution commending Ronald Hendrix, Sr.

HR 488. By Representatives Smith of the 16th, McKelvey of the 15th, Childers of the 15th, Herbert of the 76th, Lawson of the 9th and others:
A resolution commending Steve Anthony.

Representative Twiggs of the 4th District, Chairman of the Committee on Public Safety, submitted the following report:

Mr. Speaker:
Your Committee on Public Safety has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 128 Do Pass, as Amended SB 376 Do Pass SB 370 Do Pass, by Substitute

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Respectfully submitted, /s/ Twiggs of the 4th
Chairman

Representative Benefield of the 72nd District, Chairman of the Committee on Transportation, submitted the following report:

Mr. Speaker:
Your Committee on Transportation has had under consideration the following Resolution of the Senate and has instructed me to report the same back to the House with the following recommendation:
SR 233 Do Pass, by Substitute
Respectfully submitted, /s/ Benefield of the 72nd
Chairman

The following communication from the Secretary of State was received:

STATE OF GEORGIA OFFICE OF SECRETARY OF STATE

I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the attached list contains the names and addresses of persons numbered 1050 through 1058, who have registered in the Docket of Legislative Appearance as of March 8, 1991, 2:30 p.m. in accordance with Georgia Law 1970, p. 695, as the same appears on file and record in this office.

In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 8th day of March, in the year of our Lord One Thousand Nine Hundred and Ninetyone and of the Independence of the United States of America the Two Hundred and Fifteenth.

(SEAL)

/s/ Max Cleland Secretary of State

1050.

Grant Williams Georgia State Employees
Union 501 Pulliam Street Atlanta, Georgia 30332

1051.

Rickey Crawford Bakery Confectionery &
Tobacco Workers Union Local 362-T Jeffersonville Road Macon, Georgia 31211

1052.

Randy Crawford Bakery Confectionary &
Tobacco Workers Union Local 362-T 2522 Cumberland Drive Macon, Georgia 31201

1053. Wayne Hagood International Association of Aerospace Workers Dist. 131 Executive Park North Suite 108 Macon, Georgia 31209
1054. Phyllis Fountain West Georgia Family Concerns 120 West Fairlawn Carrollton, Georgia 30117
1055. Angle Y. Woodward West Georgia Family Concerns 531 Ray North Road Carrollton, Georgia 30117

FRIDAY, MARCH 8, 1991

2013

1056. Edward Deaton American Association of Retired Persons Muscogee Association of Retired Cafeteria Workers P. O. Box 8182 Columbus, Georgia 31908
1057. Ron Williams National Organization for the Reform of Marijuana Laws P. O. Box 821 Lithia Springs, GA 30057

1058. Jessie Thomas Junior Girl Scouts #1221 Berkeley Lake Elementary School Thomas & Associates Pre-Team Gymnastics 3000 Langford Road Bldg. 2400 Norcross, Georgia 30071

Pursuant to HR 472, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, March 11, 1991.

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Representative Hall, Atlanta, Georgia Monday, March 11, 1991

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
The roll was called and the following Representatives answered to their names:

Adams
Aiken Alford Atkins Baker Balkcom Barfoot Barnett.B Barnett.M
Bates Beatty Benefield Birdsong Blitch Bordeaux Branch Brooks Brown
Brush
Buck Buckner Byrd Campbell Canty Carrell Carter Chafin Chambless Cheeks Childers Clark,E Clark.H

Clark.L Coker Coleman Colwell
Culbreth Cummings,B Davis.G Davis,M Dixon.H Dixon,S Dover Dunn Elliott Felton Fennel Floyd,J.M Floyd,J.W Flynt Golden Goodwin Green Greene Griffin Groover Hamilton Hammond Hanner Harris,B
Harris,J Heard Henson Herbert

Hightower Holland Howard Hudson Irwin Jackson Jamieson Jenkins Jones Kilgore King Kingston Klein Ladd Lane.D Lane.R Langford Lawrence Lawson Lee Long Lord Mann Martin McCoy McKelvey McKinney.B McKinney.C Meadows
Merritt
Milam Mills

Mobley Moody Morsberger Moultrie Mueller Orr Padgett Par ham Parrish Patten Pelote Perry Pettit Pinholster Poag Poston Powell,A Powell.C Purcell
Reaves
Ricketson
Royal
Selman
Sherrill
Simpson
Sinkfield
Skipper
Smith.L
Smith.P
Smith.T
Smith.W

Smyre Snow Stancil.F Stancil.S Stanley Stephens Streat Taylor Teper Thomas.C Thomas.M Thomas.N Titus Tolbert Townsend Turnquest Twiggs Valenti Vaughan
Walker,J
Walker.L
Wall
Ware
Watson
Watts
Wilder
Williams.B
Williams,J
Williams ,R
Yeargin
Murphy.Spkr

Prayer was offered by Dr. Nelson Price, Pastor, Roswell Street Baptist Church, Marietta, Georgia.

The members pledged allegiance to the flag.

Representative Bargeron of the 108th, Chairman of the Committee on Journals, 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.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.

MONDAY, MARCH 11, 1991

2015

4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills of the House were introduced, read the first time and referred to the committees:
HB 1036. By Representative Benefield of the 72nd: A bill to amend Article 5 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Scenic Trails Act," so as to provide that the Department of Transportation is authorized and directed to request and utilize funds from the Federal Highway Administration for bicycle and pedestrian facilities.
Referred to the Committee on Transportation.
HB 1037. By Representatives Kilgore of the 42nd and Branch of the 137th: A bill to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities, so as to create the Georgia CATV Authority and provide for its offices and legal situs.
Referred to the Committee on Industry.
HB 1038. By Representatives Jackson of the 9th and Connell of the 87th: A bill to amend Code Section 28-1-8 of the Official Code of Georgia Annotated, relating to salary and allowances of members and officers of the General Assembly, so as to provide for additional compensation for the chairmen of standing committees.
Referred to the Committee on Rules.
HB 1039. By Representatives Dixon of the 128th, Kilgore of the 42nd and Watson of the 114th:
A bill to amend Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to factory built buildings and dwelling units, so as to require the licensure of dealers of new and used manufactured homes and mobile homes.
Referred to the Committee on Industry.
HB 1040. By Representatives Campbell of the 23rd, Felton of the 22nd and McKinney of the 40th:
A bill to reincorporate the City of Roswell in the County of Fulton, so as to change the corporate limits of said city.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1042. By Representative Kingston of the 125th:
A bill to amend Article 3 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to financial disclosure statements, so as to provide that the financial disclosure statement include any gift, entertainment, food, refreshment, lodging, or hospitality which exceeds $200.00 per transaction from a person other than a person related to the public officer within the fourth degree by civil reckoning, with a statement identifying the person and principal activity of the person from whom it was received.
Referred to the Committee on Judiciary.

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HB 1043. By Representative White of the 132nd:
A bill to amend Code Section 28-1-1 of the Official Code of Georgia Annotated, relating to membership and apportionment of the General Assembly, so as to provide that members of the General Assembly shall be full-time public officials; to provide for a salary supplement for members of the General Assembly.
Referred to the Committee on Rules.

HB 1048. By Representatives Felton of the 22nd, Oliver of the 53rd, Selman of the 32nd, Williams of the 48th, Sinkfield of the 37th and others:
A bill to amend Code Section 48-7-26 of the Official Code of Georgia Annotated, relating to personal exemptions from state income tax, so as to increase the amount of the exemption allowed for each taxpayer other than a taxpayer who files a joint return and for each dependent of any taxpayer.
Referred to the Committee on Ways & Means.

HB 1050. By Representative Hamilton of the 124th:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, so as to provide for designation of community innovation zones.
Referred to the Committee on Human Relations & Aging.

HB 1051. By Representatives Meadows of the 91st, Jones of the 71st, Ware of the 77th and Flynt of the 75th:
A bill to amend an Act creating and establishing the Newnan-Coweta County Airport Authority, so as to change the composition of the membership of such authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1052. By Representatives Alford of the 57th, Henson of the 57th and Irwin of the 57th:
A bill to create the Rockdale County Recreational Authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1053. By Representatives Alford of the 57th, Irwin of the 57th and Henson of the 57th:
A bill to create the Board of Elections and Registration of Rockdale County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1054. By Representatives Bordeaux of the 122nd, Hamilton of the 124th, Mueller of the 126th, Merritt of the 123rd, Kingston of the 125th and others:
A bill to amend an Act creating the State Court of Chatham County, so as to change the compensation of the judges of the state court; to amend an Act providing for the compensation of certain officials in Chatham County, so as to delete the provisions relating to compensation of judges of the State Court of Chatham County.
Referred to the Committee on State Planning & Community Affairs - Local.

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HB 1055. By Representatives Pettit of the 19th, McKelvey of the 15th and Childers of the 15th:
A bill to provide that the county school superintendent of Bartow County shall be appointed by vote of the board of education to serve at the pleasure of the board.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1056. By Representatives Pettit of the 19th, McKelvey of the 15th and Childers of the 15th:
A bill to provide that the chairman of the Board of Education of Bartow County shall be selected by the board on an annual basis as provided by board policy.
Referred to the Committee on State Planning & Community Affairs - Local.

By unanimous consent, the rules were suspended in order that the following Bills and Resolution of the House could be introduced, read the first time and referred to the committees:

HB 1058. By Representative Ray of the 98th:
A bill to provide for filling vacancies in certain membership positions on the board of the Peach County Hospital Authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1059. By Representative Edwards of the 112th:
A bill to amend an Act establishing a board of commissioners of Taylor County, so as to change the compensation of the chairman and the members of said board.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1063. By Representatives Dixon of the 128th, Kingston of the 125th, Hamilton of the 124th and Merritt of the 123rd:
A bill to amend the Chatham Area Transit Authority Act, so as to provide minimum ridership and service standards for the authority to provide transit services in the unincorporated areas of Chatham County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1065. By Representative McKinney of the 35th:
A bill to provide that in Fulton County a residential property developer or builder shall obtain a certificate of approval from a registered engineer before building or developing within 500 feet of any lake within a residential area.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 500. By Representatives Porter of the 119th, Godbee of the 110th, Lane of the lllth, Oliver of the 121st, Patten of the 149th and others:
A resolution designating the K.T. Kennedy Reef.
Referred to the Committee on Rules.

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By unanimous consent, the following Bills and Resolution of the House and Senate were read the second time:

HB 1029
HB 1030 HB 1031 HB 1034
HB 1035
HB 1041 HB 1044

HB 1045 HB 1046 HB 1047 HB 1049 HR 471 SB 449

Representative Lane of the 27th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 945 Do Pass, by Substitute HB 976 Do Pass
HB 1019 Do Pass
HB 1023 Do Pass HB 1024 Do Pass HB 1025 Do Pass
HB 1027 Do Pass

HB 1028 Do Pass HB 1032 Do Pass
HB 1033 Do Pass
SB 398 Do Pass SB 413 Do Pass, by Substitute SB 443 Do Pass
HB 1022 Do Pass

Respectfully submitted,
Is/ Lane of the 27th Chairman

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House:

HB 448. By Representatives Benefield of the 72nd, Herbert of the 76th, Buckner of the 72nd, King of the 72nd, Chafin of the 72nd and others:
A bill to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable, procedures, schedules of bails, and appeal bonds, so as to provide that certain offenses are bailable only before a judicial officer when such offenses involve family violence and substantial injury.

HB 474. By Representatives Orrock of the 30th, Morsberger of the 62nd, Redding of the 50th and Selman of the 32nd:
A bill to amend Chapter 28 of Title 43 of the Official Code of Georgia Annotated, relating to the licensing of occupational therapists, so as to change definitions, to authorize the State Board of Occupational Therapy to contract for examination services; to modify licensure and examination requirements.

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SB 446. By Senators Ragan of the 32nd, Clay of the 37th and Thompson of the 33rd:
A bill to provide for a $10,000.00 homestead exemption from certain City of Smyrna ad valorem taxes for certain residents 62 years of age or older; to provide for related matters; to provide for a referendum; to repeal certain existing homestead exemptions; to provide for effective dates.

SB 450. By Senators Starr of the 44th and Collins of the 17th:
A bill to provide for the creation of one or more community improvement districts in Clayton County and in each municipality therein; to provide for a short title; to provide for the purposes of the said districts; to provide for definitions; to provide for boards to administer said districts.

SB 451. By Senator Shumake of the 39th:
A bill to incorporate the City of South Fulton County in Fulton County; to provide for a charter for said city; to provide for incorporation, boundaries, and powers of the city; to provide for general powers and limitations on powers; to provide for certain revenue sharing.

SB 452. By Senator Shumake of the 39th:
A bill to incorporate the City of North Fulton County in Fulton County; to provide for a charter for said city; to provide for incorporation, boundaries, and powers of the city; to provide for general powers and limitations on powers; to provide for certain revenue sharing; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority.

SB 453. By Senator Shumake of the 39th:
A bill to provide that the total ad valorem tax revenues collected by the tax commissioner of Fulton County shall not exceed by 10 percent or more the total ad valorem tax revenues collected during the preceding year; to provide definitions; to authorize a tax recall election; to provide for applications for tax recall petitions.

SB 454. By Senator Ray of the 19th:
A bill to provide a new charter for the City of Hawkinsville; 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, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority.

HB 800. By Representative Stancil of the 66th:
A bill to provide that the school superintendent of the Oconee County School District shall be appointed by the board of education rather than elected.

HB 879. By Representative Green of the 106th:
A bill to provide for the appointment and terms of the members of the Hospital Authority of Putnam County.

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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, the roll call was ordered and the vote was as follows:

Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot
Bargeron Y Barnett,B
Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong
Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks
Brown Y Brush YBuck Y Buckner YByrd Y Campbell
Y Canty Y Carrell Y Carter Y Chafin
Y Chambless Y Cheeks Y Childers Y Clark.E
Clark.H

Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B
Cummings,M Y Davis.G Y Davis.M
Dixon.H Y Dixon.S
Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd,J.W
Y Flynt Godbee
Y Golden Good win
Y Green Y Greene Y Griffin
Groover Hamilton Y Hammond Y Manner Y Harris.B Y Harris,J Heard Y Henson

Y Herbert Hightower
Y Holland Holmes
Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd
Lane,D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong YLord
Lucas Y Lupton Y Mann Y Martin
Y McCoy Y McKelvey Y McKinney.B
Y McKinney.C Y Meadows Y Merritt
Milam Y Mills

Y Mobley Y Moody N Morsberger Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston
Y Poag Y Porter Y Poston Y Powell,A Y Powell.C
Y Purcell Randall
YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill
Simpson Y Sinkfield
Skipper Y Smith.L

Y Smith.P Smith.T
Y Smith,W Y Smyre YSnow Y Stancil.F Y Stancil.S
Y Stanley Y Stephens Y Streat Y Taylor Y Teper
Y Thomas.C Thomas.M
Y Thomas.N Y Thurmond
Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti
Vaughan Y Walker,J Y Walker.L Y Wall
Ware Y Watson Y Watts Y White Y Wilder
Y Williams.B Y Williams,J Y Williams.R Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 149, nays 1. The Bill, having received the requisite two-thirds constitutional majority, was passed.

HB 945. By Representatives Twiggs of the 4th and Colwell of the 4th:
A bill to amend an Act granting a new charter to the City of Young Harris, so as to change the corporate limits of the city.

The following Committee substitute was read and adopted:

A BILL
To amend an Act granting a new charter to the City of Young Harris, approved March 24, 1978 (Ga. L. 1978, p. 4470), so as to change the corporate limits of the city; 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 granting a new charter to the City of Young Harris, approved March 24, 1978 (Ga. L. 1978, p. 4470), is amended by adding between Sections 1.02 and 1.03 a new Section 1.02A to read as follows:
"Section 1.02A. Additional Corporate Boundaries. In addition to the corporate limits and boundaries described in Section 1.02 of this Act, the corporate limits of the City of Young Harris shall also include the following land: Beginning at that certain point

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on the North boundary of the corporate limits of the City of Young Harris, formed by the intersection of the North boundary of said City limits with the West right-of-way line of U.S. Highway 76; thence Westerly along the corporate limits of the City of Young Harris to that point formed by the intersection of the corporate limits of the City of Young Harris with the North right-of-way line of Meadow Drive; thence Northwesterly along the North right-of-way line of Meadow Drive and including the entire right-of-way of Meadow Drive parallel with and adjacent to 9 courses and distances as follows: North 35 degrees 38 minutes 14 seconds West 20.10 feet, North 35 degrees 35 minutes 41 seconds West 136.87 feet, North 41 degrees 42 minutes 09 seconds West 92.27 feet, North 50 degrees 50 minutes 42 seconds West 52.57 feet, North 56 degrees 16 minutes 16 seconds West 50.93 feet, North 61 degrees 43 minutes 59 seconds West 51.71 feet, North 71 degrees 10 minutes 29 seconds West 126.84 feet, North 80 degrees 24 minutes 57 seconds West 96.69 feet, and North 83 degrees 58 minutes 04 seconds West 111.58 feet to a point; thence North 07 degrees 14 minutes 01 seconds East 96.79 feet to the centerline of Corn Creek; thence Westerly down the centerline of Corn Creek to the intersection of the centerline of Corn Creek with the centerline of Brasstown Creek; thence Northerly along the centerline of Brasstown Creek to a point at a South boundary line of the property owned by the State of Georgia, Department of Natural Resources, located in Land Lot 99 of the 17th District, 1st Section of Towns County, Georgia; thence North 89 degrees 24 minutes East along said South boundary of the property now owned by the State of Georgia, Department of Natural Resources, 1687.59 feet to an iron pin and Department of Natural Resources marker on the West right-of-way line of U.S. Highway 76; thence North 89 degrees 24 minutes East to the centerline of the right-of-way of U.S. Highway 76; thence North along the centerline of U.S. Highway 76 to a point formed by the extension of the centerline of an intersecting road, said point being the extension of the boundary between the property now or formerly owned by C. D. Corn and property now owned by the State of Georgia, Department of Natural Resources; thence North 82 degrees 57 minutes East along said extended boundary and the boundary of the property now or formerly owned by C. D. Corn and the property now owned by the State of Georgia, Department of Natural Resources 125 feet to a point; thence South 125 feet from and parallel with the centerline of the right-of-way of U.S. Highway 76 to a point formed by the intersection of said parallel boundary with the South boundary of the property now or formerly owned by C. D. Corn with the North boundary of property now or formerly owned by Ellen Nelms, said point being parallel with an iron pin on the East line of land Lot 98 located South 00 degrees 08 minutes East 1271.65 feet from the Northeast corner of Land Lot 98; thence North 89 degrees 24 minutes East along the South boundary of the property now or formerly owned by C. D. Corn to a point 100 feet from the East right-of-way line of U.S. Highway 76; thence South 100 feet from and parallel with the East right-of-way line of U.S. Highway 76 to a point formed by the intersection of said parallel boundary with the North boundary of the corporate limits of the City of Young Harris; thence West along the corporate limits of the City of Young Harris set forth in Section 1.02 of this Act, above, to the Point of Beginning, including all persons and property within the boundaries of said description."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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, by substitute, the ayes were 149, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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HB 976. By Representatives Stancil of the 8th and Pinholster of the 8th: A bill to create a board of commissioners of Pickens County.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 149, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 1019.

By Representatives Aiken of the 21st, Atkins of the 21st, Klein of the 21st, Coker of the 21st and Clark of the 20th (Post 4):
A bill to amend an Act reincorporating the City of Marietta, so as to change the corporate limits of the city.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 149, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 1023.

By Representatives Snow of the 1st and McCoy of the 1st:
A bill to amend an Act placing the judge of the Probate Court of Walker County on a salary basis, so as to change the provisions relating to the amount of funds for the compensation of the personnel of said officer.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 149, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 1024.

By Representatives Snow of the 1st and McCoy of the 1st:
A bill to amend an Act creating the office of tax commissioner of Walker County, so as to change the provisions relating to the amount of funds for the compensation of the personnel of the tax commissioner.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 149, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 1025.

By Representatives Snow of the 1st and McCoy of the 1st:
A bill to amend an Act placing the clerk of the Superior Court of Walker County on an annual salary, so as to change the provisions relating to the amount of funds for the compensation of the personnel of said officer.

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, the ayes were 149, nays 1. The Bill, having received the requisite constitutional majority, was passed.

HB 1027. By Representatives Byrd of the 153rd and Moody of the 153rd: A bill to incorporate and provide a charter for the City of Graham.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 149, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 1028.

By Representatives Smith of the 152nd, Moody of the 153rd and Byrd of the 153rd:
A bill to amend an Act creating the office of commissioners of Roads and Revenues of Brantley County, so as to provide a new mileage rate for the chairman and board of commissioners.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 149, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 1032.

By Representative Balkcom of the 140th:
A bill to abolish the office of Treasurer of Baker County; to provide that the Board of Commissioners of Baker County shall appoint depositories for county funds.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 149, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 1033. By Representative Balkcom of the 140th:
A bill to consolidate the offices of tax receiver and tax collector of Baker County into the office of tax commissioner of Baker County.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 149, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

SB 398. By Senator Echols of the 6th:
A bill to amend an Act creating a board of commissioners of Pierce County, as amended, so as to authorize an increase in compensation for the members of the board of commissioners other than the chairman.

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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, the ayes were 149, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

SB 413. By Senators Phillips of the 9th and White of the 48th:
A bill to amend an Act creating the board of commissioners of Gwinnett County, as amended, so as to change the organization of the governing authority of Gwinnett County; to provide for a county chairman elected county wide and a board of commissioners consisting of seven members elected from commissioner districts at the general election of 1992 and thereafter.

The following Committee substitute was read and adopted:

A BILL
To amend an Act creating the board of commissioners of Gwinnett County, approved January 31, 1968 (Ga. L. 1968, p. 2003), as amended, so as to provide for a chairman elected county wide and a board of commissioners consisting of six members elected from commissioner districts; to provide for elections and terms of office; to provide for vacancies; to provide certain election procedures; to provide for definitions; to provide for commissioner districts; to provide for the preservation of the terms of the current chairman and members of the board of commissioners; to provide for other matters relative to the foregoing; to provide effective dates; 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 Gwinnett County, approved January 31, 1968 (Ga. L. 1968, p. 2003), as amended, is amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows:
"Section 3. (a) The board of commissioners of Gwinnett County shall consist of six members and a chairman.
(b) The chairman shall be elected by the qualified voters of the entire county and may reside in any commissioner district in Gwinnett County. The county chairman shall be elected by a majority vote.
(c) (1) Each candidate for membership on the board other than the chairman shall be a resident of the commissioner district which he offers to represent and shall be elected by the qualified voters of such district. The members of the board shall be elected by a majority vote. For the purpose of electing members of the board of commissioners, Gwinnett County is divided into six commissioner districts as follows:
Commissioner District No. 1. Reserved. Commissioner District No. 2. Reserved. Commissioner District No. 3. Reserved. Commissioner District No. 4. Reserved. Commissioner District No. 5. Reserved. Commissioner District No. 6. Reserved. (2) As used in paragraph (1) of this subsection, the term 'precinct' refers to the precinct designated by the same number on the official precinct map of Gwinnett County filed by the election superintendent of Gwinnett County with the Secretary of State and on file in the office of the Secretary of State on January 1, 1992. (3) Any part of Gwinnett County which is not included in any commissicner district described in this subsection shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia.

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(d) (1) The members of the board of commissioners in office on January 1, 1992, representing former Commissioner Districts No. 1 and No. 3 and the chairman of the board of commissioners in office on January 1, 1992, or any person filling a vacancy in any office covered under this paragraph shall serve out the remainder of their terms of office, such terms expiring on December 31, 1992.
(2) The members of the board of commissioners in office on January 1, 1992, representing former Commissioner Districts No. 2 and No. 4 shall serve out the remainder of the term to which they were elected, such terms expiring on December 31, 1994. At the general election in 1994 and every four years thereafter, a member of the board of commissioners shall be elected from Commissioner Districts No. 2 and No. 4 as provided in this Act. Each such commissioner, and the successor to each such commissioner, shall be elected and shall serve for a term of office of four years and until his successor is elected and qualified and shall take office on the first day of January next following his election.
(3) (A) At the general election to be held in November, 1992, members of the board shall be elected from Commissioner Districts No. 1, 3, 5, and 6. The members elected from Commissioner Districts No. 1, 3, and 5 shall take office on January 1, 1993, for terms of four years and until successors are elected and qualified. The member elected from Commissioner District No. 6 shall take office on January 1, 1993, for a term of two years and until a successor is elected and qualified.
(B) Successors to the members who are elected as provided for in subparagraph (A) of this paragraph shall be elected at the general elections conducted in those years in which the respective terms of office shall expire, and they shall take office on the first day of January next following their election for terms of four years and until their successors are duly elected and qualified. (4) At the general election to be held in November, 1992, and every four years thereafter, the chairman shall be elected by the qualified voters of the entire county as provided in this Act. The chairman, and each successor to such chairman, shall be elected and shall serve for a term of office of four years and until his successor is elected and qualified and shall take office on the first day of January next following his election. (e) In the event a member moves such member's residence from the district the member represents, that position on the board shall immediately become vacant. (f) All elections under this Act shall be held in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code."'
Section 2. (a) For the purpose of electing the chairman and the other members of the board of commissioners under this Act, Section 1 of this Act shall become effective January 1, 1992.
(b) For all other purposes, Section 1 of this Act shall become effective January 1, 1993.
(c) The remaining provisions of this Act shall become effective July 1, 1991.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
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, by substitute, the ayes were 149, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Goodwin of the 63rd stated that he wished to be recorded as voting "aye" on all Local Bills, except SB 413 and he wished to be recorded as voting "nay" thereon.

By unanimous consent, all House Bills and Resolutions, as amended or by substitute, were immediately transmitted to the Senate. All Senate Bills and Resolutions, as amended

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or by substitute and requiring further action by the Senate, were immediately transmitted to the Senate.

The following Bills and Resolution of the House were taken up for the purpose of considering the Senate substitutes thereto:

HB 63. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st, Adams of the 79th and Morsberger of the 62nd:
A bill to amend Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to driving under the influence of alcohol or drugs, so as to provide for publication of the name, address, and photograph of each person convicted of driving under the influence of alcohol or drugs.

The following Senate substitute was read:

A BILL
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for assessment of certain drivers after a conviction of or plea of nolo contendere to driving under the influence; to provide for referral to the appropriate component of a DUI Alcohol or Drug Use Risk Reduction Program; to change the alcohol concentration level that constitutes driving under the influence; to change the alcohol concentration level that constitutes driving under the influence for persons under 21 years of age; to change provisions relating to alcohol and drug tests; to change the presumptions which rise from certain alcohol concentrations; to restrict the entry of a plea of nolo contendere to a charge of driving under the influence; to provide that a portion of the fine imposed for a third or subsequent conviction may be ordered to be used for the defendant's drug or alcohol treatment; to provide for disposition of the driver's license in an accepted plea of nolo contendere; to provide for the suspension of the driver's license of certain persons charged with driving under the influence or refusal to submit to a chemical test for the purpose of determining the alcohol or drug content of a person's blood; to provide for sworn suspension reports; to provide for procedures; to provide for the surrender or seizure of a license after a finding of probable cause; to provide for a hearing before a judicial officer; to provide for an appeal; to provide for the immediate suspension of a driver's license; to provide for orders of the court; to provide for periods of suspension; to provide for issuance of a temporary driving permit upon court order; to provide for exceptions; to provide for fees; to change certain provisions relating to penalties upon a conviction of violating Code Section 40-6-391; to provide that such driver's license suspensions shall not affect any other license suspension; to change certain penalty provisions applicable to driving while driver's license is suspended or revoked; to provide for publication of the name, address, and photograph of each person convicted of driving under the influence of alcohol or drugs; to provide for the contents of such notice; to provide for assessment of costs of publication; to provide for immunity; to amend Code Section 17-4-23 of the Official Code of Georgia Annotated, relating to procedure for arrests by citation for motor vehicle violations, so as to change certain requirements regarding arrests by citation; to provide for exceptions to arrests by citation; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking from Code Section 40-5-1, relating to definitions relative to drivers' licenses, paragraphs (7.2) and (12.1), relating to the definitions of a First Offender DUI Alcohol or Drug Use Risk Reduction Program and a Second Offender Alcohol or Drug Use Risk Reduction Program, in their entirety and by adding a new paragraph (14) to read as follows:

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"(14) 'DUI Alcohol or Drug Use Risk Reduction Program' means a program certified by the Department of Human Resources which consists of three components: assessment, education/intervention, and intensive intervention. In the case of a first conviction or plea of nolo contendere to a violation of Code Section 40-6-391, the program administers the assessment component and, based on the results of the assessment, releases the offender or refers such offender to either the education/intervention component or the intensive intervention component. In the case of a second conviction of a violation of Code Section 40-6-391 or in any other instance in which a person may be referred to a DUI Alcohol or Drug Use Risk Reduction Program, the program administers the assessment component and, based on the results of the assessment, refers the offender or other person to either the education/intervention component or the intensive intervention component."
Section 2. Said title is further amended by striking subsection (a) of Code Section 40-5-55, relating to the implied consent for chemical tests, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The State of Georgia considers that the persons who are under the influence of alcohol or drugs while operating a motor vehicle or who have a blood alcohol concentration of 9rl3 0.10 grams or more at any time within three hours after operating a motor vehicle from alcohol consumed before such driving or actual physical control ended or who have any amount of marijuana or any controlled substance without prescription present in their blood or urine, without regard to the presence of alcohol, while operating a motor vehicle constitute a direct and immediate threat to the welfare and safety of the general public. Therefore, any person who operates a motor vehicle upon the highways or elsewhere throughout this state shall be deemed to have given consent, subject to Code Section 40-6-392, to a chemical test or tests of his blood, breath, or urine or other bodily substances, for the purpose of determining the alcoholic or drug content of his blood, if arrested for any offense arising out of acts alleged to have been committed in violation of Code Section 40-6-391 or if such person is involved in any traffic accident resulting in serious injuries or fatalities. The test or tests shall be administered at the request of a law enforcement officer having reasonable grounds to believe that the person has been driving or was in actual physical control of a moving motor vehicle upon the highways or elsewhere throughout this state in violation of Code Section 40-6-391. The test or tests shall be administered as soon as possible to any person who operates a motor vehicle upon the highways or elsewhere throughout this state who is involved in any traffic accident resulting in serious injuries or fatalities. Subject to Code Section 40-6-392, the requesting law enforcement officer shall designate which of the aforesaid tests shall be administered, provided that both a blood and urine test shall be administered to any person operating a motor vehicle involved in a traffic accident resulting in serious injuries or fatalities."
Section 3. Said title is further amended by striking paragraphs (1) and (2) of subsection (a) of Code Section 40-5-63, relating to suspension of drivers' licenses, and inserting in lieu thereof new paragraphs (1) and (2) to read as follows:
"(1) Upon the first conviction of any such offense, with no arrest and conviction of and no plea of nolo contendere accepted to such offense within the previous five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for 12 months. At the end of 120 days, the person may apply to the Department of Public Safety for reinstatement of his driver's license. Such license shall be reinstated if such person submits proof of completion of a First Offender DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a restoration fee of $35.00 or $25.00 when such reinstatement is processed by mail. A driver's license suspended as a result of a conviction of a violation of Code Section 40-6-391 shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee. For purposes of this paragraph, an accepted plea of nolo contendere to an

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offense listed in Code Section 40-5-54 by a person who is under 18 years of age at the time of arrest shall constitute a conviction. For the purposes of this paragraph only, an accepted plea of nolo contendere by a person 18 years of age or older, with no conviction of and no plea of nolo contendere accepted to a charge of violating Code Section 40-6-391 within the previous five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall not be considered a conviction; however, the court having jurisdiction shall forward, as provided in Code Section 40-6-391.1, the record of such disposition of the case to the Department of Public Safety and the record of such disposition shall be kept on file for the purpose of considering and counting such accepted plea of nolo contendere as a conviction under paragraphs (2) and (3) of this subsection;
(2) Upon the second conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for three years. At the end of 120 days, the person may apply to the Department of Public Safety for reinstatement of his driver's license. Such license shall be reinstated if such person submits proof of completion of a Second Offender DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a restoration fee of $35.00 or $25.00 when processed by mail, provided that no assessment shall be required upon such second conviction. For purposes of this paragraph, a plea of nolo contendere and all previous accepted pleas of nolo contendere to an offense listed in Code Section 40-5-54 within such five-year period of time shall constitute a conviction. For the purposes of this paragraph, a plea of nolo contendere to a charge of violating Code Section 40-6-391 and all prior accepted pleas of nolo contendere within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered and counted as convictions; or".
Section 4. Said title is further amended by striking Code Section 40-5-67, relating to seizure and disposition of the drivers' licenses of persons charged with driving under the influence of alcohol or drugs, in its entirety and inserting in lieu thereof a new Code Section 40-5-67 to read as follows:
"40-5-67. (a) As used in this Code section, the term 'judicial officer' shall mean a judge of the superior courts, state courts, magistrate courts, probate courts, municipal courts, or county recorder's courts.
{a} (b) Whenever any resident or nonresident person is charged with violating Code Section 40-6-391, the law enforcement officer shall take the driver's license of the person so charged. The driver's license shall be attached to the court's copy of the uniform traffic citation and complaint form and shall be forwarded to the court having jurisdiction of the offense. A copy of the uniform traffic citation and complaint form shall be forwarded, within ten days of issue, to the Department of Public Safety. Taking the driver's license as required in this Code section shall not prohibit any law enforcement officer or agency from requiring any cash bond authorized by Article 1 of Chapter 6 of Title 17.
a temporary driving permit te the person. This temporary driving permit sfeatt be validuntil cue cxpiffltion OT J.ou dsys, or until tne person 8 driving privilege is suspended or
discretion, may delay the expiration date ef- the temporary driving permit, but t ne event snflii tin9 delfly extend ocyon tne ofttc wncii sucn person 9 driving pn vi'ic^e is
or revolted under tiny provision of tnis title* 1. fie dcpsrtment snflii Dy rules and regulations establish the conditions wider which the expiration ef th temporary permit may be delayed.
(c) Whenever any resident or nonresident person is charged with violating Code Section 40-6-391 or Code Section 40-5-55, such person shall be subject to suspension of his or her driver's license pursuant to this Code section if:

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(1) The charging officer has reasonable grounds to believe that the person has committed an offense subject to the implied consent provisions of Code Section 40-5-55; and
(2) The person is charged with a violation of Code Section 40-5-55 for the willful refusal to submit to a chemical analysis or with driving under the influence of alcohol or drugs in violation of Code Section 40-6-391; or
(3) The person is tested and has an alcohol concentration of at least the level required for a presumption of driving under the influence as provided for in Code Section 40-6-392 or, if such person was operating a commercial motor vehicle, an alcohol
concentration of 0.04. (d) The arresting officer and any chemical analyst who performed or attempted to perform such breath, blood, or urine tests shall execute a sworn report attesting to the facts which give rise to the charge of refusal to submit to a chemical test OT driving under the influence of alcohol and drugs and file such report with the judicial officer
before whom such person appears. (e) If properly executed sworn suspension reports are filed with the judicial officer
when the person charged is present before such officer, the judicial officer shall, after completing any other proceedings involving the person, determine whether there is probable cause to believe that each of the conditions of subsection (c) of this Code section have been met. If the judicial officer determines that such probable cause exists, the judicial officer shall enter an order suspending the person's driver's license for the period required by this Code section. The judicial officer shall order the person to surrender his license and if necessary may order a law enforcement officer to seize the license. The judicial officer shall give the arrested person a copy of the suspension order and shall personally and in writing inform the person of his right to a hearing as specified in subsection (g) of this Code section and that his driver's license will remain suspended pending such hearing. If the person is licensed, the suspension under this subsection shall commence at the time the suspension order is issued and shall continue until the person's driver's license has been suspended for ten days and the person has paid the applicable costs. If the person is not currently licensed, the suspension shall continue until ten days from the date the suspension order was issued and until the person has paid the applicable costs. Ifj within five working days of the effective date of the suspension order provided for in this subsection, the person charged does not surrender his driver's license or demonstrate that he is not currently licensed, the judicial officer shall immediately issue an order for the seizure of the driver's license of such person. The order shall be issued to a member of a local law enforcement agency if the charging officer was employed by the agency at the time of the charge and the person charged resides in or is present in the agency's territorial jurisdiction. In all other cases, the order shall be issued to an officer of the Georgia State Patrol and personally served on such person.
(f) If for any reason the person charged is not or cannot be present before the judicial officer, the judicial officer shall make such probable cause determination based upon the sworn suspension report filed by the law enforcement officer or chemical analyst, or both, and consider any testimony of such officer or analyst. If the judicial officer determines that such probable cause exists, he shall mail to the person a suspension order by certified mail. The order shall direct that the person shall, on or before the effective date of the suspension order, either surrender his driver's license to the court or appear before such judicial officer and demonstrate that he is not currently licensed. The order shall inform the person of the time, effective date, and duration of the suspension; of his right to a hearing as specified by this Code section; and that the suspension remains in effect pending such hearing. Suspension orders mailed under this subsection become effective on the fourth day after the order is deposited in the United States mail. If; within five working days of the effective date of the order, the person charged does not surrender his driver's license to the judicial officer or appear before the court to demonstrate that he is not currently licensed, the judicial officer shall immediately issue an order for the seizure of such person's driver's license. The order shall be issued and served in the same manner as specified in subsection (e) of this Code section for orders

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issued pursuant to that subsection. A suspension under this subsection shall commence at the date specified in the order and shall continue until the person's driver's license has been suspended for the period specified in this subsection, and until the paid the applicable costs. The period of suspension under this subsection JSK
(1) Ten days from the date the person surrenders his driver's license to the court if the surrender occurs within five working days of the effective date of the order;
(2) Ten days after the person appears before the judicial officer and demonstrates that he is not currently licensed to drive, if the appearance occurs within five working days of the effective date of the suspension; or
(3) Thirty days from the time:
(A) The person's driver's license is seized by a law enforcement officer following service of an order pursuant to this subsection;
(B) The person demonstrates to a law enforcement officer who has an order to seize his driver's license that he is not currently licensed;
(C) The person's driver's license is surrendered to the court if the surrender occurs more than five working days after the effective date of the suspension order;
or (D) The person appears before the judicial officer to demonstrate that he is not
currently licensed, if he appears more than five working days after the effective date
of the suspension order. When an order is issued for seizure of a driver's license, such order shall inform the person of the right to a hearing as specified in subsection (g) of this Code section and that the suspension remains in effect pending the hearing. An officer serving an order for seizure under this subsection shall return the order to the court indicating the date served or that service could not be effected. If the license was surrendered to the law enforcement officer, the officer shall deposit such license with the court within three days of its surrender.
(g) A person whose driver's license is suspended pursuant to this Code section may request in writing a hearing to contest the validity of the suspension. The request may be made to the judicial officer at the time of the person's initial appearance or within ten days of the effective date of the suspension and may specifically request that the hearing be conducted by a judge of the superior court. Unless a superior court judge is specifically requested, any judicial officer possessing the authority to hear the case may conduct the hearing. The suspension of the driver's license shall remain in effect pending the hearing, but such hearing shall be held within five working days if the hearing is before a superior court judge or within three working days if before any other judicial officer. The request for the hearing must specify the grounds upon which the validity of the suspension is challenged and the hearing shall be limited to the grounds specified in the request. A witness may submit his evidence by affidavit unless subpoenaed to appear. Any person who appears and testifies is subject to questioning by the judicial officer conducting the hearing, and the judicial officer may adjourn the hearing to seek additional evidence if he is not satisfied with the accuracy or completeness of the evidence. A person contesting the validity of the suspension of his driver's license may, but is not required to, testify in his own behalf. Unless contested by the person requesting the hearing, the judicial officer may accept as true any matter stated in the suspension report. In order to sustain a driver's license suspension, the judicial officer shall find by a preponderance of the evidence that the conditions set forth in subsection (c) of this Code section were met. At the conclusion of the hearing, the judicial officer shall enter an order either sustaining or rescinding the driver's license suspension. The judicial officer's findings are without prejudice to the person contesting the suspension and to any other potential party as to any other proceedings, civil or criminal, that may involve facts bearing upon the conditions in subsection (c) of this Code section considered by the judicial official. The decision of the judicial officer is final and may not be appealed. If the hearing is not held and completed within five working days of the written request for a hearing before a superior court judge, or within three working days before such other judicial officer, the judicial officer shall enter an order rescinding the suspension, unless the person contesting the suspension contributed to the delay in completing the

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hearing. If the person requesting the hearing fails to appear at the hearing or any rescheduling thereof after having been properly notified, he forfeits his right to a hearing and the license suspension shall continue in effect.
(h) Whenever the arresting law enforcement officer determines that a person charged under subsection (c) of this Code section cannot immediately be brought before a judicial officer or that a judicial officer is unavailable, such person shall be informed verbally and in writing that he or she may waive the right to be brought before a judicial officer and that upon such waiver the suspension of such person's driver's license pursuant to this Code section shall begin immediately. The arresting officer shall further inform such person of the right to request a hearing to contest the validity of the suspension of his or her driver's license as provided for in subsection (g) of this Code sec-
tion. (i) After the applicable period of suspension under this Code section, or if the judi-
cial officer orders the suspension rescinded, the person whose license was suspended may apply to the judicial officer for an order for the issuance of a temporary driving permit and the judicial officer shall issue this temporary permit based on this application. The court shall forward such order to the department within ten days of the issuance of such order. This temporary driving permit shall be valid until the expiration of 180 days, or until the person's driving privilege is suspended or revoked under any provision of this title. The Department of Public Safety, at its sole discretion, may delay the expiration date of the temporary driving permit, but in no event shall this delay extend beyond the date when such person's driving privilege is suspended or revoked under any provision of this title. The department shall by rules and regulations establish the conditions under which the expiration of the temporary permit may be delayed.
^e) j) (1) If the person is convicted of violating Code Section 40-6-391, the court shall, within ten days, forward the person's driver's license and the record of the disposition1 of the case to the Department of Public Safety. At this time, the court shall also require the person to surrender the temporary driving permit issued pursuant to subsection {te} (i) of this Code section.
(2) If the person is not convicted of violating Code Section 40-6-391, the court shall return the driver's license to the person, unless the person refused to submit to a blood alcohol test as required by Code Section 40-5-55. If the person refused to submit to such test, the driver's license shall be forwarded to the Department of Public Safety for disposition in accordance with Code Section 40-5-55 unless the person can show that he prevailed at a hearing which was held in accordance with subsection (d) of Code Section 40-5-55. (k) A suspension pursuant to this Code section suspends a person's privilege to drive in Georgia whatever the source of his authorization to drive. Suspensions under this Code section are independent of and run concurrently with any other revocation or suspension. No court imposing a period of suspension or revocation following conviction of an offense involving driving in an impaired condition may give credit for any period of suspension imposed pursuant to this Code section. (1) Unless the judicial officer or judge orders the suspension rescinded, a person whose driver's license is suspended under this Code section shall pay a fee to the Department of Public Safety of $5.00 for a temporary driving permit."
Section 5. Said title is further amended by striking subsection (a) of Code Section 40-5-68, relating to suspension of licenses for failure to complete a DUI alcohol or drug use risk reduction program, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The driver's license of any person whose plea of nolo contendere to a charge of violating Code Section 40-6-391 was accepted as provided in Code Section 40-6-391.1 but who fails to complete a First Offender DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources by the date specified in the court's order issued pursuant to Code Section 40-6-391.1 shall by operation of law be suspended on such date. Such license shall be suspended for a period of one year from such date. At any time after suspension begins, the person may apply to the Department of Public Safety for reinstatement of his driver's license. Such license shall be reinstated

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only if the person submits proof of completion of a Firat Offender DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a restoration fee of $35.00 or $25.00 when such reinstatement is processed by mail."
Section 6. Said title is further amended by striking in its entirety subsection (a) of Code Section 40-5-121, relating to driving while license is suspended or revoked, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Except when his license has been revoked as a habitual violator under Code Section 40-5-58, any person who drives a motor vehicle on any public highway of this state at a time when his privilege to do so is suspended, disqualified, or revoked shall be guilty of a misdemeanor for a first conviction thereof and, upon a first conviction thereof or plea of nolo contendere within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, shall be punished by imprisonment for not less than two days nor more than six months, and there may be imposed in addition thereto a fine of not mere less than $500.00 nor more than $1,000.00. For the second or subsequent conviction within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted, such person shall be guilty of a high and aggravated misdemeanor and shall be punished by imprisonment for not less than ten days nor more than 12 months and there may be imposed in addition thereto a fine of not mere less than $1,000.00 nor more than $2,500.00."
Section 7. Said title is further amended by striking subsection (a) of Code Section 40-6-391, relating to driving under the influence of alcohol or drugs, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) A person shall not drive or be in actual physical control of any moving vehicle while:
(1) Under the influence of alcohol to the extent that it is less safe for the person to drive;
(2) Under the influence of any drug to the extent that it is less safe for the person to drive;
(3) Under the combined influence of alcohol and any drug to the extent that it is less safe for the person to drive;
(4) The person's alcohol concentration is Ovl2 0.10 grams or more at any time within three hours after such driving or being in actual physical control from alcohol consumed before such driving or being in actual physical control ended; or
(5) Subject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in the person's blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether or not any alcohol is present in the person's breath or blood."
Section 8. Said title is further amended by striking in its entirety subsection (c) of Code Section 40-6-391, relating to the offense of driving under the influence of alcohol or drugs, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Every person convicted of violating this Code section shall, upon a second conviction thereof, be guilty of a misdemeanor and, upon a third or subsequent conviction thereof, be guilty of a high and aggravated misdemeanor and shall be punished as follows:
(1) First conviction with no conviction of and no plea of nolo contendere accepted to a charge of violating this Code section within the previous f4ve ten years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted:
(A) A fine of not less than $300.00 nor more than $1,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation; and

MONDAY, MARCH 11, 1991

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(B) A period of imprisonment of not less than ten days nor more than 12 months, which period of imprisonment may, at the sole discretion of the judge, be suspended, stayed, or probated; (2) For the second conviction within a five-year ten-year period of time, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted:
(A) A fine of not less than $600.00 nor more than $1,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation; and
(B) (i) A period of imprisonment of not less than 90 days nor more than 12 months. The judge, at his sole discretion and under such terms and conditions as he shall impose, may suspend, stay, or probate all but 48 hours of any term of imprisonment imposed under this paragraph.
(ii) The judge, at his sole discretion, may suspend, stay, or probate the minimum 48 hour term of imprisonment not subject to suspension, stay, or probation under division (i) of this subparagraph, provided that a condition of the suspension, stay, or probation of the minimum 48 hour term of imprisonment shall be that the defendant shall perform not less than 80 hours of community service; (3) For the third or subsequent conviction within a five-year ten-year period of time, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted: (A) A fine of not less than $1,000.00 and not more than $5,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation; and (B) (i) A mandatory period of imprisonment of not less than 120 days nor more than 12 months. The judge, at his sole discretion and under such terms and conditions as he shall impose, may suspend, stay, or probate all but ten days of any term of imprisonment imposed under this paragraph.
(ii) The judge, at his sole discretion, may suspend, stay, or probate the minimum ten-day term of imprisonment not subject to suspension, stay, or probation under division (i) of this subparagraph, provided that a condition of the suspension, stay, or probation of the minimum ten-day term of imprisonment shall be that the defendant shall perform not less than 30 days of community service; (4) For the purpose of imposing a sentence under this subsection, a plea of nolo contendere shall constitute a conviction."
Section 9. Said title is further amended by striking subsection (g) of said Code Section 40-6-391 in its entirety and inserting in lieu thereof a new (g) to read as follows:
"(g) (1) If the payment of the fine required under subsection (c) of this Code section will impose an economic hardship on the defendant, the judge, at his sole discretion, may order the defendant to pay such fine in installments and such order may be enforced through a contempt proceeding or a revocation of any probation otherwise authorized by this Code section.
(2) In the sole discretion of the judge, he may suspend up to one-half of the fine imposed under paragraph (3) of subsection (c) of this Code section for a third or subsequent conviction conditioned upon the defendant's undergoing an alcohol or drug treatment program approved by the court."
Section 10. Said title is further amended by adding at the end of said Code Section 40-6-391 two new subsections (j) and (k) to read as follows:
"(j) (1) The clerk of the court in which a person is convicted under subsection (c) of this Code section shall cause to be published a notice of conviction for each such person convicted. Such notices of conviction shall be published in the manner of legal notices in the legal organ of the county in which such person resides or, in the case of nonresidents, in the legal organ of the county in which the person was convicted.

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Such notice of conviction shall be one column wide by two inches long and shall contain the photograph, which shall be provided to the clerk by the sheriffs office, name, and address of the convicted person and the date, time, place of arrest, and disposition of the case and shall be published once in the legal organ of the appropriate county in the second week following such conviction or as soon thereafter as publication may be made. For purposes of this subsection, a plea of nolo contendere shall constitute a conviction.
(2) The convicted person for which a notice of conviction is published pursuant to this subsection shall be assessed $25.00 by the court for the cost of publication of such notice and such assessment shall be imposed at the time of conviction in addition to any other fine imposed pursuant to this Code section.
(3) The clerk of the court, the publisher of any legal organ which publishes a notice of conviction, and any other person involved in the publication of an erroneous notice of conviction shall be immune from civil or criminal liability for such erroneous publication, provided such publication was made in good faith. (k) A person under the age of 21 shall not drive or be in actual physical control of any moving vehicle while the person's alcohol concentration is 0.04 grams or more at any time within three hours after such driving or being in physical control from alcohol consumed before such driving or being in actual physical control ended. Every person convicted of violating this subsection shall be guilty of a misdemeanor for the first and second convictions and upon a third or subsequent conviction thereof be guilty of a high and aggravated misdemeanor and shall be punished and fined as provided in subsection (c) of this Code section."
Section 11. Said title is further amended by striking subsection (b) of Code Section 40-6-391.1, relating to entry of a plea of nolo contendere, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) If the defendant has not been convicted of or had a plea of nolo contendere accepted to a charge of violating Code Section 40-6-391 within the previous five years and if the plea of nolo contendere shall be used as provided in paragraph (1) of subsection (a) of Code Section 40-5-63, no such plea shall be accepted unless, at a minimum, the following conditions are met:
(1) The defendant's level of alcohol concentration was less than 0.17 grams at the time of arrest or within three hours after driving or being in actual physical control of a moving vehicle;
{1} (2) The defendant has filed a verified petition with the court requesting that such plea be accepted and setting forth the facts and special circumstances necessary to enable the judge to determine that accepting such plea is in the best interest of justice; and
{2} (3) The judge has reviewed the defendant's driving records that are on file with the Department of Public Safety."
Section 12. Said title is further amended by striking subsection (d) of Code Section 40-6-391.1, relating to entry of a plea of nolo contendere to a charge of driving under the influence, in its entirety and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) If a plea of nolo contendere is accepted as provided in subsection (b) of this Code section, the judge shall, as a part of the disposition of the case, order the defendant to attend and complete a Fst Offender DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources. The order shall stipulate that the defendant shall complete such program within 120 days and that the defendant shall submit satisfactory evidence of such completion to the Department of Public Safety and the court. The court shall also require the surrender of the driver's license and shall retain such license until submission of proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program. The defendant's driver's license shall be returned by the court immediately upon submission of proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program. The judge shall also notify the defendant that, if he fails to complete such program by the date specified in the court's order, his 120 day

MONDAY, MARCH 11, 1991

2039

driving permit shall be invalid and his driver's license shall be suspended, by operation of law, as provided in Code Section 40-5-68 and shall remain suspended until the defendant completes such program."
Section 13. Said title is further amended by striking subsections (b) and (c) of Code Section 40-6-392, relating to chemical tests for alcohol or drugs in blood, in their entirety and inserting in lieu thereof new subsections (b) and (c) to read as follows:
"(b) Except as provided in subsection (c) of this Code section, upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person in violation of Code Section 40-6-391, the amount of alcohol in the person's blood at the time alleged, as shown by chemical analysis of the person's blood, urine, breath, or other bodily substance, shall give rise to the following presumptions:
(1) If there was at that time an alcohol concentration of 0.05 grams or less, it shall be presumed that the person was not under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) of subsection (a) of Code Section 40-6-391;
(2) If there was at that time an alcohol concentration in excess of 0.05 grams but less than QrW 0.08 grams, such fact shall not give rise to any presumption that the person was or was not under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) of subsection (a) of Code Section 40-6-391, but such fact may be considered with other competent evidence in determining whether the person was under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) of subsection (a) of Code Section 40-6-391;
(3) If there was at that time an alcohol concentration of QM 0.08 grams or more, it shall be presumed that the person was under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) of subsection (a) of Code Section 40-6-391; and
(4) If there was at that time or within three hours after driving or being in actual physical control of a moving vehicle from alcohol consumed before such driving or being in actual physical control ended an alcohol concentration of 0vi3 0.10 or more grams, the person shall be in violation of paragraph (4) of subsection (a) of Code Section 40-6-391. (c) (1) In any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person in violation of subsection (i) of Code Section 40-6-391, if there was at that time or within three hours after driving or being in actual physical control of a moving vehicle from alcohol consumed before such driving or being in actual physical control ended an alcohol concentration of 0.04 grams or more in the person's blood, breath, or urine, the person shall be in violation of subsection (i) of Code Section 40-6-391.
(2) In any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person in violation of subsection (k) of Code Section 40-6-391, if there was at that time or within three hours after driving or being in actual physical control of a moving vehicle from alcohol consumed before such driving or being in actual physical control ended an alcohol concentration of 0.04 grams or more in the person's blood, breath, or urine, the person shall be in violation of subsection (k) of Code Section 40-6-391."
Section 14. Code Section 17-4-23 of the Official Code of Georgia Annotated, relating to procedure for arrests by citation for motor vehicle violations, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 17-4-23 to read as follows:
"17-4-23. (a) A Except as provided in Code Section 40-5-67, a law enforcement officer may arrest a person accused of violating any law or ordinance governing the operation, licensing, registration, maintenance, or inspection of motor vehicles by the issuance of a citation, provided the offense is committed in his presence or information constituting a basis for arrest concerning the operation of a motor vehicle was received by the arresting officer from a law enforcement officer observing the offense being committed, except that, where the offense results in an accident, an investigating officer may issue citations regardless of whether the offense occurred in the presence of a law enforcement officer. ^Phe arresting officer shall issue te such person a Any citation issued which shall

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enumerate the specific charges against the person and the date upon which the person is to appear and answer the charges. Whenever an arresting officer makes an arrest concerning the operation of a motor vehicle based on information received from another law enforcement officer who observed the offense being committed, the citation shall list the name of each officer and each must be present when the charges against the accused person are heard.
(b) If the accused person fails to appear as specified in the citation, the judicial officer having jurisdiction of the offense may issue a warrant ordering the apprehension of the person and commanding that he be brought before the court to answer the charge contained within the citation and the charge of his failure to appear as required. The person shall then be allowed to make a reasonable bond to appear on a given date before the court."
Section 15. All laws and parts of laws in conflict with this Act are repealed.

Representative Parham of the 105th moved that the House disagree to the Senate substitute to HB 63.
The motion prevailed.

HB 279. By Representatives Dunn of the 73rd, Pinkston of the 100th, Childers of the 15th, Groover of the 99th, Connell of the 87th and others:
A bill to amend Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance, so as to prohibit certain provisions relating to the utilization and reimbursement of out-of-state mail order pharmacies in group or blanket accident and sickness insurance policies or preferred provider arrangements under such policies.

The following Senate substitute was read:

A BILL
To amend Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance, so as to prohibit certain provisions requiring the utilization of mail-order pharmaceutical distributors in a group or blanket accident and sickness insurance policy, plan, contract, or fund; to provide a definition; to provide for explanations of reimbursement methods to be issued to insureds; to require a certain provision in a contract between a health care insurer and a mail-order pharmaceutical distributor regarding notice to insureds; to allow other providers of pharmaceutical services the opportunity to accept the terms and conditions of reimbursement applicable to mail-order pharmaceutical distributors; to provide for matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance, is amended by adding immediately following Code Section 33-30-4.2 a new Code section, to be designated Code Section 33-30-4.3, to read as follows:
"33-30-4.3. (a) For the purposes of this Code section, the term 'health care insurer' means an insurer, including a fraternal benefit society, a health care plan, a nonprofit medical service corporation, a nonprofit hospital service corporation, or a health maintenance organization authorized to sell accident and sickness insurance policies, subscriber certificates, or other contracts of accident and sickness insurance by whatever name called.
(b) A group or blanket accident and sickness insurance policy, plan, contract, or fund may not be issued, delivered, issued for delivery, or renewed by a health care insurer

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on or after July 1, 1991, if such policy, plan, contract, or fund requires that insureds thereunder obtain pharmaceutical services, including prescription drugs, exclusively from a mail-order pharmaceutical distributor. Insureds who do not utilize a mail-order pharmaceutical distributor shall not be required to pay a different copayment fee or have imposed any varying conditions for the receipt of pharmaceutical services, including prescription drugs, when that payment or condition is not imposed upon those insureds who utilize a mail-order pharmaceutical distributor for those services if the provider of pharmaceutical services utilized by the insured has agreed to the same terms and conditions as applicable to the mail-order pharmaceutical distributor and has agreed to accept reimbursement from the health care insurer at the same rate which would have been paid to the mail-order pharmaceutical distributor for the same pharmaceutical services.
(c) Any health care insurer who issues a group or blanket accident and sickness policy, plan, contract, or fund that provides coverage for pharmaceutical services, including prescription drugs, by a mail-order pharmaceutical distributor shall issue to each insured under such policy, plan, contract, or fund a detailed explanation of the reimbursement method applicable to mail-order pharmaceutical distributors as compared to other providers of pharmaceutical services.
(d) Any health care insurer who contracts with a mail-order pharmaceutical distributor to provide pharmaceutical services, including prescription drugs, under a group or blanket accident and sickness policy, plan, contract, or fund shall include in such contract a provision requiring the mail-order pharmaceutical distributor in its initial written correspondence with an insured to include a notice that the insured may obtain pharmaceutical services, including prescription drugs, from other providers of pharmaceutical services and that the exclusive utilization of the mail-order pharmaceutical distributor is not required.
(e) A provider of pharmaceutical services who desires to provide services to insureds in their service area shall, upon written request to the health care insurer, be provided information pertaining to the terms and conditions applicable to mail-order pharmaceutical services available in such service area. If the provider of pharmaceutical services agrees to the terms and conditions in writing, the provider of pharmaceutical services will be reimbursed at the same rate paid to the mail-order pharmacy distributor for the same pharmaceutical services."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Representative Dunn of the 73rd moved that the House disagree to the Senate substitute to HB 279.
The motion prevailed.
HR 285. By Representative Lane of the 27th:
A resolution creating the Airports Study Committee.
The following Senate substitute was read:

A RESOLUTION
Creating the Joint Georgia Airport Development Authority Study Committee; and for other purposes.
WHEREAS, proposed Senate Bill 244 and House Bill 525 both provide for the creation of a Georgia Airport Development Authority for the purpose of constructing, financing, operating, and developing air transportation projects within and without the State of Georgia; and
WHEREAS, the development and construction of airports contributes positively to the economic prosperity and promotes the general welfare of the state by creating a favorable climate for the location of new industry, trade, and commerce and aids in the development and expansion of existing industry, trade, and commerce in Georgia; and

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WHEREAS, the rapid growth in industrial, commercial, and residential populations of Georgia throughout the 1980's has resulted in a need for the development and construction of additional airports within the state; and
WHEREAS, the development and construction of such airports would have a significant impact on both the state as a whole and on those particular communities where airports would be developed and constructed; and
WHEREAS, an issue of such vital importance to the people of the State of Georgia deserves detailed study by the elected representatives of the people of this state and by other experts in the field in order to ensure that the creation of a Georgia Airport Development Authority would be in the best interest of the state.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Georgia Airport Development Authority Study Committee, to study the creation of the Georgia Airport Development Authority. The committee shall be composed of four members of the House of Representatives to be appointed by the Speaker of the House of Representatives, four members of the Senate to be appointed by the President of the Senate, and three members as follows: the commissioner of transportation or his designee, the commissioner of industry, trade, and tourism or his designee, and the director of the Atlanta Regional Commission or his designee. The Speaker of the House of Representatives and the President of the Senate shall each appoint a cochairman. The cochairman 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 mentioned above or related thereto and shall recommend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. All legislative 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 ten days unless additional days are authorized. The other members of the committee shall be reimbursed for actual and necessary expenses incurred by them in carrying out their duties from the funds of their respective departments or agencies. Except as otherwise provided in this resolution, the funds necessary to carry out the provisions of this resolution shall come from the funds of the legislative branch of government. The committee shall make a report of its findings and recommendations, with suggestions for proposed legislation, if any, on or before December 1, 1991. The committee shall stand abolished on December 31, 1991.

Representative Lane of the 27th moved that the House agree to the Senate substitute to HR 285.
On the motion, the roll call was ordered and the vote was as follows:

Abernathy Y Adams Y Aiken Y Alford Y Atkins
Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates
Beatty Y Benefield
Birdsong Y Blitch Y Bordeaux

Y Bostick Y Branch Y Breedlove Y Brooks Y Brown
Y Brush Y Buck Y Buckner Y Byrd Y Campbell
Canty Y Carrell Y Carter Y Chafin
Chambless Cheeks Y Childers

Y Clark.E Y Clark.H Y Clark.L Y Coker Y Coleman
Y Colwell Y Connell Y Culbreth Y Cummings.B
Cummings.M Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn

Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M
Y Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin
Groover Y Hamilton Y Hammond
Hanner

Y Harris,B Y Harris.J
Heard Y Henson Y Herbert
Hightower Holland Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore Y King

MONDAY, MARCH 11, 1991

2043

Y Kingston Y Klein YLadd Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson
YLee YLong YLord
Lucas Lupton YMann Martin Y McCoy Y McKelvey McKinney.B Y McKinney.C

Y Meadows
Y Merritt
Y Milam
Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C Oliver.M
YOrr Orrock
Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry

Pettit Pinholster Pinkston YPoag Y Porter Poston Powell.A Y Powell.C Y Purcell Randall
Ray Y Reaves
Redding Ricketson Y Royal Y Selman Y Sherrill
Y Simpson Y Sinkfield

On the motion, the ayes were 140, nays 0. The motion prevailed.

Y Skipper Y Smith,L Y Smith,P
Smith.T
Y Smith,W Y Smyre Y Snow
Y Stancil,F Y Stancil.S
Stanley Y Stephens Y Streat Y Taylor
Y Teper Y Thomas.C
Thomas.M Y Thomas.N Y Thurmond Y Titus

Y Tolbert Townsend
Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J
Walker.L Y Wall
Ware Y Watson
Watts White Y Wilder
Y Williams.B Y Williams,J Y Williams,R Y Yeargin
Murphy.Spkr

The following Resolution of the House was read and referred to the Committee on Rules:

HR 489. By Representatives Wilder of the 21st, Martin of the 26th, White of the 132nd, Holmes of the 28th, Dunn of the 73rd and others:
A resolution commending the Georgia State University basketball team on winning the Trans America Athletic Conference Tournament and inviting the members of the team and coach Bob Reinhart to appear before the House of Representatives.

The following Bill of the Senate was taken up for the purpose of considering the Senate substitute to the House substitute to SB 366:

SB 366. By Senator Thompson of the 33rd:
A bill to amend an Act creating the Cobb-Marietta Coliseum and Exhibit Hall Authority, as amended, so as to change the provisions regarding the appointment of members of the authority; to provide for terms of office; to provide for the filling of vacancies.

The following Senate substitute was read:

A BILL
To amend an Act creating the Cobb-Marietta Coliseum and Exhibit Hall Authority, approved March 26, 1980 (Ga. L. 1980, p. 4091), as amended, so as to change the provisions regarding the appointment of members of the authority; to provide for terms of office; to provide for the filling of vacancies; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the Cobb-Marietta Coliseum and Exhibit Hall Authority, approved March 26, 1980 (Ga. L. 1980, p. 4091), as amended, is amended by striking subsections (a) through (f) of Section 3 and inserting in their places new subsections (a) through (f) to read as follows:
"(a) The authority shall consist of seven members appointed from posts as follows:

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(1) The member representing Post 1 shall be the mayor of the City of Marietta who shall serve as a member of the authority during his tenure as mayor of the City of Marietta;
(2) The member representing Post 2 shall be the mayor of the City of Smyrna who shall serve as a member of the authority during his tenure as mayor of the City of Smyrna;
(3) The member representing Post 3 shall be appointed by the board of commissioners of Cobb County;
(4) The member representing Post 4 shall be appointed by the Cobb County Board of Parks and Recreation and shall be a resident of Cobb County at the time of such appointment and shall remain a resident throughout such term of office;
(5) The member representing Post 5 shall be the chairman of the board of commissioners of Cobb County who shall serve during his tenure as chairman of the board of commissioners of Cobb County; and
(6) The members representing Post 6 and Post 7 shall be appointed by a majority vote of the other five members of the authority. At least one of such appointed members shall be a resident of Cobb County at the time of such appointment and shall remain a resident throughout such term of office. Majority vote shall be defined in this paragraph as three of the five members of the authority appointed pursuant to this subsection. (b) The person serving as a member of the authority representing Post 3 on January 1, 1991, or such person's successor shall continue to so serve as a member of such authority until May 1, 1994, and until such person's successor is appointed and qualified. (c) The person serving as a member of the authority representing Post 4 on January 1. 1991, or such person's successor shall continue to serve in office until May 1, 1994, and until such person's successor is appointed and qualified. (d) Except as otherwise provided in this section, the members of the authority in office on January 1, 1991, or their successors, shall not serve out the remainder of the terms to which they were appointed but shall serve only until their successors are appointed and qualified as specified in this section. The members representing Posts 1, 2. and 5 shall take office on the effective date of this Act and the members representing Posts 6 and 7 shall be appointed and shall take office not later than 30 days after the effective date of this Act. The initial member appointed to Post 6 shall serve until May 1, 1996, and until his successor is appointed and qualified. The initial member appointed to Post 7 shall serve until May 1, 1994, and until his successor is appointed and qualified. Thereafter, the members from Posts 3, 4, 6, and 7 shall serve for terms of five years each and until their successors are appointed and qualified and shall take office on May 2 immediately following their appointment. The members representing Posts 1, 2, and 5, being the mayor of the City of Marietta, the mayor of the City of Smyrna, and the chairman of the board of commissioners of Cobb County, respectively, shall serve during the tenure of their respective offices or ex officio. (e) A vacancy on the authority shall be filled by the body which made the initial appointment for the post as provided in subsection (a) of this section. Any appointment to fill a vacancy shall be only for the remainder of the unexpired term of office. (f) Reserved."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Hammond of the 20th moved that the House agree to the Senate substitute to the House substitute to SB 366.
On the motion the ayes were 110, nays 0.
The motion prevailed.

The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto:

MONDAY, MARCH 11, 1991

2045

HB 269. By Representative Childers of the 15th:
A bill to amend Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, so as to change the provisions relating to certificates of birth for adoptees born outside the state; to change the provisions relating to new certificates of birth following adoption or legitimation.

The following Senate substitute was read:

A BILL
To amend Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, so as to change who certifies certain reports and certificates to county treasurers; to change the provisions relating to registration of births; to change the provisions relating to registration of delayed certificates of birth; to change when and by whom certificates of death and certain medical certifications must be filed, completed, signed, and returned; to change the provisions relating to certificates of birth for adoptees born outside the state; to change the provisions relating to permits for certain dispositions of a dead body or fetus; to change the provisions relating to amendments of certificates or reports; to change the provisions relating to certain listings of deaths in institutions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, is amended by striking subsection (a) of Code Section 31-10-8, relating to certifications to county treasurers of certain births and deaths, and inserting in its place a new subsection to read as follows:
"(a) The state local registrar shall certify to the treasurer of the county each month the number of birth and death certificates and spontaneous fetal death reports filed with the state office of vital records with respect to the treasurer's county and the amount due. Upon certification, any fees due shall be paid by the county treasurer out of the general fund of the county."
Section 2. Said chapter is further amended by striking Code Section 31-10-9, relating to registration of births, and inserting in its place a new Code Section to read as follows:
"31-10-9. (a) A certificate of birth for each live birth which occurs in this state shall be filed with the local registrar of the county in which the birth occurs within ten days after such birth and filed in accordance with this Code section and regulations of the department.
(b) When a birth occurs in an institution or enroute thereto, the person in charge of such institution or that person's designated representative shall obtain the personal data, prepare the birth certificate, secure the signatures required for the certificate, and file it with the local registrar. The physician in attendance shall certify to the facts of birth and provide the medical information required by the certificate within 72 hours after the birth occurs. If the physician in attendance does not certify to the facts of birth within the 72 hour period, the person in charge of the institution or that person's designated representative shall complete and sign the certificate.
(c) Except as provided in subsection (b) of this Code section, When when a birth occurs outside an institution, the certificate shall be prepared and filed by one of the following in the indicated order of priority:
(1) The physician or midwife in attendance at or immediately after the birth, or in the absence of such person;
(2) Any other person in attendance at or immediately after the birth, or in the absence of such a person;
(3) The father, the mother, or in the absence of the father and inability of the mother, the person in charge of the premises where the birth occurred. (d) When a birth occurs on a moving conveyance within the United States and the child is first removed from the conveyance in this state, the birth shall be registered in

2046

JOURNAL OF THE HOUSE,

this state and the place where it is first removed shall be considered the place of birth. When a birth occurs on a moving conveyance while in international waters or airspace or in a foreign country or its airspace and the child is first removed from the conveyance in this state, the birth shall be registered in this state but the certificate shall show the actual place of birth insofar as can be determined.
(e) The name of the natural father or putative father shall be entered on the certificate of live birth as follows:
(1) If the mother was married either at the time of conception or at the time of birth, the name of the husband shall be entered on the certificate as the father of the child unless paternity has been determined otherwise by a court having jurisdiction, in which case the name of the father as determined by the court shall be entered;
(2) If the mother is not married to the father at either the time of conception or at the time of birth, the name of the putative father shall not be entered on the certificate of birth without the written consent of the mother and the person to be named as father;
(3) In any case in which paternity of a child is determined by a court of competent jurisdiction, the name of the father and the surname of the child shall be entered on the certificate of birth in accordance with the finding and order of the court;
(4) If the father is not named on the certificate of birth, no other information about the father shall be entered on the certificate; or
(5) In all other cases, the surname of the child shall be the legal surname of the mother at the time of the birth. (f) The birth certificate of a child born to a married woman as a result of artificial insemination, with consent of her husband, shall be completed in accordance with the provisions of subsection (e) of this Code section. (g) Either of the parents of the child, or other informant, shall attest to the accuracy of the personal data entered on the certificate in time to permit the filing of the certificate within the ten days prescribed in subsection (a) of this Code section. \u) All DIPtti certiticfltes tiled dud registered must identity trie recorded person Dy
bols, ef ether such nonidcntifying date wiH be accepted. All birth certificates filed and registered must identify the recorded person by name and the name of each legal parent of such person and the name of all other persons required by this Code section or by regulation. No obscenities, numbers, symbols, or other such nonidentifying name information will be accepted. If a legal parent has not decided upon a name for the child before the time limits established in this Code section, the birth record shall be registered without the child's name unless a court order provides otherwise."
Section 3. Said chapter is further amended by striking Code Section 31-10-11, relating to delayed certificates of birth, and inserting in its place a new Code section to read as follows:
"31-10-11. (a) When a certificate of birth for of a person born in this state has not been filed en er before June 36 ef th yea* following the actual year ef- birth before that person's first birthday, a delayed certificate of birth may be filed in accordance with regulations of the department. The certificate shall be registered subject to such evidentiary requirements as the department shall by regulation prescribe to substantiate the alleged facts of birth.
(b) Delayed certificates Certificates of birth registered filed after June 36 ef th year following the date ef birth the first birthday shall be made on forms prescribed by the state registrar, marked 'Delayed,' and shall show on their face the date of the delayed registration.
(c) A summary statement of the evidence submitted in support of the delayed registration shall be endorsed on the delayed certificate of birth.
(d) When an applicant does not submit the minimum documentation required in the regulations for delayed registration or when the state registrar has reasonable cause to question the validity or adequacy of the applicant's sworn statement or the documentary evidence, and if the deficiencies are not corrected, the state registrar shall not register the delayed certificate of birth and shall advise the applicant in writing of the reasons

MONDAY, MARCH 11, 1991

2047

for this action and shall further advise the applicant of the applicant's right of judicial appeal.
(e) The department may by regulation provide for the dismissal of an application which is not actively prosecuted.
(f) No delayed certificate of birth shall be registered for a deceased person."
Section 4. Said chapter is further amended by striking subsection (f) of Code Section 31-10-13, relating to certificates of adoption, and inserting in its place a new subsection to read as follows:
"(f) This subsection The following shall apply to certificates of birth of adopted persons born in a foreign country?:
(1) The state registrar shall establish a certificate of birth for a person born in a foreign country when the state registrar receives a certificate of adoption and the child was not a United States citizen at birth. The certificate of adoption shall specify the actual place of birth which shall be shown as the place of birth on the birth certificate. The new birth certificate shall be prepared on a 'Certificate of Foreign Birth' as prescribed by the state registrar; and
(2) If a person was born in a foreign country and was a citizen of the United States at the time of birth, the state registrar shall not prepare a 'Certificate of Foreign Birth' and shall notify the adoptive parents of the procedure for obtaining a revised birth certificate for their child through the United States Department of State."
Section 5. Said chapter is further amended by striking subsections (a) and (c) of Code Section 31-10-15, relating to filing death certificates, and inserting in their respective places new subsections to read as follows:
"(a) A certificate of death for each death which occurs in this state shall be filed with the local registrar of the county in which the death occurred or the body was found within ^ hours five days after the death but prior to the final disposition or removal of the body from this state as follows:
(1) If the place of death is unkown unknown but the dead body is found in this state, the certificate of death shall be completed and filed in accordance with this Code section. The place where the body is found shall be shown as the place of death. If the date of death is unknown, it shall be the date the body was found and the certificate marked as such; or
(2) When death occurs in a moving conveyance in the United States and the body is first removed from the conveyance in this state, the death shall be registered in this state and the place where it is first removed shall be considered the place of death. When a death occurs on a moving conveyance while in international waters or airspace or in a foreign country or its airspace and the body is first removed from the conveyance in this state, the death shall be registered in this state but the certificate shall show the actual place of death insofar as can be determined." "(c) The medical certification as to the cause and circumstances of death shall be completed, signed, and returned to the funeral director or person acting as such within 48 72 hours after death by the physician in charge of the patient's care for the illness or condition which resulted in death, except when inquiry is required by the 'Georgia Post-mortem Examination Act.' In the absence of said physician or with that physician's approval the certificate may be completed and signed by an associate physician, the chief medical officer of the institution in which death occurred, or the physician who performed an autopsy upon the decedent, provided such individual has access to the medical history of the case, views the deceased at or after death, and death is due to natural causes."
Section 6. Said chapter is further amended by striking Code Section 31-10-20, relating to permits for burial, removal, and transit of dead bodies, and inserting in its place a new Code section to read as follows:
oi"j.L/-^u. \Si) l tic tunerftl director OF person flctin^ fts sucn OF person wno tirst
authorization for final disposition of the body. T-he physician er coroner when certifying the eawse of death afee shall authorize final disposition ef the body.

2048

JOURNAL OF THE HOUSE,

{te} The funeral directory or person acting as such; or other person who first assumes custody of a dead body or fetus shall obtain a disposition permit prior to cremation or removal from the state of the body or fetus ad within 72 hears after death. A disposition permit may be required within the state by local authorities.
{el (b) Such disposition permit shall be issued made available by the local registrar of the county where the death or fetal death occurred, or body or fetus was found, 24 hours a day, seven days a week a satisfactorily completed certificate ef death er fetal death is filed
{d} (c) A disposition permit issued under the law of another state which accompanies a dead body or fetus brought into this state shall be authority for final disposition of the body or fetus in this state.
\c/ jQCn person ift cnfip^c ot flny piftce lor liiicu disposition snAit include ift tne authorization the dte ef disposition and shall siga a*d i-etwn H authorizations te the lUnepfti director OP otiler person witnin ten dftys fitter trie dfltc of disposiHon. wneii tnepe is fto pepson ift en tpe ot tne pidce IOP tinsi disposition, tne lunep&i director of
person's files. {$ (d) Prior to final disposition of a dead fetus, irrespective of the duration of preg-
nancy, the funeral director or person acting as such, er other person, the person in charge of the institution, or other person assuming responsibility for final disposition of the fetus shall obtain from the parent(s) authorization for final disposition.
{g} (e) Disposition permits shall not be required where disposition of fetal remains is within the institution of occurrence and a registry of such events is maintained by the institution.
\ft/ witn tne consent ot tne ptiysicisn OP coroner wno is to certify tne cftuse~ ot defttftj d dccid oody mfty DC moved IPODCI tne piQce ot dedtn tor tne purpose of Deing ppcpftpCQ fer final disposition.
{i) (f) Authorization for disinterment and reinterment shall be required prior to disinterment of a dead body or fetus. Such authorization shall be issued by the local registrar to a licensed funeral director or other person acting as such, upon proper application in the county in which the dead body or dead fetus was originally interred and a local registrar who issues such authorization shall not be civilly or criminally liable therefor if it is issued in good faith.
\JT A dismterment "?eintcFinent permit shftii "be issued by the tocfli pe^istPflr ot vfte
perses acting as such upon application fifed m accordance with the rules and regulations promulgated df this Code section.
{fc) (g) The department shall prescribe rules and regulations so that the local registrars may permit hospitals, funeral homes, or others in their respective counties er in eat adjacent er nearby county to issue disposition permits."
Section 7. Said chapter is further amended by striking subsections (a) and (f) of Code Section 31-10-23, relating to amendments to certificates, and inserting in their respective places the following:
"(a) A Unless otherwise specified by law, a certificate or report registered under this chapter may be amended in accordance with this chapter and regulations adopted by the department to protect the integrity and accuracy of vital records. Such regulations shall specify the minimum evidence required for a change in any certificate or report. Amendments to birth and death certificates shall be completed by the department and a copy mailed to the proper local custodian. Amendments to applications for a marriage license or the license shall be completed by the judge of the probate court of the county in which the license was issued. An amendment to divorce reports shall be completed by the clerk of the superior court of the county in which the decree was granted."
"(f) An order from a superior court or probate court shall be required to change the year of birth^ shown on the original birth certificate by more than one year or to correct any item on a delayed birth certificate, or to remove the name of a father from a birth certificate on file. The person seeking such changej correction, or removal shall institute the proceeding by filing a petition with the appropriate court in the county of residence

MONDAY, MARCH 11, 1991

2049

for an order changing the year of birth, correcting a delayed birth certificate, or removing the name of the father from a birth certificate on file. Such petition shall set forth the reasons therefor and shall be accompanied by all available documentary evidence. The court shall set a date for hearing the petition and shall give the state registrar at least ten days' notice of said hearing. The state registrar or the authorized representative thereof may appear and testify in the proceeding. If the court from the evidence presented finds that such change, correction, or removal should be made, the judge shall issue an order setting out the change to be made and the date of the court's action. The clerk of such court shall forward the petition and order to the state registrar not later than the tenth day of the calendar month following the month in which said order was entered. Such order shall be registered by the state registrar and the change so ordered shall be made."
Section 8. Said chapter is further amended by striking subsection (b) of Code Section 31-10-29, relating to privileged disclosures, and inserting in its place a new subsection to read as follows:
"(b) Not later than the tenth day of the month following the month of occurrence, the administrator of each institution or that administrator's designated representative shall send to the local vital records registrar a list showing all deaths and fetal deaths occurring in that institution during the preceding month."
Section 9. All laws and parts of laws in conflict with this Act are repealed.

Representative Childers of the 15th moved that the House agree to the Senate substitute to HB 269.
On the motion, the roll call was ordered and the vote was as follows:

Abernathy Adams Y Aiken
Y Alford Y Atkins Y Baker
Y Balkcom YBarfoot
Bargeron Y Bamett,B Y Barnett,M Y Bates Y Beatty Y Benefield
Birdsong Y Blitch Y Bordeaux
Y Bostick Y Branch Y Breedlove Y Brooks
Brown Y Brush YBuck Y Buckner
Byrd Y Campbell Y Canty Y Carrell Y Carter Y Chafin Y Chambless
Y Cheeks Y Childers Y Clark,E Y Clark.H

Y Clark,L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B
Cummings,M Y Davis,G Y Davis,M Y Dixon.H Y Dixon.S YDobbs Y Dover
Dunn Edwards Y Elliott Y Felton Y Fennel Floyd,J.M Floyd,J.W YFlynt YGodbee Y Golden
Y Goodwin Y Green
Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Banner Y Harris.B Y Harris,J
Heard Y Henson

Y Herbert Y Hightower Y Holland Y Holmes
Howard Y Hudson Ylrwin
Y Jackson Jamieson
Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson YLee YLong
Lord Lucas Y Lupton YMann Martin Y McCoy Y McKelvey
Y McKinney,B Y McKinney.C Y Meadows Y Merritt YMilam
Mills

On the motion, the ayes were 148, nays 0. The motion prevailed.

Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry
Pettit Y Pinholster
Pinkston YPoag
Porter Y Postal Y Powell,A
Powell.C Y Purcell
Randall YRay
Y Reaves Y Redding
Ricketson Y Royal
Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L

Y Smith,P Smith.T
Y Smith.W Y Smyre YSnow Y StanciLF Y Stancil,S
Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas,M Y Thomas.N
Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker,L
Wall Ware
Y Watson Y Watts
Y White Y Wilder
Williams.B Y Williams,J
Williams.R Y Yeargin
Murphy.Spkr

2050

JOURNAL OF THE HOUSE,

Representative Mills of the 20th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

HB 5. By Representative Childers of the 15th:
A bill to amend Code Section 31-11-30 of the Official Code of Georgia Annotated, relating to license requirements for an ambulance service, so as to provide that no person shall make use of the word "ambulance" or otherwise hold oneself out to be an ambulance service without having a valid license.

The following Senate substitute was read:

A BILL
To amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to prevent certain persons from making use of the word "ambulance" or otherwise holding themselves out to be an ambulance service without having a valid license; to provide for penalties; to provide that paramedics and cardiac technicians shall be certified in advanced cardiac life support and provide for revocation and reinstatement of their certificates; to provide for applicability; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, is amended by striking Code Section 31-11-30, relating to license requirements for an ambulance service, and inserting in its place a new Code Section 31-11-30 to read as follows:
"31-11-30. (a) No person shall operate an ambulance service in this state without having a valid license or provisional license issued by the license officer pursuant to this chapter.
(b) No person shall make use of the word 'ambulance' to describe any ground transportation or facility or service associated therewith which such person provides or to otherwise hold oneself out to be an ambulance service unless such person has a valid license issued pursuant to the provisions of this chapter or is exempt from licensing under this chapter.
{fe} (c) Any person who violates the provisions of this Code section shall be guilty of a misdemeanor."
Section 2. Said chapter is further amended by adding at the end of Code Section 31-11-58, relating to recertification standards, a new subsection to read as follows:
"(h) In addition to the other requirements of this Code section, each paramedic and each cardiac technician, no later than December 31 of each year, shall furnish evidence satisfactory to the composite board that such person is currently certified in advanced cardiac life support; and, upon failure to do so, such person's certificate issued under this chapter shall be revoked under the procedures of Code Section 31-11-57. A certificate so revoked may be reinstated upon the holder's furnishing evidence satisfactory to the composite board that such person is currently certified in advanced cardiac life support."
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.

Representative Childers of the 15th moved that the House agree to the Senate substitute to HB 5.
On the motion, the roll call was ordered and the vote was as follows:

MONDAY, MARCH 11, 1991

2051

Abernathy Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Barnett,M Y Bates
Y Beatty Y Benefield
Birdsong
Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Y Brooks Y Brown
Y Brush YBuck Y Buckner
Byrd Y Campbell
Y Canty Y Carrell
Y Carter Y Chafin
Chambless Y Cheeks Y Childers Y Clark.E Y Clark.H

Y Clark,L Y Coker
Coleman Y Colwell
Y Connell Y Culbreth
Y Cummings.B Cummings,M
Y Davis.G Y Davis.M Y Dixon.H
Y Dixon.S Y Dobbs Y Dover
Dunn Edwards
Y Elliott Y Felton
Fennel
Floyd.J.M Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin Y Green Y Greene Griffin Y Groover Hamilton
Y Hammond Y Manner Y Harris,B
Y Harris.J Heard
Y Henson

Y Herbert Y Hightower
Holland Y Holmes
Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson
Lee YLong
Lord Lucas
Y Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills

On the motion, the ayes were 144, nays 0. The motion prevailed.

Y Mobley Moody
Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock
Y Padgett Y Parham Y Parrish Y Patten
Y Pelote Y Perry Y Pettit Y Pinholster
Pinks ton
YPoag Porter
Y Poston Y Powell,A
Powell.C Y Purcell
Randall Ray Y Reaves Redding Ricketson Y Royal Y Selman Y Shemll Y Simpson Y Sinkfield Y Skipper Y Smith.L

Y Smith.P Smith.T
Y Smith.W Y Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Ware
Y Watson Y Watts
White Y Wilder
Williams.B Y Williams,J
Williams.R Y Yeargin
Murphy,Spkr

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker: The Senate insists on its substitute to the following Bill of the House:

HB 285. By Representatives Murphy of the 18th, Coleman of the 118th, Walker of the 115th, Porter of the 119th, Jamieson of the llth and others:
A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 1991 and ending June 30, 1992.

The following Bills and Resolution of the House were taken up for the purpose of considering the Senate amendments or substitutes thereto:

HB 658. By Representative Alford of the 57th:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," so as to provide for the preparation, filing, availability, and public notice of the Authority's annual report and certain listings.

The following Senate amendment was read:

Amend HB 658 by adding immediately before the quotation marks on line 4 of page three the following:

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JOURNAL OF THE HOUSE,

"Such notice shall occupy at least one quarter of a full page in such newspaper."

Representative Alford of the 57th moved that the House agree to the Senate amendment to HB 658.
On the motion, the roll call was ordered and the vote was as follows:

Abernathy Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom YBarfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Chafm Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark,H

Y Clark,L Y Coker Y Coleman Y Colwell
Y Connell Y Culbreth Y Cummings,B
Cummings.M Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S YDobbs Y Dover
Dunn Y Edwards
Elliott Y Felton Y Fennel Y Floyd,J.M
Floyd.J.W Y Flynt
Y Godbee Y Golden Y Goodwin Y Green
Y Greene Y Griffin Y Groover Y Hamilton
Y Hammond Y Hanner Y Harris.B Y Harris.J
Heard Y Henson

Y Herbert Y Hightower
Y Holland Y Holmes
Howard Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd
Y Lane,D Y Lane,R Y Langford
Y Lawrence Y Lawson YLee
Long YLord Y Lucas
Y Lupton YMann
Y Martin Y McCoy
Y McKelvey Y McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills

Y Mobley Y Moody Y Morsberger Y Moultrie N Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston
YPoag Porter
Y Poston Y Powell.A Y Powell.C Y Purcell
Randall
YRay Y Reaves
Redding
Ricketson Y Royal
Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L

Y Smith.P Smith.T
Y Smith.W
Y Smyre YSnow Y Stancil.F
Y Stancil.S Y Stanley Y Stephens
Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas,N
Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall
Ware Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams,J Y Williams.R Y Yeargin
Murphy.Spkr

On the motion, the ayes were 158, nays 1. The motion prevailed.

HB 465. By Representatives Breedlove of the 60th, Jackson of the 9th, Lawson of the 9th, Beatty of the 12th and Wall of the 61st:
A bill to amend Code Section 13-10-1 of the Official Code of Georgia Annotated, relating to bonds or other security required for public works contracts, so as to provide for the forfeiture of a bid bond, proposal guaranty, or other security in certain cases involving bids by affiliated corporations.

The following Senate substitute was read:

A BILL
To amend Code Section 13-10-1 of the Official Code of Georgia Annotated, relating to bonds or other security required for public works contracts, so as to provide for the forfeiture of a bid bond, proposal guaranty, or other security in certain cases involving bids by affiliated corporations; to provide that any bid bond, performance bond, or payment bond required under said Code section shall be approved as to form and as to the solvency of the surety by the officer of the state, county, municipal corporation, or public board

MONDAY, MARCH 11, 1991

2053

or body who negotiates the contract on behalf of such public entity; to provide for a definition; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 13-10-1 of the Official Code of Georgia Annotated, relating to bonds or other security required for public works contracts, is amended by adding at the end thereof two new subsections, to be designated subsections (e) and (f), to read as follows:
"(e) (1) As used in this subsection the term 'affiliated corporation' means with respect to any corporation any other corporation related thereto: as a parent corporation; as a subsidiary corporation; as a sister corporation; by common ownership or control; or by control of one corporation by the other. For purposes of this subsection a corporation shall include a person or a company.
(2) In any case where two or more affiliated corporations bid for a contract under this Code section and any one or more of such affiliated corporations subsequently rescind or revoke their bid or bids in favor of another such affiliated corporation whose bid is for a higher amount and the contract is awarded at such higher amount to such other affiliated corporation, then the bid bond, proposal guaranty, or other security otherwise required under this Code section of each affiliated corporation rescinding or revoking its bid shall be forfeited. (f) Any bid bond, performance bond, or payment bond required by this Code section shall be approved as to form and as to the solvency of the surety by the officer of the state, county, municipal corporation, or public board or body who negotiates the contract on behalf of the public entity. Said approval shall be obtained prior to the bid being accepted."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Breedlove of the 60th moved that the House agree to the Senate substitute to HB 465.
On the motion, the roll call was ordered and the vote was as follows:

Abernathy Adams Y Aiken Y Alford
Y Atkins Y Baker Y Balkcom
Y Barfoot Bargeron Barnett.B
Y Barnett.M
Y Bates Y Beatty Y Benefield
Birdsong Y Blitch
Bordeaux Y Bostick Y Branch
Y Breedlove Y Brooks Y Brown
Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Chafm Y Chambless Y Cheeks

Y Childers Y Clark,E
Y Clark,H Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B
Cummings.M Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Edwards
Elliott Y Felton Y Fennel Y Floyd,J.M
Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover Y Hamilton

Y Hammond Y Banner Y Harris,B Y Harris,J Y Heard Y Henson Y Herbert Y Hightower Y Holland Y Holmes
Howard Hudson Y Irwin Y Jackson
Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D
Y Lane,R Y Langford Y Lawrence Y Lawson YLee
Long Lord Lucas Y Lupton YMann

Y Martin
Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley
Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter
Poston Y Powell,A Y Powell.C Y Purcell

Randall YRay Y Reaves
Redding
Ricketson Y Royal
Selman Y Sherrill Y Simpson
Sinkfield Y Skipper Y Smith.L Y Smith,?
Smith.T Y Smith.W Y Smyre YSnow
Y Stancil,F Y Stancil.S Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N
Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs

2054

JOURNAL OF THE HOUSE,

Y Valenti Y Vaughan YWalker,J

Y Walker.L Y Wall
Ware

Y Watson Watts White

Y Wilder Y Williams.B Y Williams,J

Y Williams.R Y Yeargin
Murphy.Spkr

On the motion, the ayes were 150, nays 0. The motion prevailed.

HR 19. By Representatives Smith of the 156th, Green of the 106th, Dixon of the 128th, Oliver of the 121st, Purcell of the 129th and others:
A resolution relating to wetlands.

The following Senate substitute was read:

A RESOLUTION
Creating the Wetlands Conservation Study Committee; and for other purposes.
WHEREAS, wetlands serve vital environmental functions in maintaining water quality, supporting fresh-water and marine wildlife and fisheries, and protecting property and lives against flood damage; and
WHEREAS, Georgia has some five million acres of wetlands, including over 600,000 acres of tidal marshlands along the Atlantic Coast; and
WHEREAS, preservation, protection, and restoration of wetlands is in the vital interest of the State of Georgia; and
WHEREAS, the state-wide planning and development legislation adopted by the General Assembly during the 1989 session includes requirements for considering wetlands in local comprehensive plans and mapping state wetlands, which is currently underway and which is expected to be completed by August, 1991; and
WHEREAS, the State of Georgia does not have a comprehensive wetlands program or clearly defined goals and policies for the protection of its fresh-water wetlands; and
WHEREAS, there exists a need to develop a strategy to coordinate existing regulatory and nonregulatory incentive programs and to initiate new efforts to safeguard adequately this resource and thereby protect the health, safety, and well-being of the public; and
WHEREAS, the definition and permitting of wetlands is carried out under Section 404 of the federal Clean Water Act, administered by the United States Army Corps of Engineers and the United States Environmental Protection Agency; and
WHEREAS, a new interpretive manual was adopted in 1989 by four federal agencies for application in delineating wetlands and reviewing permits under the Section 404 program; and
WHEREAS, there are costly delays associated with the delineation of wetlands and the review of permit applications, sometimes amounting to a year or more; and
WHEREAS, Section 404 of the federal Clean Water Act provides for wetlands mitigation by preserving, restoring, or creating wetlands in cases where jurisdictional wetlands are disturbed or destroyed under permitted activities; and
WHEREAS, wetlands are of the highest ecological value and irreplaceable damage through development of such wetlands should be prevented; however, certain individual wetlands areas perform relatively marginal or insignificant ecological functions, and their development should be allowed to proceed in a streamlined manner; and

MONDAY, MARCH 11, 1991

2055

WHEREAS, the State of Georgia will incur significant loss of land suitable for development, and local governments will suffer severe decreases in property taxes under the manual's definition of wetlands; and
WHEREAS, the rules and regulations implementing the federal wetlands program under the Clean Water Act are being revised, the effects of which on this state are not yet fully known and must be analyzed; and
WHEREAS, the state may desire to seek delegation of the federal wetlands program after sufficient study of costs and benefits.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Wetlands Conservation Study Committee, to be composed of three members of the House of Representatives to be appointed by the Speaker of the House of Representatives, one of whom shall be a coastal representative; three members of the Senate to be appointed by the President of the Senate, one of whom shall be a coastal senator; and members to be appointed by the Governor as follows: one representative of the Association County Commissioners of Georgia, one member of the Georgia Municipal Association, two representatives of environmental or conservation organizations, two representatives of the University System of Georgia, one who is an ecologist and one who is an economist, one representative of the development community, one representative of the agricultural or forestry community, and two members at large. The Governor shall designate one of his appointees as chairman. Administration and technical support shall be provided by the Department of Natural Resources.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than 10 days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds of the legislative branch of government. 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 31, 1991. The committee shall stand abolished on December 31, 1991.

Representative Smith of the 156th moved that the House agree to the Senate substitute to HR 19.
On the motion, the roll call was ordered and the vote was as follows:

Abernathy Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates
Y Beatty Y Benefield
Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove

Y Brooks Y Brown Y Brush Y Buck Y Buckner
Byrd Y Campbell
Canty Y Carrell Y Carter Y Chafin Y Chambless
Y Cheeks Y Childers
Y Clark.E Y Clark.H Y Clark.L Y Coker Y Coleman Y Colwell

Y Connell Y Culbreth Y Cummings.B
Cummings.M Davis.G Y Davis.M Y Dixon.H Dixon.S Y Dobbs Y Dover Dunn Y Edwards
Y Elliott Y Felton
Y Fennel Y Floyd,J.M
Floyd,J.W Flynt Y Godbee Y Golden

Y Goodwin Y Green Y Greene Y Griffin
Groover Y Hamilton Y Hammond Y Hanner Y Harris.B Y Harris.J Y Heard Y Henson
Y Herbert Y Hightower
Y Holland Y Holmes
Howard Y Hudson
Irwin Y Jackson

Y Jamieson Jenkins
Y Jones Y Kilgore Y King Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R Y Langford Y Lawrence
Y Lawson Y Lee
Long Lord Lucas Y Lupton Y Mann Y Martin

2056

JOURNAL OF THE HOUSE,

Y McCoy Y McKelvey
McKinney.B
Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr

Orrock
Y Padgett Y Parham Y Parrish
Y Patten Pelote
Y Perry Y Pettit Y Pinholster
Pinkston
YPoag Porter Poston
Y Powell,A Y Powell.C
Y Purcell

Randall
YRay Y Reaves
Redding Y Ricketson Y Royal
Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith,P
Smith.T Y Smith.W Y Smyre

On the motion, the ayes were 146, nays 0. The motion prevailed.

YSnow Stancil.F
Y Stancil,S
Y Stanley Y Stephens
Y Streat Y Taylor Y Teper
Y Thomas.C Thomas,M
Y Thomas.N Thurmond
Y Titus Y Tolbert Y Townsend Y Turnquest

Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall
Ware Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams,J Y Williams,R Y Yeargin
Murphy.Spkr

HB 149. By Representative Barnett of the 59th:
A bill to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road, so as to prohibit operation of a radio, stereo, or other sound-making device from a motor vehicle at a level that is audible at a distance of 100 feet or more.

The following Senate amendment was read:

Amend HB 149 by striking (2) Lines 22-24 page 1.
Representative Barnett of the 59th moved that the House agree to the Senate amendment to HB 149.
On the motion, the roll call was ordered and the vote was as follows:

Abernathy Adams Y Aiken
Y Alford Y Atkins Y Baker
Y Balkcom Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beatty Y Benefield
Birdsong N Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove N Brooks Y Brown Y Brush YBuck Y Buckner
YByrd Y Campbell
Canty Carrell Y Carter Y Chafin Y Chambless Y Cheeks

Childers Y Clark.E Y Clark.H Y Clark.L Y Coker
Y Coleman Y Colwell Y Connell
Y Culbreth N Cummings.B
Cummings,M Davis.G Y Davis.M N Dixon.H Y Dixon,S
Y Dobbs Dover Dunn Edwards
Y Elliott
Y Felton Y Fennel Y Floyd.J.M
Floyd,J.W Flynt Y Godbee Y Golden N Goodwin Y Green
Y Greene Y Griffin
Y Groover Y Hamilton

N Hammond N Hanner Y Harris.B
Y Harris,J Y Heard Y Henson Y Herbert N Hightower
Y Holland Y Holmes Y Howard Y Hudson N Irwin Y Jackson
Jamieson Y Jenkins N Jones Y Kilgore YKing Y Kingston Y Klein
YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee
Long YLord
Lucas Y Lupton YMann

N Martin Y McCoy Y McKelvey
McKinney.B N McKinney.C Y Meadows Y Merritt
Milam N Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston
YPoag Porter Poston
Y Powell.A
Y Powell.C Y Purcell

Randall
YRay Y Reaves Y Redding Y Ricketson Y Royal
Selman Y Sherrill Y Simpson N Sinkfield Y Skipper Y Smith.L Y Smith,?
Smith.T Smith.W Y Smyre YSnow Y Stancil,F
Y Stancil,S N Stanley N Stephens Y Streat Y Taylor N Teper Y Thomas.C Y Thomas.M N Thomas.N
Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs

MONDAY, MARCH 11, 1991

2057

N Valenti Y Vaughan Y Walker.J

Y Walker,L N Wall
Ware

Y Watson Y Watts Y White

Y Wilder Y Williams.B
Williams.J

Y Williams.R Y Yeargin
Murphy,Spkr

On the motion, the ayes were 130, nays 20. The motion prevailed.

HB 399. By Representatives Oliver of the 53rd, Felton of the 22nd, Sinkfield of the 37th, Herbert of the 76th, Selman of the 32nd and others:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children, so as to create the Georgia Child Care Council and provide for its duties and composition.

The following Senate substitute was read:

A BILL
To amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children, so as to create the Georgia Child Care Council and provide for its duties and composition; to provide for the council members' appointment, confirmation, qualifications, terms, removal, oaths, vacancies, and compensation; to provide for the organization, meetings, and quorum of the council; to provide for a director of the council and the duties thereof; to provide for funding and administrative matters; to provide 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. Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children, is amended by adding at the end a new article to read as follows:
"ARTICLE 11
49-5-240. As used in this article, the term: (1) 'Council' means the Georgia Child Care Council created pursuant to Code Sec-
tion 49-5-241. (2) 'Federal Act' means the 'Child Care and Development Block Grant Act of
1990,' pursuant to amendments to Chapter 8 of subtitle A of Title IV of the Omnibus Budget Reconciliation Act of 1981 (P.L. 97-35). 49-5-241. (a) There is created the Georgia Child Care Council which shall consist of 19 members. Thirteen of those members shall be voting members appointed by the Governor and confirmed by the Senate, and two shall be voting members appointed as provided in paragraph (10) of this subsection. The fifteen voting members shall be appointed as follows:
(1) Two members shall be representatives of local or state chambers of commerce; (2) One member shall be a representative of the licensed or commissioned for profit child care businesses in the state; (3) One member shall be a representative of the licensed or commissioned not for profit child care businesses in the state; (4) Four members shall be consumers of child care services or persons whose children are regularly placed in child care but who have no other business connection with any child care facility or business and at least one of them shall represent the interests of children with special needs and one shall represent the interests of school age children; (5) One member shall represent registered family day-care homes, as defined in Code Section 49-5-3;

2058

JOURNAL OF THE HOUSE,

(6) One member shall represent licensed or commissioned church or synagogue day-care centers;
(7) One member shall be an expert or have special academic or research responsibilities in early childhood development;
(8) One member shall represent a child care resource and referral agency; (9) One member shall represent a Head Start organization; and
(10) Two members shall represent the general public and shall be appointed by the President of the Senate and the Speaker of the House. The remaining four nonvoting members shall be the State School Superintendent, the Commissioner of Labor, the commissioner of human resources, and the commissioner of industry, trade, and tourism, or the designee of the School Superintendent, the Commissioner of Labor, the commissioner of human resources, and the commissioner of industry, trade, and tourism, all of whom shall be ex officio members.
(b) The ex officio members of the council shall serve while holding their state offices. The appointive members shall serve for a term which expires June 30, 1994.
(c) Vacancies in the office of any appointive member of the council shall be filled for the remainder of the unexpired term by appointment by the Governor in the same manner as the appointment to the position on the council which becomes vacant, and the appointment shall be submitted to the Senate for confirmation at the next regular session of the General Assembly.
(d) The Governor may remove any appointive member of the council for failure to
attend meetings, neglect of duty, or incompetence. (e) Any appointive member of the council who, during such person's term of office,
ceases to meet the qualifications for the original appointment or does not attend three
or more successive meetings of the council shall forfeit such person's membership on the
council. (f) Each member of the council shall take an oath of office before the Governor that
he or she will faithfully perform the duties of office. 49-5-242. (a) The Governor shall annually appoint a chairman and vice chairman of
the council to serve for one-year terms. (b) The council shall hold regular meetings at least once every calendar quarter and
may not hold more than six regular or special meetings during any calendar year. A special meeting may be called by the chairman or a majority of the members of the council.
The council shall meet at such times and at such designated places in the state as it may determine.
(c) Nine members of the council shall constitute a quorum.
(d) The appointive members of the council shall receive the same allowances authorized for legislative members of interim legislative committees for each day of actual
attendance at official meetings of the council. Ex officio members of the council shall receive no additional compensation for their services on the council but shall be reim-
bursed for expenses incurred by them in their performance of their duties as members of the council in the same manner as state employees are reimbursed for expenses.
49-5-243. There shall be a director of the council who shall be both appointed and removed by the council subject to approval by the Governor. Subject to the general pol-
icy established by the council, the director shall supervise, direct, account for, organize, plan, administer, and execute the functions of the council. The council shall be attached
to the Department of Human Resources for administrative purposes only, as provided in Code Section 50-4-3. Costs incurred by the council shall be funded by monies available under the federal act.
49-5-244. The council shall recommend measures to improve the quality, availability, and affordability of child care in this state. In addition, the council shall:
(1) Provide a mechanism for the planning and coordination of child care programs among the agencies of the state and local levels;
(2) Inventory and monitor the disbursement and make recommendations as to the coordination of the disbursement of all state and federal funding streams that impact the supply, quality, and affordability of child care;
(3) Develop an annual Georgia child care plan which includes all identified revenue sources and, at a minimum, the requirements indicated in the federal act;

MONDAY, MARCH 11, 1991

2059

(4) Develop an annual Georgia report on child care, reporting child care statistics, an evaluation of the state planning process, and at a minimum meeting the reporting requirements of the federal act;
(5) Hold at least one annual public hearing on child care needs; (6) Serve as the state clearing-house for information on child care resources and statistics; (7) Provide child care information to corporations and business seeking to locate in Georgia; (8) Promote public-private sector collaboration for child care; (9) Recommend to the Governor and to the General Assembly policies, legislation, and funding that will promote the work of the council and the realization of the Georgia child care plan to promote quality, affordable, and accessible child care for Georgia's children; (10) Develop requests for proposals, in accordance with the Georgia child care plan, for federal block grant funds available to Georgia under the federal act; (11) Promote consumer education to parents to help them select child care including the expansion of child care resource and referral agencies; and (12) Monitor, review, and recommend improvements to child care licensing requirements."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. This Act shall be automatically repealed July 1, 1994.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Oliver of the 53rd moved that the House agree to the Senate substitute to HB 399.
On the motion, the roll call was ordered and the vote was as follows:

Abernathy Adams Y Aiken Y Alford
Y Atkins Y Baker Y Balkcom Y Barfoot
Y Bargeron Y Barnett.B Y Barnett.M
Y Bates Y Beatty Y Benefield
Birdsong Y Blitch Y Bordeaux
Y Bostick Y Branch Y Breedlove Y Brooks Y Brown
Y Brush YBuck Y Buckner YByrd Y Campbell
Canty Y Carrell Y Carter Y Chafin Y Chambless Y Cheeks
Childers Y Clark.E Y Clark.H

Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B
Cummings.M Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S
Y Dobbs Y Dover
Dunn Edwards Y Elliott
Y Felton Y Fennel Y Floyd.J.M
Floyd.J.W Flynt Y Godbee Y Golden
Y Goodwin Y Green
Y Greene Y Griffin
Y Groover Y Hamilton Y Hammond Y Hanner Y Harris.B Y Harris.J Y Heard Y Henson

Y Herbert Y Hightower
Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong YLord
Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt
Milam Y Mills

Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag
Porter Y Poston Y Powell.A
Y Powell.C Y Purcell
Randall YRay Y Reaves
Redding Y Ricketson Y Royal
Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L

Y Smith,P Smith.T
Y Smith,W Y Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti
Vaughan Y Walker.J Y Walker.L Y Wall
Ware Y Watson Y Watts Y White Y Wilder Y Williams.B Y Williams,J Y Williams.R
Y Yeargin Murphy.Spkr

2060

JOURNAL OF THE HOUSE,

On the motion, the ayes were 158, nays 0. The motion prevailed.

HB 118. By Representatives Walker of the 115th, Groover of the 99th and Bostick of the 138th:
A bill to amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, the "Georgia Administrative Procedure Act," so as to provide that any document required to be received by or filed with any state agency shall be deemed to be received by or filed with such agency upon the date such document is actually received or upon the official postmark date such document is mailed, properly addressed with postage prepaid, by registered or certified mail.

The following Senate substitute was read:

A BILL
To amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, the "Georgia Administrative Procedure Act," so as to provide that any document required to be received by or filed with any state agency shall be deemed to be received by or filed with such agency upon the date such document is actually received or upon the official postmark date such document is mailed, properly addressed with postage prepaid, by registered or certified mail; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 13 of Title 50 of the Official Code of Georgia Annotated, the "Georgia Administrative Procedure Act," is amended by inserting at the end thereof a new Code Section 50-13-23 to read as follows:
"50-13-23. Notwithstanding any provision of law to the contrary, any document required by law, rule, or regulation to be received by or filed with any agency pursuant to the requirements of this chapter shall be deemed to be received by or filed with such agency on the earlier of: (1) the date such document is actually received by such agency; or (2) the official postmark date such document was mailed, properly addressed with postage prepaid, by registered or certified mail."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Walker of the 115th moved that the House agree to the Senate substitute to HB 118.
On the motion, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams YAiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett,M Y Bates
Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick

Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell
Canty Carrell Y Carter
Y Chafin Y Chambless Y Cheeks
Childers Y Clark.E Y Clark.H

Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth
Cummings.B Cummings.M Davis.G Y Davis.M Y Dixon.H Dixon.S
Dobbs Y Dover
Dunn Edwards Y Elliott Y Felton

Y Fennel Y Floyd,J.M
Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover Y Hamilton
Y Hammond Y Hanner Y Harris.B Y Harris,J Y Heard Y Henson

Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore
Y King Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R

MONDAY, MARCH 11, 1991

2061

Y Langford Y Lawrence Y Lawson
YLee YLong YLord Y Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt
Miiam Y Mills

Y Mobley Y Moody Y Morsberger
Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
YOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston

YPoag Porter Pos ton
Y Powell,A Y Powell.C Y Purcell
Randall
YRay Y Reaves
Redding Y Ricketson Y Royal
Selman Y Sherrill Y Simpson Y Sinkfield
Skipper Y Smith.L

On the motion, the ayes were 158, nays 0. The motion prevailed.

Y Smith.P Smith.T
Y Smith, W
Y Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert

Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall Y Ware Y Watson
Y Watts Y White Y Wilder Y Williams.B
Y Williams.J Y William9,R Y Yeargin
Murphy.Spkr

HB 245. By Representatives Jackson of the 9th, Parham of the 105th, Harris of the 84th and Barnett of the 10th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to comprehensively revise, reorganize, modernize, consolidate, and clarify the laws relative to registration and licensing and certificates of title for motor vehicles, drivers' licenses, equipment and inspection of motor vehicles, reporting of accidents, prosecution of traffic offenses, and the use of radar speed detection devices.

The following Senate amendments were read:

Senate Amendment No. 1
Amend HB 245 by inserting between lines 31 and 32 of page 46 the following:
"(27.1) By striking subsection (a) of Code Section 40-5-71, relating to procedures upon notice of insurance cancellation, which reads as follows:
'(a) In cases in which the minimum motor vehicle insurance required by Chapter 34 of Title 33 is canceled, the insurer, within 15 days after the effective date of the cancellation, shall notify the Department of Public Safety in the form specified by the department of such cancellation and the reason for such cancellation. In the event a canceled policy is reinstated by the insurer without a lapse in coverage and such reinstatement occurs after the insurer has notified the department of the cancellation, the insurer, within five days after the date the policy was reinstated, shall notify the department in the form specified by the department of such reinstatement. 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. For the purposes of this Code section, cancellation shall be defined by regulation of the department.',
and by inserting in lieu thereof a new subsection (a) to read as follows:
'(a) (1) In cases in which the minimum 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 Chapter 34

2062

JOURNAL OF THE HOUSE,

of Title 33, insurers shall furnish any insurance coverage information deemed necessary by the Department of Public Safety 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 Department of Insurance 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.'".

Senate Amendment No. 2

Amend HB 245 by inserting between lines 11 and 12 of page 1 the following:
"authorize the Board of Public Safety to establish fees for driver improvement clinic licenses and instructor's licenses; to provide for minimum fees; to provide that a surety bond must be maintained by a clinic as a condition of its license; to provide for standards and conditions of required surety bonds; to provide for renewal of clinic licenses and instructor licenses; to".
By inserting after "frequent violators." in line 22 of page 24 the following:
"In carrying out this purpose, the Department of Public Safety shall:
(1) Charge a fee for the consideration of applications for approval of driver improvement clinics and instructors. The amount of this fee shall be established by the Board of Public Safety and shall, as best as the board shall determine, approximate the expense incurred by the Department of Public Safety in consideration of an application. These licenses shall be valid for a period of two years unless suspended or revoked prior to the expiration of that time period; and
(2) Require, in addition to the criteria for approval of driver improvement clinics established by the commissioner of public safety, as provided in subsection (a) of Code Section 40-5-83, that every driver improvement clinic shall, as a condition of approval, provide a continuous surety company bond for the protection of the contractual rights of students in such form as will meet with the approval of the Department of Public Safety and written by a company authorized to do business in this state. The principal sum of the bond shall be established by the Board of Public Safety; however, in no event shall this amount be less than $2,500.00. If at any time said bond is not valid and in force, the license of the clinic shall be deemed suspended by operation of law until a valid surety company bond is again in force."

Representative Jackson of the 9th moved that the House disagree to the Senate amendments to HB 245.
The motion prevailed.

MONDAY, MARCH 11, 1991

2063

HB 413. By Representatives Dover of the llth, Godbee of the 110th and Royal of the 144th:
A bill to amend Article 5 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to current income tax payment, so as to change certain provisions regarding the filing of monthly and quarterly returns.

The following Senate substitute was read:

A BILL
To amend Article 5 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to current income tax payment, so as to change certain provisions regarding the filing of monthly and quarterly returns; to change certain provisions regarding quarterly adjustments for incorrect withholdings or payments; to change certain provisions regarding assessable penalties and interest; 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 5 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to current income tax payment, is amended by striking Code Section 48-7-103, relating to quarterly returns, which reads as follows:
"48-7-103. (a) Quarterly returns. (1) Every employer required to deduct and withhold any tax under this article and
every person who deducts and withholds any amount from any wage payments under the authority of this article shall:
(A) Make a calendar quarterly return to the commissioner on a form prescribed by the commissioner; and
(B) Pay with the required return the tax required to be paid under this article for the calendar quarter or pay the amount withheld from employees' wages during the calendar quarter under the authority of this article. (2) Except as otherwise provided in subsection (c) of this Code section, the quarterly return and the payment of the required tax shall be due on the last day of the month following the close of the calendar quarter. No calendar quarterly return shall be due and no tax owed or withheld shall be paid under this subsection for any or all of the first three calendar quarters of the calendar year until the tax required to be paid or the amount withheld from employees' wages for the calendar quarter or quarters equals or exceeds $50.00 or until the fourth calendar quarterly return is due, whichever occurs first. (b) Jeopardy returns. If the commissioner has reason to believe that the collection of the tax required to be paid under this article is in jeopardy for any reason, he may require the employer to make a return and pay the required tax at any time. (c) Payment of taxes withheld. If the monthly amount of taxes deducted and withheld or which should be deducted and withheld exceeds $200.00, the tax is due and shall be paid to the commissioner on the fifteenth day of the following month. Payments due on April 15, July 15, October 15, and January 15 shall be due on the last day of the month. (d) Estimated payments. The commissioner may permit employers to make estimated payments of taxes withheld. (e) Credits against liability on quarterly return. Amounts paid under subsections (c) and (d) of this Code section shall be included in the quarterly return for the calendar quarter which includes the month for which the payments are made and the payments shall be credited against the amount shown to be due on the quarterly return.", and inserting in its place a new Code Section 48-7-103 to read as follows: "48-7-103. (a) Quarterly returns. Every employer whose tax withheld or required to be withheld is $200.00 or less per month is required to file and remit payment to the

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JOURNAL OF THE HOUSE,

department on Form G-l on or before the last day of the month following the end of the quarter.
(b) Monthly returns. Every employer whose tax withheld or required to be withheld exceeds $200.00 per month is required to file and remit payment to the department on Form G-6 on or before the fifteenth day of the following month.
(c) Jeopardy returns. If the commissioner has reason to believe that the collection of the tax required to be paid under this article is in jeopardy for any reason, he may require the employer to make a return and pay the required tax at any time."
Section 2. Said article is further amended by striking Code Section 48-7-104, relating to quarterly adjustments, and inserting in its place a new Code Section 48-7-104 to read as follows:
"48-7-104. (a) In general. If for any reason during any quarter period of the calendar year more or less than the correct amount of the tax is withheld or more or less than the correct amount of the tax is paid to the commissioner, proper adjustment without interest may be made in any subsequent quarter period of the same calendar year. No adjustment under this Code section shall be made with respect to an underpayment for any quarter period after receipt from the commissioner of notice and demand for payment of the amount of the underpayment based upon an assessment. The amount of the underpayment shall be paid in accordance with the notice and demand. No adjustment under this Code section shall be made with respect to an erroneous payment or overpayment for any quarter period after the filing of a claim for refund of the payment.
(b) Less than correct amount of tax withheld. (1) If no tax or less than the correct amount of the tax is deducted from any wage
payment and the error is ascertained prior to the making filing of the quarterly return for the quarter period in which the wages are paid, the employer shall report on the return and pay to the commissioner the correct amount of the tax required to be withheld. If the error is not ascertained until after the making filing of the quarterly return for the quarter period in which the wages are paid, the undercollection may be corrected by an adjustment on the return for any subsequent quarter period of the same calendar year subject to the limitations noted in subsection (a) of this Code section. The amount of any undercollection adjusted in accordance with this paragraph shall be paid to the commissioner without interest at the time prescribed for payment of the tax for the quarter period in which the adjustment is made.
(2) If no tax or less than the correct amount of the tax is withheld from any wage payment, the employer may correct the error by deducting the amount of the undercollection from any remuneration of the employee under the employer's control after the employer ascertains the error. The deduction may be made even though the remuneration, for any reason, does not constitute wages. (c) More than correct amount of tax withheld.
(1) If in any quarter period more than the correct amount of tax is deducted from any wage payment, the overcollection may be paid to the employee in any quarter period of the same calendar year. If the amount of the overcollection is so paid, the employer shall obtain and keep as part of his records the endorsed canceled check or written receipt of the employee showing the date and amount of the payment.
(2) If any overcollection in any quarter period is paid to and receipted for by the employee prior to the time the quarterly return for the quarter period is filed with the commissioner, the amount of the overcollection shall not be included in the return for that quarter period.
(3) Subject to the limitations provided in subsection (a) of this Code section, if an overcollection in any quarter period is paid to and receipted for by the employee after the quarterly return for the quarter period is filed and the tax is paid to the commissioner, the overcollection may be corrected by an adjustment on the return for any subsequent quarter period of the same calendar year.
(4) Every overcollection not paid to and receipted for by the employee as provided in this subsection must be reported and paid to the commissioner with the quarterly return for the quarter period in which the overcollection is made."

MONDAY, MARCH 11, 1991

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Section 3. Said article is further amended by striking subsection (c) of Code Section 48-7-126, relating to assessable penalties and interest, and inserting in its place a new subsection (c) to read as follows:
"(c) Failure to file employer return or pay tax. If an employer fails to file within the prescribed time a return required under this article or fails to pay when due the tax required under this article, or both, unless it is shown that the failure is due to reasonable cause and not to willful neglect, there shall be added to the amount required te be shewn as tax e the return assessed a penalty of $25.00 against any employer for each such failure plus 5 percent of the amount of the tax if the failure is for not more than one month and an additional 5 percent for each additional month or fraction of a month during which the failure continues. The penalty shall not exceed $25.00 plus 25 percent in the aggregate of the tax and in no event shall the penalty be less than
(pO.UU. xR tflft CflSC Or IftllUPC tO 1116 t FGttlfll ftt fill OF W11GI1 RO t'ft2t US' frUQ, ft pCHflity Or
$6.00 shall be collected $25.00. If any check or money order in payment of any amount is not paid when duly presented for payment, it shall constitute a failure to pay under this subsection."
Section 4. This Act shall become effective January 1, 1992, and shall be applicable to all taxable years beginning on or after that date.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

Representative Dover of the llth moved that the House agree to the Senate substitute to HB 413.
On the motion, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom
Y Barfoot Y Bargeron Y Barnett.B
Y Barnett.M Y Bates
Y Beatty Y Benefield Y Birdsong Y Blitch
Y Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell
Canty Y Carrell Y Carter Y Chafin Y Chambless Y Cheeks
Childers Y Clark.E Y Clark.H

Y Clark.L Y Coker
Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B
Cummings.M Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Dunn Edwards
Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Fioyd,J.W Y Flynt YGodbee Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris,J
Heard Y Henson

Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson
Y Jenkins Y Jones Y Kilgore
YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford
Lawrence Y Lawson YLee YLong YLord Y Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows
Y Merritt Milam
Y Mills

On the motion, the ayes were 155, nays 0. The motion prevailed.

Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish Y Patten
Pelote Y Perry Y Pettit Y Pinholster
Pinkston
YPoag Porter
Y Poston
Y Powell,A Y Powell.C Y Purcell
Randall YRay Y Reaves
Redding Y Ricketson Y Royal
Selman Y Sherrill Y Simpson Y Sinkfield
Skipper Y Smith.L

Y Smith.P Smith.T
Y Smith.W
Y Smyre Y Snow Y Stancil.F
Y Stancil.S Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C
Thomas.M Y Thomas.N Y Thurroond Y Titus Y Tolbert Y Townsend Y Turnquest
Y Twiggs Y Valenti Y Vaughan
Y Walker.J Walker.L
Y Wall Ware
Y Watson Y Watts Y White Y Wilder Y Williams.B Y Williams.J Y Williams.R Y Yeargin
Murphy ,Spkr

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HB 133. By Representatives Parham of the 105th, Barnett of the 10th and Harris of the 84th:
A bill to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to records of the Department of Public Safety, so as to change certain provisions regarding access to certain motor vehicle records.

The following Senate amendment was read:

Amend HB 133 by adding on page 1 line 17 after the word accidents "to be used".

Representative Parham of the 105th moved that the House agree to the Senate amendment to HB 133.
On the motion, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux
Bostick Y Branch Y Breedlove Y Brooks
Brown Y Brush
YBuck Y Buckner YByrd Y Campbell
Canty Y Carrell Y Carter Y Chafin Y Chambless Y Cheeks
Childers Clark.E Y Clark.H

Y Clark,L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B
Cummings.M
Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden Goodwin Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris.J Y Heard Y Henson

Y Herbert Y Hightower Y Holland Y Holmes Y Howard
Y Hudson Y Irwin Y Jackson
Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee Y Long YLord
Lucas Y Lupton Y Mann Y Martin Y McCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills

On the motion, the ayes were 154, nays 0. The motion prevailed.

Y Mobley Y Moody
Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish
Y Patten Pelote
Y Perry Y Pettit Y Pinholster
Pinkston
YPoag Porter Poston
Y Powell,A
Y Powell.C Y Purcell
Randall
YRay Y Reaves Y Redding Y Ricketson Y Royal
Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L

Y Smith.P Smith.T
Y Smith.W Y Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley
Y Stephens Y Streat Y Taylor Y Teper
Y Thomas.C Thomas.M
Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J
Walker.L Y Wall
Ware Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams.J Y Williams.R Y Yeargin
Murphy ,Spkr

HB 646. By Representatives Parham of the 105th, Jackson of the 9th and Barnett of the 10th:
A bill to amend Code Section 10-1-651 of the Official Code of Georgia Annotated, relating to termination, cancellation, or nonrenewal of a motor vehicle franchise, so as to provide that the protections afforded to motor vehicle dealers shall be available to a motor vehicle distributor.

The following Senate substitute was read:

MONDAY, MARCH 11, 1991

2067

A BILL
To amend Article 22 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to motor vehicle franchises, so as to provide for warranty reimbursement to dealers; to provide that the protections afforded to motor vehicle dealers shall be available to a motor vehicle distributor; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 22 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to motor vehicle franchises, is amended by striking in its entirety paragraph (2) of subsection (a) of Code Section 10-1-641, relating to the requirement that the dealer's predelivery preparation, warranty service, and recall work obligations be provided in writing, which reads as follows:
"(2) In the determination of what constitutes reasonable compensation under this Code section, the principal factors to be considered shall be the prevailing wage rates being paid by dealers in the community in which the dealer is doing business. In no event shall the hourly labor rate paid to a dealer for such work and service be less than the rate charged by such dealer for like work and service to nonwarranty customers for nonwarranty service and repairs, provided such rate is not unreasonable.", and inserting in lieu thereof the following:
"(2) In the determination of what constitutes reasonable compensation for parts reimbursement and labor rates under this Code section, the principal factors to be considered shall be the retail price paid to dealers for parts and the prevailing hourly labor rates paid to dealers doing the repair, work, or service and to other dealers in the community in which the dealer doing the repair, work, or service is doing business for the same or similar repair, work, or service. However, in no event shall parts reimbursement paid to the dealer be less than the retail price for such parts being paid to such dealer by nonwarranty customers for nonwarranty parts replacement, and in no event shall the hourly labor rate paid to a dealer for such warranty repair, work, or service be less than the rate charged by such dealer for like repair, work, or service to nonwarranty customers for nonwarranty repair, work, or service."
Section 2. Said article is further amended by adding at the end of Code Section 10-1-651, relating to termination, cancellation, or nonrenewal of a motor vehicle franchise, a new subsection (j) to read as follows:
"(j) All procedures, protections, and remedies afforded to a motor vehicle dealer under this Code section shall be available to a motor vehicle distributor whose distributor agreement is terminated, canceled, not renewed, modified, or replaced by a manufacturer or an importer."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Parham of the 105th moved that the House agree to the Senate substitute to HB 646.
On the motion, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams N Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates
Y Beatty Y Benefield

Y Birdsong Y Blitch Y Bordeaux
Y Bostick Y Branch Y Breedlove
Brooks Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell Canty

Y Carrell Y Carter Y Chafin
Y Chambless Y Cheeks
Childers Y Clark.E Y Clark.H Y Clark,L Y Coker Y Coleman
Colwell Y Connell
Y Culbreth

Y Cummings.B Cummings.M Davis.G
N Davis.M
Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn
Edwards Y Elliott Y Felton Y Fennel Y FloydJ.M

Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin
Groover
Y Hamilton Y Hammond Y Hanner Y Harris.B Y Harris,J

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JOURNAL OF THE HOUSE,

Y Heard Y Henson Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson
Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein NLadd Y Lane.D Y Lane,R Y Langford Y Lawrence

Y Lawson YLee YLong YLord
Lucas Y Lupton YMann Y Martin YMcCoy Y McKelvey
McKinney.B
Y McKinney.C Y Meadows Y Merritt
Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie N Mueller Y Oliver.C

Y Oliver.M YOrr
Y Orrock Y Padgett Y Parham
Parrish
Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston
YPoag Porter
Y Poston Y Powell.A Y Powell.C Y Purcell
Randall YRay Y Reaves Y Redding

Y Ricketson Y Royal
Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith.P
Smith.T Y Smith, W Y Smyre
YSnow Y Stancil.F
Y Stancil.S Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C
Thomas,M

Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest
Twiggs Y Valenti Y Vaughan Y Walker,J
Walker.L Y Wall
Ware Y Watson Y Watts Y White Y Wilder Y Williams.B Y Williams,J Y Williams.R Y Yeargin
Murphy ,Spkr

On the motion, the ayes were 153, nays 4. The motion prevailed.

HB 210. By Representative Pettit of the 19th:
A bill to amend Code Section 50-25-6 of the Official Code of Georgia Annotated, relating to sales of files of public information by the GeorgiaNet Authority, so as to provide that the authority shall be authorized to receive data in electronic format from the public for the purpose of transmitting such data to the various departments, agencies, and institutions of the state.
The following Senate substitute was read:
A BILL
To amend Chapter 25 of Title 50 of the Official Code of Georgia Annotated, relating to the GeorgiaNet Authority, so as to provide that the executive director of the authority shall be appointed by the authority; to provide for the compensation of the executive director; to provide for continuing benefits and membership in the State Merit System of Personnel Administration for employees of the authority; to require the authority to transfer to the general fund of the state treasury any excess funds of the authority; to provide that the authority shall be authorized to receive data in electronic format from the public for the purpose of transmitting such data to the various departments, agencies, and institutions of the state; 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 25 of Title 50 of the Official Code of Georgia Annotated, relating to the GeorgiaNet Authority, is amended by striking in its entirety subsection (d) of Code Section 50-25-2, relating to the membership of the GeorgiaNet Authority, and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) The executive director shall be the administrative head of the authority. The executive director shall be appointed b^ the Governor, and his or her salary shall be set by the Governor. Such salary shall not exceed the salary of the Commissioner of Administrative Services. The commiaateRef ef administrative services executive director shall be the executive officer and director and administrative head of the authority. The commissioner ef administrative services stay appoint a person as assistant commissioner and delegate auch ef his powers a*tl duties te such assistant commissioner as he 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.

MONDAY, MARCH 11, 1991

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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."
Section 2. Said chapter is further amended by striking in its entirety Code Section 50-25-4, relating to the general powers of the GeorgiaNet Authority, and inserting in lieu thereof a new Code Section 50-25-4 to read as follows:
"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;
etctermiRC t Dy ttic ftutiiority to we tfi excess or tfiosc needed IOF wic corporfltc pur~ poses ot trie flutfloPItyj
{9} (8) 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;
4W) (9) 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."
Section 3. Said chapter is further amended by striking in its entirety Code Section 50-25-6, relating to sales of files of public information by the GeorgiaNet Authority, and inserting in lieu thereof a new Code section to read as follows:
"50-25-6. (a) The authority shall have exclusive authority to sell or execute license agreements on behalf of the executive branch of state government an entire file of public information in any electronic medium or format; provided, however, that nothing contained herein shall preclude any department, agency, board, bureau, commission, or authority from selling individual records maintained in electronic format or otherwise to

2070

JOURNAL OF THE HOUSE,

the public or other governmental agencies or entities or from selling or otherwise disseminating any data which the authority declines to sell; and the authority may likewise be authorized by the judicial and legislative branches to sell on their behalf entire files of public information.
(b) The authority shall be authorized to receive data in electronic format from members of the public for the purpose of transmitting such data electronically to various departments, agencies, and institutions of the state.
(c) All of the statutory restrictions on the confidentiality or use of any departmental data and all of the penalties for any violation thereof shall apply to the authority and its employees."
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

Representative Pettit of the 19th moved that the House disagree to the Senate substitute to HB 210.
The motion prevailed.

HB 272. By Representative Pettit of the 19th:
A bill to amend Chapter 11 of Title 25 of the Official Code of Georgia Annotated, known as the "Georgia Fire Sprinkler Act," so as to change the definition of the terms "fire protection sprinkler system" and "water-spray system"; to provide that the installation or repair of any underground facilities or piping which connects to and furnishes water for the fire protection sprinkler system or water-spray system shall be performed only by a utility contractor or fire protection sprinkler contractor.

The following Senate substitute was read:

A BILL
To amend Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fire and other hazards, so as to require that nursing homes be equippped with certain sprinkler systems; to amend Chapter 11 of Title 25 of the Official Code of Georgia Annotated, known as the "Georgia Fire Sprinkler Act," so as to provide that the installation or repair of any underground facilities or piping which connects to and furnishes water for the fire protection sprinkler system or water-spray system shall be performed only by a utility contractor, certified fire protection sprinkler contractor, or licensed plumber; to provide that under certain conditions a utility contractor performing such installation or repair of any underground facilities or piping which connects to and furnishes water for the fire protection sprinkler system or water-spray system shall be required to have a valid license issued under Chapter 14 of Title 43; to provide that the utility contractor shall be responsible for the installation of facilities which provide an adequate flow of water to the fire protection sprinkler system or water-spray system; 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 25 of the Official Code of Georgia Annotated, relating to regulation of fire and other hazards, is amended by adding at the end a new Code section to read as follows:
"25-2-41. On and after July 1, 1993, every institution classified as a nursing home by the Department of Human Resources pursuant to Article 1 of Chapter 7 of Title 31 shall be equipped with an automatic fire suppression sprinkler system which meets the standards therefor adopted by the Commissioner."

MONDAY, MARCH 11, 1991

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Section .2. Said chapter is further amended by adding a new Code Section 25-2-42 to read as follows:
"25-2-42. Any existing nursing home which is enrolled as a provider in the Medicaid program established under Title XIX of the federal Social Security Act of 1935, as amended, which installs a sprinkler system may be reimbursed by the Department of Medical Assistance for the reasonable costs of equipping the facility with a sprinkler system. Such reimbursement shall be made by the Department of Medical Assistance within a reasonable time after receipt of evidence that a sprinkler system has, in fact, been installed. The Department of Medical Assistance shall consider the size, location, and construction of a facility in determining whether the costs submitted by the nursing home provider are reasonable. Further, reimbursement to nursing home providers shall be calculated by a formula which apportions the reasonable costs of installing a sprinkler system between Medicaid recipients and other residents of the nursing home."
Section 1. Chapter 11 of Title 25 of the Official Code of Georgia Annotated, known as the "Georgia Fire Sprinkler Act," is amended by striking in its entirety Code Section 25-11-7, relating to proof of contractor's competency as requirement for license or building permit, and inserting in lieu thereof a new Code Section 25-11-7 to read as follows:
"25-11-7. (a) The installation or repair of any underground facilities or piping which connects to and furnishes water for the fire protection sprinkler system or waterspray system shall be performed only by a utility contractor, certified fire protection sprinkler contractor, or licensed plumber; provided, however, that after utility contractors are required to be licensed under Chapter 14 of Title 43, the utility contractor performing such installation or repair work shall be required to have a valid license issued under Chapter 14 of Title 43. The utility contractor shall be responsible for the installation of proper underground facilities and piping which provide an adequate flow of water from the fire protection water supply to the fire protection sprinkler system or water-spray system.
(a) (b) Before any local building official shall issue any license or building permit which authorizes the construction of any building or structure containing a fire protection sprinkler system or water-spray system, such local official shall require a copy of a valid certificate of competency from the fire protection sprinkler contractor. The fire protection sprinkler contractor shall be required to pay any fees normally imposed for local licenses or permits, but the local official shall impose no other requirements on the fire protection sprinkler contractor to prove competency other than proper evidence of a valid certificate of competency.
fb) (c) Nothing in this chapter limits the power of a municipality, county, or the state to require the submission and approval of plans and specifications or to regulate the quality and character of work performed by contractors through a system of permits, fees, and inspections otherwise authorized by law for the protection of the public health and safety."
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.
Representative Pettit of the 19th moved that the House disagree to the Senate substitute to HB 272.
The motion prevailed.

HB 224. By Representatives Pettit of the 19th, Holmes of the 28th and Dunn of the 73rd:
A bill to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of real estate brokers and salespersons, so as to revise certain educational requirements for real estate licenses; to revise the qualifications for the issuance of real estate licenses to nonresidents who are licensed in another state.

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The following Senate substitute was read:

A BILL
To amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of real estate brokers and salespersons, so as to revise certain educational requirements for real estate licensees; to revise certain qualifications for a broker's or associate broker's license; to revise the qualifications for the issuance of real estate licenses to nonresidents who are licensed in another state; to authorize the Georgia Real Estate Commission to enter into agreements with similar licensing authorities in other states; to provide for the revocation of a real estate license which is the subject of an investigation of the commission and is surrendered or allowed to lapse; to provide for hearings; to provide for the revocation of school or instructor approval of licensees; to provide the conditions under which a licensee who has been released from a broker may engage in business activities for another broker; to authorize the commission to revoke a real estate broker's license and simultaneously issue such person a salesperson's license; to provide for other 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. Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of real estate brokers and salespersons, is amended by striking Code Section 43-40-8, relating to the qualifications of real estate licensees, in its entirety and inserting in its place a new Code Section 43-40-8 to read as follows:
"43-40-8. (a) In order to qualify for a salesperson's licensej an applicant must: (1) Have attained the age of 18 years; (2) Be a resident of the State of Georgia, unless that person has fully complied
with the provisions of Code Section 43-40-9; (3) Be a high school graduate or the holder of a certificate of equivalency; (4) Furnish evidence of completion of at least 66 75 in-class hours in a
salesperson's course or courses of study approved by the commission; and (5) Stand and pass a real estate examination administered by or approved by the
commission covering generally the matters confronting real estate brokers and salespersons after completing at least 36 heats ef- the requirements of paragraph (4) of this subsection. Failure to meet any of these requirements shall be grounds for denial of license without a hearing. (b) In order to qualify for a broker or associate broker's license, an applicant must:
(1) Have attained the age of 21 years; (2) Be a resident of the State of Georgia, unless that person has fully complied with the provisions of Code Section 43-40-9; (3) Be a high school graduate or the holder of a certificate of equivalency; (4) Have served actively for three years as a licensed salesperson; (5) Furnish evidence of completion of 60 in-class hours in a broker's course of study approved by the commission; and (6) Stand and pass a real estate examination administered by or approved by the commission covering generally the matters confronting real estate brokers and salespersons after completing the requirements of paragraph (5) of this subsection and after serving at least two years of active licensure. Failure to meet any of the requirements shall be grounds for denial of license without a hearing. (c) Upon being issued an original salesperson's license, each salesperson shall be required to furnish the commission, within one year of the issuance of a license, evidence of satisfactory completion of a course of study of at least 36 25 in-class hours approved by the commission. As a part of satisfactory completion of this course, the licensee must stand and pass an examination covering the subject matter contained in the course. The

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commissionj in its discretion may approve an examination prepared by and administered by the school offering the course or may prepare and administer an examination itself. The license of any salesperson who fails to complete satisfactorily in a timely manner the course provided for in this subsection shall lapse, and the salesperson's wall certificate of licensure and pocket card shall immediately be surrendered to the commission. Any salesperson whose license lapses for failure to complete satisfactorily this course may reinstate the license in the following manner:
(1) Any salesperson who has enrolled in the course within one year of the issuance of an original license, has paid all required fees for the course, and:
(A) Has not completed all in-class sessionsj required exercisesj or examinations;
(B) Produces a medical doctor's certification of incapacitation which caused the licensee to be unable to complete all in-class sessions and the examination; or
(C) Has not completed the course or the examination due to cancellation of the course by the approved school may reinstate the license by completing the course within six months of the lapsing of the license. (2) Any salesperson who fails to reinstate a lapsed license as provided in paragraph (1) of this subsection must qualify as an original applicant by passing a new examination as required in subsection (a) of this Code section and must complete the Sates ffl eewse 25 in-class hours of instruction approved by the commission before making application to reinstate such license. (d) Except those individuals actively licensed on January 1, 1980, each applicant for renewal of an active license must furnish to the commission before renewing a license evidence of satisfactorily completing a continuing education course or courses approved by the commission. The length of the course or courses taken by licensees to meet this requirement of continuing education must total at least throe six hours for each year of the renewal period established by the commission. The commission shall not require the passing of an examination to meet this requirement. Continuing education courses will be provided by all educational or duly authorized instructional organizations teaching real estate licensing courses. No licensee whose license has been placed on inactive status shall be allowed to reactivate unless the provisions of this subsection and subsection (g) of Code Section 43-40-12 are met.
(e) Instructors in all of the approved courses must be approved by the commission and, where the commission deems necessary, receive any special instruction the commission may require.
(f) Failure to complete any of the educational requirements as provided in this Code section shall be grounds for denial of a license or denial of renewal of a license without further hearing. No fees or portion of fees paid shall be refunded if a licensee fails to meet the continuing education provisions of this chapter.
(g) The commission may prepare and distribute to licensees under this chapter educational material deemed of assistance in the conduct of their business.
(h) The commission, through its rules and regulations, shall establish standards for the offering by correspondence ef aW er any portion of the prelicense education courses required by this Code section chapter by methods of instruction, which it deems to be educationally sound, other than in-class instruction. The commission, through its rules and regulations, may establish standards for the offering of continuing education courses required by this chapter by methods of instruction, which it deems to be educationally sound, other than in-class instruction."
Section 2. Said chapter is further amended by striking Code Section 43-40-9, relating to nonresident real estate licenses, in its entirety and inserting in its place a new Code Section 43-40-9 to read as follows:
"43-40-9. (a) A nonresident making application fef nonresident license must comply with this Code section. Nonresidents A nonresident holding a license on June 36; 1987 July lj 1991, shall not be required to meet the preliccnse education and examinatien requirements of this Code section in order to continue to hold a license after that

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date unless they aHew such nonresident allows that license to lapse or apply applies for a different type of license that requires passing a different qualifying examination.
{b) A nonresident ef- this state may be granted a license upon meeting the age; edttcation, and examination requirements as prescribed fey the commission Code Section
^O ijQ Q
{e) A nonresident license may net be granted te tat individual unless that individual is affiliated with a resident er nonresident broker. If- a nonresident licensee terminates trie flt11iifl11on witft ft opoKep licensed Dy tne commission, tne license of sucn nonresident shall automatically be terminated unless such nonresident places the license e inactive stfttus or 8.IIHidtes witn snotnep DPOKCP licensed uy tne commission wrtnm x4 dsys. JNO
partner ef a nonresident partnership er corporation until said partnership or corporation CjUCLiiiies top ft Droiier s license. A nonresident corpoPfttion must oDt&in irom tne occpe~
{d) At the time ef filing a application for examination, a nonresident applicant must cause the licensing body ef the applicant's resident state er territory te furnish te the commission a certification ef liccnsurc and copies ef the records ef any diaciplinary actions taken against the applicant's license that er other states.
\G) 1 ne imposition of ft diseiplinftpy setion Dy tiny otrier iswtui licensing &utnoMty may be ground for denial ef a license te a nonresident er for suspension er revocation ef a license issued te a nonresident.
"\TT rpior to tne issuftnce of ft license to ft nonpcsident> tne &pp11c&nt snftii tide witn the commission a designation writing that appoints the commissioner te act as the
such licensee may be served. Service upon the commissioner shall be equivalent te personfti service upon tne licensee* Oopies of suen ftppointment* ccptitied uy tne commiS" sioneTj siiflii oe dccme r SXHiiclent evidence tftereot fliHi sns.il oe~ &dmitted ift evidenee

is served upon the commissieaer shall be ef the same legal force and validity as if- served upon tne licensee ftnd tnftt tne ftutnor11y snsii continue ffl topee so long fts &ny iifluiiity
eommissionep snftii immeQI&teiy m&ii ft copy or tne SB.me oy certitied m&H to tne <ftst known business address ef the licensee.
\7 rpiop to tne issusnce Or d license to ft nonresident licensee, tne &ppncfint sn&n writing to coopeFftte wicft sny invcsti^fttion initiQted m &CCOPdflucc witn
Section 43-40-27 by promptly supplying aay documents any authorized investigator ef the commission may request and by personally appearing at the commission's offices er
sion sends ft notice to produce documents 'O? to Qppe&p TOP &n interview witn &n flutno* rizcd investigator ef the commission by certified matt te the test known business address
the commission may impose en the nonresident licensee any disciplinary sanction permitted Dy tins cftftpiep.
{h) The license ef a resident ef this state whese residency is removed from this state shall automatically be terminated, fe erder te conduct brokerage business in this state, auch aft individual must meet the requirements ef this Code section, except that, if such individufli Applies for ft nonresident s license witnm one yeflr ot remov&i 01 residency frem tiris state, the prcliccnse education and examination requirements ef Code Section
qhflll Kr ii-QJYpfj
Notwithstanding any other provision ef this Code section, the commission and licensing Qutnonties of otnep st&tes mfly enter into written &Feements wtiicn provide IOP WSIVCPS of eduefltion pec[uiPements ftnd poptions of exsmin&tions it tne com"1
stantially equivalent te the requirements ef this chapter and its rules and regulations. However, applicants for nonresident liccnsurc must pass afl examination covering the provisions ef this chapter and ether real estate principles the commission deems appro priate for nonresidents.

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(b) The commission may grant a license to a nonresident of this state who is not licensed in such nonresident's state of residence if that applicant meets the age, education, and examination requirements prescribed in Code Section 43-40-8.
(c) In order to be licensed in this state, nonresidents who are licensed in another state must:
(1) Show satisfactory proof of current licensure in the applicant's state of residence;
(2) Pay any required fees;
(3) Sign a statement which states that the applicant has read this chapter and its rules and regulations and agrees to abide by its provisions in all brokerage activity in this state;
(4) Affiliate with a resident or nonresident broker if the applicant is an individual salesperson or associate broker. If a nonresident licensee terminates the affiliation with a broker licensed by the commission, the license of such nonresident shall automatically be terminated unless such nonresident places the license on inactive status or aff_il_ia_t_e_s w__i_th_ _a_n_o_t_h_e_r >roker licensed by the commission within 14 days. No license _shi_ be issued to any member, officer, independent contractor, employee, or partner of a nonresident partnership or corporation until said partnership or corporation qual-
ifies for a broker's license. A nonresident corporation must obtain from the proper agency and maintain a certificate of authority to transact business in this state;
(5) Cause the licensing body of the applicant's state of residence to furnish to the commission a certification of licensure and copies of the records of any disciplinary actions taken against the applicant's license in that or other states. The imposition of
a disciplinary action by any other lawful licensing authority may be grounds for denial of license to a nonresident or for suspension or revocation of a license issued to a nonresident;
(6) File with the commission a designation in writing that appoints the real estate commissioner to act as the licensee's agent, upon whom all judicial and other process
or legal notices directed to such licensee may be served. Service upon the real estate commissioner shall be equivalent to personal service upon the licensee. Copies of such
appointment, certified by the real estate commissioner, shall be deemed sufficient evidence thereof and shall be admitted in evidence with the same force and effect as the
original thereof might be admitted. In such written designation, the licensee shall agree that any lawful process against the licensee which is served upon the real estate
commissioner shall be of the same legal force and validity as if served upon the licensee, and that authority shall continue in force so long as any liability remains out-
standing in this state. Upon the receipt of any such process or notice, the real estate commissioner shall immediately mail a copy of the same by certified mail to the last known business address of the licensee; and
(7) Agree in writing to cooperate with any investigation initiated by the commis-
sion by promptly supplying any documents any authorized investigator of the commission may request and by personally appearing at the commission's offices or other location in this state as the commission's investigator may request. If the commission
sends a notice to produce documents or to appear for an interview with an authorized investigator of the commission by certified mail to the last known business address of a nonresident licensee and the nonresident licensee fails to comply with that request,
the commission may impose on the nonresident licensee any disciplinary sanction permitted by this law.
(d) The commission in its discretion may enter into written agreements with similar
licensing authorities of other states as may be necessitated by those states' laws to assure for Georgia licensees nonresident licensure opportunities comparable to those afforded to nonresidents by this Code section.
j) (e) Notwithstanding any other provision of this Code section, a licensed broker of another state may enter into a written agreement with a Georgia broker to conduct
the real estate brokerage business in Georgia without first obtaining a Georgia license. The Georgia broker shall be responsible for all real estate brokerage acts performed by the out-of-state broker under such written agreement and for determining that the out-
of-state broker has and maintains an active license in the out-of-state broker's state of

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residence. Whenever the commission determines that another state does not offer nonresident licensure to Georgia licensees with requirements substantially comparable to those afforded to licensees of that state by this Code section, the commission shall require licensees of such state who apply for nonresident licensure to meet education, experience, and examination requirements substantially comparable to those required by that state with respect to Georgia licensees who seek nonresident licensure. not to exceed such requirements as prescribed in Code Section 43-40-8. For purposes of this subsection, a 'licensed broker of another state' means the licensed broker and other brokers or salespersons licensed under such broker. The licensed Georgia broker and the licensed broker of another state must enter into a separate agreement for each transaction in which they become involved. The Georgia broker shall maintain for at least three years a copy of any written agreement into which such Georgia broker enters with a licensed broker of another state. Each written agreement shall provide:
(1) For procedures to be followed in the event of the out-of-state broker's perform-
ing any of the acts of a broker on real property located in Georgia; (2) How the brokers will divide any earned commissions; (3) That any listing or property management agreement for Georgia real property
in which the out-of-state broker will participate shall be in the name of the Georgia broker;
(4) That the out-of-state broker shall conduct negotiations with any client of a Georgia broker only with the express permission of the Georgia broker;
(5) That any advertisement by any means of Georgia real property shall identify the listing Georgia broker;
(6) That any contracts, agreements, or offers on Georgia real property shall clearly identify the Georgia broker and the out-of-state broker with the statement that the out-of-state broker is not licensed by the Georgia Real Estate Commissionj and that said contract, agreement, or offer shall be construed under Georgia Iaw2 and that the superior courts of this state shall have jurisdiction over any actions which may be brought against either broker as a result of such contract, agreement, or offer;
(7) That any trust funds obtained in any transaction involving any real property in Georgia by an out-of-state broker shall be held in the trust account of the Georgia broker unless agreed otherwise in writing by the party or parties having any interest in said trust funds; and
(8) Such other matters as the commission may require by rule and regulation. 4k-} (f) Whenever an out-of-state broker operating under a written agreement permitted by subsection {3} (ej of this Code section violates any provision of this chapter, for such violation by the out-of-state broker the commission shall be limited to suspending or revoking the Georgia broker's right to enter into such written agreements with out-of-state brokers unless the Georgia broker participated in or ratified the violation of the out-of-state broker or failed to include in such written agreement all provisions required by subsection {j} (e) of this Code section and the commission's rules and regulations. 41} (gj As used in this Code section, the term 'state' means any state, district, territory, possession, or province of the United States or Canada."
Section 3. Said chapter is further amended by striking subsections (f) and (g) of Code Section 43-40-12, relating to real estate license fees generally, and inserting in their respective places new subsections (f) and (g) to read as follows:
"(f) Any licensee whose license lapses for failure to pay a renewal fee may reinstate that license within two years of the date of its lapsing by paying the total amount of all renewal fees and late charges which would have been due during the period when the license was lapsed plus a reinstatement fee. If any licensee who has passed an examination administered by or approved by the commission allows a license to lapse for a period longer than two years and less than ten years due solely to a failure to pay a renewal fee, the licensee may reinstate that license by paying the total amount of all renewal fees and late charges which would have been due during the period when the license was lapsed plus a reinstatement fee and by successfully completing any educational course or courses which the commission may require. Any licensee whose license

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has lapsed for longer than two years and who reinstates it under the terms of this subsection shall thereafter be subject to the continuing education requirements of subsection (d) of Code Section 43-40-8. Any licensee whose license has lapsed for longer than ten years for failure to pay a renewal fee and who seeks to reinstate that license must meet the education and examination requirements for that license as set forth in subacctjen {a} ef <fe> ef Code Section 43-40-8.
(g) Any real estate broker who does not wish to be actively engaged in the brokerage business or any licensee who is temporarily not actively engaged on behalf of a broker may continue a license by making a written request within 14 days of ceasing work that the license be placed on inactive status. Any licensee whose license has been placed on an inactive status may not engage in the real estate brokerage business except in connection with property owned by the licensee. To reinstate a license held on inactive status, a licensee other than a broker must secure the signature of the broker for whom the licensee wishes to act; and a broker must make application to the commission prior to resuming brokerage activity. Any individual licensee who seeks to activate a license which has been on inactive status for a period of two years or longer shall be required to attend a commission approved course of study prior to activating an inactive license. The course of study shall consist of a commission approved education course or courses totaling at least three six hours for each year the license was on inactive status."
Section 4. Said chapter is further amended by striking subsection (g) of Code Section 43-40-15, relating to the granting, revocation, or suspension of real estate licenses, in its entirety and inserting in its place a new subsection (g) to read as follows:
"(g) if ft licensee Whenever the commission initiates an investigation as permitted by Code Section 43-40-27 to determine whether a licensee has violated any provision of this chapter or its rules and regulations and such licensee has:
(1) Voluntarily Surrendered or voluntarily surrenders his the license to the commission;
(2) Allows his Allowed or allows the license to lapse due to failure to meet educational requirements provided by law; or
(3) Allows his Allowed or allows the license to lapse due to failure to pay any required fees then if such surrender or lapsing takes place after the commission has filed a notice of hearing alleging that such licensee has violated any provision of this chapter or its rules and regulations, but before the commission enters a final order in the matter, then upon submission of a new application by such licensee the matters asserted in the notice of hearing shall be deemed admitted and may be used by the commission as grounds for refusal of a new license to such licensee. If such surrender or lapsing takes place prior to the commission's filing of a notice of hearing, but after the commission initiates an investigation as permitted by Code Section 43-40-27, then the commission may issue an order revoking such licensee's license. Such order of revocation shall be final ten days after it is issued unless the licensee named in the order requests a hearing before the commission. If such licensee requests a hearing, the commission shall file a notice of hearing and provide a hearing for such licensee in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'"
Section 5. Said chapter is further amended by adding at the end of Code Section 43-40-15, relating to the granting, revocation, or suspension of real estate licenses, a new subsection (j) to read as follows:
"(j) Whenever the commission revokes or suspends the license of a salesperson, an associate broker, or a broker, then any school or instructor approval which such licensee holds shall also be revoked or suspended. Whenever a licensee surrenders a real estate license as provided for in subsection (g) of this Code section, any school or instructor approval which such licensee holds shall also be subject to the provisions of subsection (g) of this Code section."
Section 6. Said chapter is further amended by striking subsection (b) of Code Section 43-40-19, relating to changes of a real estate broker's place of business, in its entirety and inserting in its place a new subsection (b) to read as follows:

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"(b) When an affiliated licensee leaves a broker for whom such licensee is acting, the broker shall immediately cause the license of that licensee to be forwarded either to the commission or to the new broker for whom the licensee will act. If the wall certificate of licensure is forwarded to the new broker for whom the licensee will act, the broker releasing the licensee shall notify the commission in writing of that action. The releasing broker shall furnish such other information regarding the termination of said licensee as the commission may require. Any licensee whose license is released by a broker shall not engage in the activities of a real estate licensee until the licensee:
(1) Personally delivers to the commission a commission approved application to transfer such licensee's license to a new broker or has the United States Postal Service postmark a letter containing such an application; or
(2) Receives from the commission a wall certificate of licensure authorizing the licensee to serve as the broker of a sole proprietorship or the qualifying broker of a corporation or partnership."
Section 7. Said chapter is further amended by striking the introductory language of subsection (a) of Code Section 43-40-25, relating to violations by real estate licensees, schools, and instructors generally, and inserting in its place new introductory language to read as follows:
"(a) In accordance with the hearing procedures established for contested cases by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' the commission shall have the power to reprimand licensees and approved schools or instructors; to revoke or suspend any license issued under this chapter; to revoke the license of a real estate broker or qualifying broker and simultaneously issue such licensee a salesperson's license; to revoke or suspend approval of any school or instructor; to impose a fine not to exceed $1,000.00 for each violation of this chapter or its rules and regulations with fines for multiple violations limited to $2,000.00 in any one hearing; to require completion of a course of study in real estate brokerage or instruction; to require the filing of periodic reports by an independent accountant on a real estate broker's designated trust account; or to utilize any combination of these sanctions which the commission may deem appropriate whenever a license, a school approval, or an instructor approval has been obtained by false or fraudulent representation or whenever a licensee, an approved school, or an approved instructor has been found guilty of a violation of this chapter, or of the rules and regulations promulgated by the commission, or of any unfair trade practices, including, but not limited to, the following:"
Section 8. (a) Except as provided in subsection (b) of this section, this Act shall become effective on July 1, 1991.
(b) Sections 1 and 3 of this Act shall become effective on January 1, 1992.
Section 9. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Pettit of the 19th moves to amend the Senate Committee on Governmental Operations substitute to HB 224 by striking lines 8 through 34 of page 11 and inserting in lieu thereof the following:
"(d) The commission in its discretion may enter into written agreements with similar licensing authorities of other states as may be necessitated by those states' laws to assure for Georgia licensees nonresident licensure opportunities comparable to those afforded to nonresidents by this Code section. Whenever the commission determines that another state does not offer nonresident licensure to Georgia licensees with requirements substantially comparable to those afforded to licensees of that state by this Code section, the commission shall require licensees of such state who apply for nonresident licensure to meet education, experience, and examination requirements substantially comparable to those required by that state with respect to Georgia licensees who seek

MONDAY, MARCH 11, 1991

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nonresident licensure, not to exceed such requirements as prescribed in Code Section 43-40-8.
{}) (e) Notwithstanding any other provision of this Code section, a licensed broker of another state may enter into a written agreement with a Georgia broker to conduct the real estate brokerage business in Georgia without first obtaining a Georgia license. The Georgia broker shall be responsible for all real estate brokerage acts performed by the out-of-state broker under such written agreement and for determining that the outof-state broker has and maintains an active license in the out-of-state broker's state of residence. For purposes of this".

Representative Pettit of the 19th moved that the House agree to the Senate substitute, as amended by the House, to HB 224.
On the motion, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker
Balkcom YBarfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks
Brown Y Brush YBuck Y Buckner
YByrd Y Campbell
Canty Y Carrell Y Carter YChafm
Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.H

Y Clark,L Y Coker Y Coleman
Y Colwell Y Connell Y Culbreth
Cummings,B Cummings.M Y Davis.G Y Davis,M Y Diion.H
Y Dixon,S Y Dobbs Y Dover YDunn
Y Edwards Y Elliott Y Felton Y Fennel
Floyd,J.M Y Floyd,J.W
YFlynt YGodbee Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Hanner Y Harris.B
Harris,J Y Heard Y Hmson

Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane,D YLane,R Y Langford Y Lawrence Y Lawson YLee YLong
YLord Lucas
Y Lupton YMann
Martin Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt YMilam YMUIs

Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish Y Patten
Y Pelote Y Perry
Pettit Y Pinholster
Pinkston YPoag
Porter Poston Y Powell,A Y Powell.C Y Purcell Randall YRay Y Reaves Y Redding Y Ricketson Y Royal Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith,L

Y Smith.P Smith.T
Y Smith, W
Y Smyre YSnow
Y Stancil.F Y Stancil.S Y Stanley Y Stephens Y Streat
Taylor Y Teper Y Thomas.C Y Thomas,M Y Thomas.N Y Thurmond Y Titus Y Tolbert
Townaend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall
Ware Y Watson
Y Watts White
Y Wilder Y Williams,B Y Williams,J Y Williams,R Y Yeargin
Murphy.Spkr

On the motion, the ayes were 157, nays 0. The motion prevailed.

HB 69. By Representatives Thomas of the 69th and Groover of the 99th:
A bill to amend Article 1 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to certiorari and appeals to appellate courts in general, so as to change the bill of costs in every case carried to the Supreme Court or to the Court of Appeals to $100.00.

The following Senate substitute was read:

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A BILL
To amend Article 1 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to certiorari and appeals to appellate courts in general, so as to change the bill of costs for application to the Supreme Court for writs of certiorari, for applications for appeals to the Supreme Court and the Court of Appeals, and for appeals to the Supreme Court or the Court of Appeals; to provide for payment of costs; 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. Article 1 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to certiorari and appeals to appellate courts in general, is amended by striking Code Section 5-6-4, relating to bills of costs of the Supreme Court and the Court of Appeals, which reads as follows:
"5-6-4. The bill of costs in every case carried to the Supreme Court or to the Court of Appeals and heard therein shall be $30.00. In every case carried to the courts and withdrawn or dismissed on or before the case is called for argument, the bill of costs shall be $20.00. Upon filing his original brief, counsel for appellant shall: (1) pay all costs due in the case; (2) file with his brief a statement that an affidavit of indigence has been duly filed; or (3) file with this brief his own affidavit that he was appointed to represent the defendant by the trial court because of the defendant's indigency. The clerk is prohibited from receiving the brief of the appellant unless the costs have been paid or a sufficient affidavit of indigence is contained in the record or filed with the brief.", in its entirety and inserting in lieu thereof the following:
"5-6-4. The bill of costs for every application to the Supreme Court for a writ of certiorari or for applications for appeals filed in the Supreme Court or the Court of Appeals or appeals to the Supreme Court or the Court of Appeals shall be $80.00. The costs shall be paid by counsel for the applicant or appellant at the time of the filing of the application or, in the case of direct appeals, at the time of the filing of the original brief of the appellant. In those cases in which the writ of certiorari or an application for appeal is granted, there shall be no additional costs. Costs shall not be required in those instances when at the time the same are due counsel for the applicant or appellant shall file a statement that an affidavit of indigence has been duly filed or file an affidavit that he or she was appointed to represent the defendant by the trial court because of the defendant's indigency. The clerk is prohibited from receiving the application for appeal or the brief of the appellant unless the costs have been paid or a sufficient affidavit of indigence is filed or contained in the record."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Thomas of the 69th moved that the House agree to the Senate substitute to HB 69.
On the motion, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker
Y Balkcom Barfoot Bargeron
Y Barnett.B
Y Barnett,M Bates
Y Beatty Y Benefield
Birdsong

Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks
Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell
Canty Y Carrell Y Carter

Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.H Y Clark.L Y Coker
Coleman Colwell Y Connell Y Culbreth Cummings.B Cummings.M Davis.G

Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt
Godbee Golden

Y Goodwin Green
Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Hanner Y Harris.B Y Harris,J Y Heard Y Henson Y Herbert Y Hightower Y Holland

MONDAY, MARCH 11, 1991

2081

Y Holmes Y Howard Y Hudson Ylrwin Y Jackson
Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein
YLadd YLane,D
Y Lane.R Y Langford
Lawrence Y Lawson YLee YLong YLord

Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock

Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag
Porter Poston Y Powell.A Y Powell.C Y Purcell Randall
YRay Y Reaves Y Redding Y Ricketson Y Royal

Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith.P
Smith.T Y Smith,W Y Smyre
Snow
Y Stancil.F Y Stancil,S Y Stanley Y Stephens
Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N

Y Thurmond Titus Tolbert Townsend
Y Turnquest Twiggs
Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall
Ware Y Watson Y Watts
White Y Wilder Y Williams.B
Williams,J Y Williams,R Y Yeargin
Murphy.Spkr

On the motion, the ayes were 145, nays 0. The motion prevailed.

HB 70. By Representatives Thomas of the 69th and Groover of the 99th:
A bill to amend Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to cases in which an application for an appeal is required, so as to change the provisions relating to appeals in actions for damages in which the judgement is less than a certain dollar amount.

The following Senate substitute was read:

A BILL
To amend Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to cases in which an application for an appeal is required, so as to change the provisions relating to appeals in actions for damages in which the judgment is less than a certain dollar amount; to provide that appeals in actions for damages in which the judgment is $5,000.00 or less shall be taken as provided in such Code section; to provide for applicability; 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 5-6-35 of the Official Code of Georgia Annotated, relating to cases in which an application for an appeal is required, is amended by striking paragraph (6) of subsection (a) and inserting in lieu thereof a new paragraph (6) to read as follows:
"(6) Appeals in all actions for damages in which the judgment is $2,600.00 $5,000.00 or less;".
Section 2. This Act shall apply to all appeals filed or presented for filing on or after July 1, 1991.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Thomas of the 69th moved that the House disagree to the Senate substitute to HB 70.
The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

2082

JOURNAL OF THE HOUSE,

HB 285. By Representatives Murphy of the 18th, Coleman of the 118th, Walker of the 115th, Porter of the 119th, Jamieson of the llth and others:
A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 1991 and ending June 30, 1992.

Representative Walker of the 115th moved that the House insist on its position in disagreeing to the Senate substitute to HB 285 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Walker of the 115th, Buck of the 95th and Coleman of the 118th.

The following Bills and Resolutions of the House were taken up for the purpose of considering the Senate amendments or substitutes thereto:

HB 261. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles in general, so as to provide for special license plates to commemorate the holding of the 1996 Olympic Games in the City of Atlanta and the State of Georgia.

The following Senate amendment was read:

Add to HB 261 the following: Line 16, after the comma following the word "law" add the following: "which fee shall be collected by the county tag agent at the time of collection of other registration fees and remitted to the state as provided in Code Section 40-2-34,".
Representative Porter of the 119th moved that the House agree to the Senate amendment to HB 261.
On the motion, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken
Y Alford Y Atkins Y Baker
Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield
Birdsong Y Blitch
Y Bordeaux Y Bostick

Y Branch Y Breedlove Y Brooks
Y Brown Y Brush Y Buck
Y Buckner Y Byrd Y Campbell
Canty Y Carrell Y Carter Y Chafin Y Chambless Y Cheeks Y Childers
Y Clark.E Y Clark.H

Y Clark.L Y Coker Y Coleman
Y Colwell Y Connell Y Culbreth
Y Cummings.B Curamings.M
Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn
Edwards
Y Elliott Y Felton

Y Fennel Y Floyd,J.M Y Floyd.J.W
Y Flynt Y Godbee Y Golden
Y Goodwin Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Hanner Y Harris.B Y Harris.J
Y Heard Y Henson

Y Herbert Y Hightower Y Holland
Y Holmes Y Howard Y Hudson
Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore Y King Y Kingston Y Klein Y Ladd
Y Lane.D Y Lane.R

MONDAY, MARCH 11, 1991

2083

Y Langford Y Lawrence Y Lawson YLee YLong YLord
Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt
Milam Y Mills

Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Parham
Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston

YPoag Porter
Y Poston Y Powell,A
Y Powell.C Y Purcell
Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith,L

Y Smith.P Smith.T
Y Smith.W Y Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Stephens Y Streat Y Taylor Y Teper
Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert

Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J
Walker.L Y Wall
Ware
Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams,J Y Williams,R Y Yeargin
Murphy.Spkr

On the motion, the ayes were 162, nays 0. The motion prevailed.

HB 268. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Hamilton of the 124th:
A bill to amend Chapter 7 of Title 28 of the Official Code of Georgia Annotated, relating to lobbying and representation by agents in the General Assembly, so as to require persons representing departments, boards, agencies, associations, commissions, councils, and other entities of state government to register with the Secretary of State.

The following Senate amendment was read:

Amend HB 268 by striking all the language from line 33 of page 3 and inserting in lieu thereof the following:
"information upon the specific request of a member of the General".
By striking on line 1 of page 4 the words "or to" and inserting in lieu thereof the following:

Representative Porter of the 119th moved that the House agree to the Senate amendment to HB 268.
On the motion, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcorn Y Barfoot
Bargeron Y Barnett.B Y Barnett.M
Y Bates Y Beatty Y Benefield
Birdsong Y Blitch
Bordeaux Y Bostick

Y Branch Y Breedlove
Brooks Y Brown
Brush YBuck Y Buckner YByrd
Y Campbell Canty
Y Carrell
Y Carter Y Chafm
Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark.H

Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B
Cummings,M Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover YDunn
Edwards
Y Elliott Y Felton

Y Fennel Y Floyd,J.M Y Floyd,J.W
Y Flynt Godbee
Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Banner Y Harris,B Y Harris,J Y Heard Y Henson

Y Herbert Y Hightower Y Holland Y Holmes
Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R

2084

JOURNAL OF THE HOUSE,

Y Langford Y Lawrence Y Lawson
YLee YLong YLord
Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Merritt
Milam Y Mills

Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten
Y Pelote Y Perry
Y Pettit Y Pinholster
Pinkston

YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Purcell
Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L

Y Smith.P Smith.T
Y Smith,W Y Smyre YSnow Y Stancil,F Y Stancil.S Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond YTitus Y Tolbert

Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J
Walker.L Y Wall
Ware Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams,J Y WilliamsJR Y Yeargin
Murphy.Spkr

On the motion, the ayes were 159, nays 0. The motion prevailed.

HB 173. By Representatives Lee of the 72nd, Groover of the 99th and Walker of the 115th:
A bill to amend Article 2 of Chapter 3 of Title 28 of the Official Code of Georgia Annotated, relating to the Secretary of the Senate and the Clerk of the House of Representatives, so as to change provisions relating to succession to the office of Clerk of the House.

The following Senate substitute was read:

A BILL
To amend Article 2 of Chapter 3 of Title 28 of the Official Code of Georgia Annotated, relating to the Secretary of the Senate and the Clerk of the House of Representatives, so as to change provisions relating to succession to the offices of Clerk of the House and Secretary of the Senate; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 3 of Title 28 of the Official Code of Georgia Annotated, relating to the Secretary of the Senate and the Clerk of the House of Representatives, is amended by striking Code Section 28-3-20 which reads as follows:
"28-3-20. There shall be a Secretary of the Senate and a Clerk of the House of Representatives, elected by the members of each house respectively by recorded vote; and a majority of votes cast is necessary to elect. Their terms of office shall be the time for which the members of the General Assembly are elected and until their successors are elected. In the event of a vacancy in the office of Clerk of the House of Representatives, the Speaker shall appoint a duly qualified person to fill such vacancy. The person so appointed shall serve for the remainder of the unexpired term. In the event of a vacancy in the office of Secretary of the Senate, the Assistant Secretary of the Senate shall serve as Secretary of the Senate until the next regular session.", and inserting in its place a new Code Section 28-3-20 to read as follows:
"28-3-20. (a) There shall be a Secretary of the Senate and a Clerk of the House of Representatives, elected by the members of each house respectively by recorded vote; and a majority of votes cast is necessary to elect. Their terms of office shall be the time for which the members of the General Assembly are elected and until their successors are elected.
(b) In the event of a vacancy in the office of Clerk of the House or the permanent disability of the Clerk of the House, the Speaker shall appoint a duly qualified person

MONDAY, MARCH 11, 1991

2085

to succeed to the office of Clerk of the House. Any question concerning the existence of permanent disability of the Clerk of the House shall be determined by the Speaker with the concurrence of a majority of the chairmen of the standing committees of the House. Any person succeeding to the office of Clerk of the House pursuant to this subsection shall serve for the remainder of the unexpired term.
(c) (1) In the event of a vacancy in the office of Secretary of the Senate while the Senate is not in session or the permanent disability of the Secretary of the Senate while the Senate is not in session, the President Pro Tempore of the Senate shall appoint a duly qualified person to succeed to the office of Secretary of the Senate. Any person succeeding to the office of Secretary of the Senate pursuant to this paragraph shall serve until the next session of the General Assembly, at which time the Senate shall elect a duly qualified person to serve for the remainder of the unexpired term, if any.
(2) In the event of a vacancy in the office of the Secretary of the Senate while the Senate is in session or the permanent disability of the Secretary of the Senate while the Senate is in session, the Senate shall elect a duly qualified person to serve for the remainder of the unexpired term.
(3) Any question concerning the existence of permanent disability of the Secretary of the Senate shall be determined by the President of the Senate with the concurrence of a majority of the chairmen of the standing committees of the Senate."
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.

Representative Lee of the 72nd moved that the House agree to the Senate substitute to HB 173.
On the motion, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett,M Y Bates Y Beatty Y Benefield
Birdsong Y Blitch
Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Y Brown
Brush YBuck Y Buckner
YByrd Y Campbell
Canty Y Carrell Y Carter Y Chafm Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark.H

Y Clark.L
Y Coker Y Coleman
Colwell Y Connell
Culbreth Y Cummings,B
Cummings,M Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott
Felton Y Fennel Y Floyd.J.M Y Floyd,J.W Y Flynt
Y Godbee Y Golden
Y Goodwin Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Hanner Y Harris.B Y Harris.J Y Heard Y Henson

Y Herbert Y Hightower Y Holland Y Holmes
Howard Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee Y Long YLord
Lucas Y Lupton Y Mann Y Martin Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills

Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orr Y Orrock
Y Padgett Y Parham Y Parrish
Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag
Porter Y Poston
Powell,A Y Powell.C Y Purcell
Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman
Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L

Y Smith.P Smith.T
Y Smith.W Y Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest
Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall
Ware
Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams,J Y Williams.R Y Yeargin
Murphy.Spkr

2086

JOURNAL OF THE HOUSE,

On the motion, the ayes were 157, nays 0. The motion prevailed.

HB 145. By Representatives Ware of the 77th, Dunn of the 73rd, Groover of the 99th, Griffin of the 6th, Ricketson of the 82nd and others:
A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of rates, underwriting rules, and related organizations, and Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," so as to relocate and redesignate certain provisions granting premium discounts to defensive drivers or drivers who are honor students.

The following Senate amendment was read:

Amend HB 145 by striking from lines 12 and 13 of page 1 the following: "the principal driver listed on the policy meets", and inserting in lieu thereof the following: "all named drivers listed on the policy meet". By striking from lines 7 and 13 of page 2 the following: "the principal driver", and inserting in lieu thereof the following: "all named drivers". By striking from line 10 of page 2 the following: "satisfies", and inserting in lieu thereof the following: "satisfy". By striking from lines 14 and 16 of page 2 the following: "Has", and inserting in lieu thereof the following: "Have".
By striking from line 18 of page 2 the following: "Completes", and inserting in lieu thereof the following: "Complete". By striking from lines 8 and 9 of page 3 the following: "the principal driver under such policy does", and inserting in lieu thereof the following: "all named drivers under such policy do". By striking from line 26 of page 5 the following: "judicially".

MONDAY, MARCH 11, 1991

2087

Representative Ware of the 77th moved that the House agree to the Senate amendment to HB 145.
On the motion, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom
Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M
Y Bates Y Beatty Y Benefield
Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Y Brown
Brush YBuck Y Buckner YByrd Y Campbell
Canty Y Carrell Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.H

Y Clark,L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B
Cummings,M Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott
Felton Y Fennel Y Floyd,J.M Y Flovd,J.W
YFlynt Godbee
Y Golden Y Goodwin
Y Green Y Greene Y Griffin Y Groover
Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris,J Y Heard Y Henson

Y Herbert Y Hightower Y Holland Y Holmes
Howard Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing
Y Kingston Y Klein
YLadd Y Lane,D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam
Y Mills

On the motion, the ayes were 157, nays 0. The motion prevailed.

Y Mobley Y Moody Y Morsberger
Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock
Y Padgett Y Parham Y Parrish
Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinks ton
YPoag Porter Poston
Y Powell.A Powell.C
Y Purcell Randall
YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L

Y Smith,? Smith.T
Y Smith.W Y Smyre YSnow Y Stancil.F Y Stancil,S Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert
Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall
Ware Y Watson
Y Watts White
Y Wilder Y Williams,B
Williams,J Williams.R Y Yeargin Murphy.Spkr

HR 80. By Representatives Colwell of the 4th and Twiggs of the 4th:
A resolution authorizing the grant of a nonexclusive easement for the construction, operation, and maintenance of an underground audio transmission cable in, on, over, under, upon, across, or through property owned by the State of Georgia in Fannin County and Gilmer County, Georgia.

The following Senate substitute was read:

A RESOLUTION
Authorizing the grant of a nonexclusive easement for the construction, operation, and maintenance of an underground audio transmission cable in, on, over, under, upon, across, or through property owned by the State of Georgia in Fannin County and Gilmer County, Georgia; authorizing the conveyance of an estate for years in certain real property owned by the Georgia Building Authority (Hospital) in Chatham County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS: (1) The State of Georgia is the owner of certain real property being formerly the CSX Railroad right of way running from White Path, Gilmer County, to Blue Ridge, Fannin County, which is in the custody of the State Properties Commission;

2088

JOURNAL OF THE HOUSE,

(2) Blue Ridge Telephone Company desires to operate and maintain an underground audio transmission cable system in, on, over, under, upon, across, or through a certain portion of Fannin and Gilmer counties;
(3) A portion of this system must pass through the above-described state owned property and would be beneficial to the public interest; and
(4) A three-year revocable license has been granted to Blue Ridge Telephone Company by the State Properties Commission for the purposes set forth in this resolution; and
WHEREAS: (1) The Georgia Building Authority (Hospital) is the owner of real property consisting of 108.52 acres and constituting the grounds of the Georgia Regional Hospital in Chatham County, Georgia, which real property was conveyed by the City of Savannah to the State of Georgia in June of 1967 for the purpose of establishing a mental health hospital and hereinafter is referred to as "the premises"; (2) A 30 acre parcel of the premises is currently used by the City of Savannah for recreation programs, which real property, hereinafter referred to as "the parcel", is more fully described as follows: Commencing at the intersection of the west right-of-way line of Meridian Road (Sallie Mood Road) (a 100 foot right-of-way) with the north right-of-way line of Eisenhower Drive (a 100 foot right-of-way); thence south 01 degree 03 seconds east, along said right-of-way a distance of 954.85 feet to a monument; thence south 72 degrees 50 seconds east a distance of 1260.30 feet to a monument on the east right-of-way line of Casey Canal (a 100 foot right-of-way); thence northerly along the east right-of-way line of Casey Canal to the south right-of-way line of Eisenhower Drive; thence west along the south right-of-way line of Eisenhower Drive to the POINT OF COMMENCEMENT; (3) In order to obtain federal funding to construct a recreation complex on the parcel, the City of Savannah, Georgia, desires to lease the 30 acre parcel; and (4) The premises are in the possession of the Department of Human Resources of the State of Georgia by rental agreement with the Georgia Building Authority (Hospital) and constitute grounds of its Georgia Regional Hospital-Savannah.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I
Section 1. (a) That the State of Georgia is the owner of the hereinafter described real property in Gilmer County and Fannin County, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
(b) That the State of Georgia, acting by and through its State Properties Commission, may grant to Blue Ridge Telephone Company or its successors and assigns a nonexclusive easement for the construction, operation, and maintenance of an underground audio transmission cable in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, operating, maintaining, repairing, and replacing an underground audio transmission cable, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Fannin and Gilmer counties, Georgia, being generally described as follows:
All of a portion of those certain tracts of land situate, lying and being in Fannin County and Gilmer County, Georgia, and being more particularly described as a portion of the CSX Railroad Valuation Map No. V46/8-13 (said tract or property shall be more particularly described by a plat of survey obtained by Blue Ridge Telephone Company and presented to the State Properties Commission for approval).
(c) That the above-described premises shall be used solely for the purpose of installing, maintaining, repairing, replacing, inspecting, and operating said underground audio transmission cable.

MONDAY, MARCH 11, 1991

2089

(d) That Blue Ridge Telephone Company shall have the right to remove or cause to be removed from said easement areas only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said underground audio transmission cable.
(e) That, after Blue Ridge Telephone Company has put into use the underground audio transmission cable for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia or its successors and assigns of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Blue Ridge Telephone Company or its successors and assigns shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia or its successors and assigns.
(f) That no title shall be conveyed to Blue Ridge Telephone Company, and, except as herein specifically granted to Blue Ridge Telephone Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Blue Ridge Telephone Company.
(g) That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated in order to avoid interference with the state's use or intended use of the easement area, Blue Ridge Telephone Company shall remove or relocate its facilities at its sole cost and expense.
(h) That the easement granted to Blue Ridge Telephone Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
(i) That the consideration for such easement shall be for the fair market value but not less than $650.00 and upon such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
(j) That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
(k) That the grant of easement shall be recorded by the Grantee in the Superior Court of Fannin and Gilmer counties and a recorded copy shall be forwarded to the State Properties Commission.
(1) That the authorization in this article to grant the above-described easement to Blue Ridge Telephone Company shall expire three years after the date that this resolution becomes effective.
ARTICLE II
Section 2. (a) That the premises are owned by Georgia Building Authority (Hospital).
(b) That the Georgia Building Authority (Hospital) is authorized to convey or let to the City of Savannah an estate for years or usufruct in the parcel with a term not to exceed 50 years. Permission to use the adjacent driveways or other means of ingress and egress may also be given by easement appurtenant, license or otherwise. The estate for years or usufruct shall be for the purpose of constructing a recreation complex for the City of Savannah and shall be on such other terms and conditions as the Authority may decide, consistent with the purposes of this resolution.
ARTICLE III
Section 3. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. That all laws and parts of laws in conflict with this resolution are repealed.

2090

JOURNAL OF THE HOUSE,

Representative Colwell of the 4th moved that the House agree to the Senate substitute to HR 80.
On the motion, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken
Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron
Barnett,B Y Barnett.M
Y Bates Y Beatty Y Benefield
Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Y Brown
Brush YBuck Y Buckner YByrd Y Campbell
Canty Y Carrell Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark,H

Y Clark,L Y Coker Y Coleman
Colwell Y Connell Y Culbreth Y Cummings,B
Cummings,M Y Davis.G Y Davis.M
Y Dixon,H Y Dixon,S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott
Felton Y Fennel Y Floyd,J.M Y Floyd,J.W YFlynt Y Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Banner Y Harris.B Y Harris,J Y Heard Y Henson

Y Herbert Y Hightower Y Holland Y Holmes
Howard
Y Hudson Y Irwin
Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong YLord
Lucas
Y Lupton YMann
Y Martin Y McCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills

Y Mobley Y Moody
Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
YOrr Y Orrock
Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag
Porter Poston Y Powell.A Y Powell.C Y Purcell Randall YRay Y Reaves Redding Y Ricketson Y Royal
Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L

Y Smith.P Smith.T
Y Smith, W Y Smyre YSnow Y Stancil.F Y Stancil.S
Y Stanley Y Stephens
Y Streat Y Taylor Y Teper
Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert
Townsend Y Turnquest
Twiggs Y Valenti Y Vaughan
Y Walker,J Y Walker.L
Y Wall Y Ware Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams,J Y Williams.R Y Yeargin
Murphy.Spkr

On the motion, the ayes were 157, nays 0. The motion prevailed.

HR 73. By Representatives Coleman of the 118th and Colwell of the 4th:
A resolution authorizing the granting of a nonexclusive easement for operation and maintenance of a sanitary sewer line in, on, over, under, upon, across, or through property owned by the State of Georgia in Dodge County, Georgia.

The following Senate substitute was read:
A RESOLUTION
Authorizing the granting of a nonexclusive easement for operation and maintenance of a sanitary sewer line in, on, over, under, upon, across, or through property owned by the State of Georgia in Dodge County, Georgia; authorizing the granting of a nonexclusive easement for operation and maintenance of a natural gas line in, on, over, under, upon, across, or through property owned by the State of Georgia in Calhoun County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS: (1) The State of Georgia is the owner of certain real property located in Dodge County, Georgia, which is in the custody of the Department of Corrections, utilized as the Eastman Youth Facility;

MONDAY, MARCH 11, 1991

2091

(2) The City of Eastman, Dodge County, desires to construct, operate, and maintain a sanitary sewer line in, on, over, under, upon, across, or through a portion of said property;
(3) The Department of Corrections agrees with the granting of this easement to the City of Eastman, Dodge County, for the above-described purposes;
(4) This sanitary sewer line in, on, over, under, upon, across, or through the abovedescribed state owned property would be beneficial to the State of Georgia; and
(5) A three-year revocable license has been granted to the City of Eastman, Dodge County, by the State Properties Commission for the purposes set forth in this resolution; and
WHEREAS: (1) The State of Georgia is the owner of certain real property located in Calhoun County, Georgia, which is in the custody of the Department of Corrections, utilized as the Calhoun Correctional Institution; (2) The City of Edison, Calhoun County, desires to construct, operate, and maintain a natural gas line in, on, over, under, upon, across, or through a portion of said property; (3) The Department of Corrections agrees with the granting of this easement to the City of Edison, Calhoun County, for the above-described purposes; (4) This natural gas line in, on, over, under, upon, across, or through the above-described state owned property would be beneficial to the State of Georgia; and (5) A three-year revocable license has been granted to the City of Edison, Calhoun County, by the State Properties Commission for the purposes set forth in this resolution.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I
Section 1. (a) That the State of Georgia is the owner of the hereinafter described real property in Dodge County, hereinafter referred to as the "easement area," and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
(b) That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Eastman, Dodge County, or its successors and assigns a nonexclusive easement for the construction, operation, and maintenance of a sanitary sewer line in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, operating, maintaining, repairing, and replacing a sanitary sewer line, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Land Lots 305 and 306, District 16 of Dodge County, Georgia, and is more particularly described as follows:
That portion and that portion only as shown on a plat entitled "City of Eastman, Dodge County" on property in the custody of the Department of Corrections, which plat was prepared by Walter P. Copeland, Georgia Registered Land Surveyor No. 2271. This plat indicating the easement area is on file in the office of the State Properties Commission.
(c) That the above-described premises shall be used solely for the purpose of installing, maintaining, repairing, replacing, inspecting, and operating said sanitary sewer line.
(d) That, after the City of Eastman, Dodge County, has put into use the sanitary sewer line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia or its successors and assigns of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the City of Eastman, Dodge County, or its successors and assigns shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia or its successors and assigns.
(e) That no title shall be conveyed to the City of Eastman, Dodge County, and, except as herein specifically granted to the City of Eastman, Dodge County, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which

2092

JOURNAL OF THE HOUSE,

may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Eastman, Dodge County.
(f) That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated in order to avoid interference with the state's use or intended use of the easement area, the City of Eastman, Dodge County, shall remove or relocate its facilities at its sole cost and expense.
(g) That the easement granted to the City of Eastman, Dodge County, shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
(h) That the consideration for such easement shall be for the fair market value but not less than $650.00 and upon such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
(i) That the grant of easement shall be recorded by the Grantee in the Superior Court of Dodge County and a recorded copy shall be forwarded to the State Properties Commission.
(j) That the authorization in this article to grant the above-described easement to the City of Eastman, Dodge County, shall expire three years after the date that this resolution becomes effective.
(k) That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE II
Section 2. (a) That the State of Georgia is the owner of the hereinafter described real property in Calhoun County, hereinafter referred to as the "easement area," and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
(b) That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Edison, Calhoun County, or its successors and assigns a nonexclusive easement for the construction, operation, and maintenance of a natural gas line in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, operating, maintaining, repairing, and replacing a natural gas line, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Land Lot 162, District 3 of Calhoun County, Georgia, and is more particularly described as follows:
That portion and that portion only as shown on a plat entitled "Sketch of Revocable License Required by City of Edison" on property in the custody of the Department of Corrections, which plat was prepared by Bobby Ellis, Georgia Registered Land Surveyor No. 2004. This plat indicating the easement area is on file in the office of the State Properties Commission.
(c) That the above-described premises shall be used solely for the purpose of installing, maintaining, repairing, replacing, inspecting, and operating said natural gas line.
(d) That, after the City of Edison, Calhoun County, has put into use the natural gas line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia or its successors and assigns of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the City of Edison, Calhoun County, or its successors and assigns shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia or its successors and assigns.
(e) That no title shall be conveyed to the City of Edison, Calhoun County, and, except as herein specifically granted to the City of Edison, Calhoun County, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which

MONDAY, MARCH 11, 1991

2093

may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Edison, Calhoun County.
(f) That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated in order to avoid interference with the state's use or intended use of the easement area, the City of Edison, Calhoun County, shall remove or relocate its facilities at its sole cost and expense.
(g) That the easement granted to the City of Edison, Calhoun County, shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
(h) That the consideration for such easement shall be for the fair market value but not less than $650.00 and upon such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
(i) That the grant of easement shall be recorded by the Grantee in the Superior Court of Calhoun County and a recorded copy shall be forwarded to the State Properties Commission.
(j) That the authorization in this article to grant the above-described easement to the City of Edison, Calhoun County, shall expire three years after the date that this resolution becomes effective.
(k) That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE III
Section 3. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. That all laws and parts of laws in conflict with this resolution are repealed.

Representative Colwell of the 4th moved that the House agree to the Senate substitute to HR 73.
On the motion, the roll call was ordered and the vote was as follows:

Y Abernathy
Y Adams Y Aiken
Alford Y Atkins Y Baker Y Balkcom
Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Y Bates Y Beatty Y Benefield
Birdsong Y Blitch
Bordeaux Y Bostick Y Branch
Y Breedlove Brooks
Y Brown Brush
YBuck Y Buckner YByrd Y Campbell

Canty Y Carrell
Y Carter Y Chafin
Y Chambless Y Cheeks Y Childers
Y Clark.E Y Clark.H Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth
Y Cummings.B Cummings.M
Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton

Y Fennel Y Floyd,J.M Y Floyd.J.W Y Flynt
Y Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Banner Y Harris.B Y Harris,J
Y Heard Y Henson Y Herbert Y Hightower
Y Holland Holmes Howard
Y Hudson Ylrwin Y Jackson Y Jamieson

Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee Y Long YLord
Lucas Y Lupton Y Mann Y Martin Y McCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Merritt Y Milam
Mills

Y Mobley Y Moody Y Morsberger
Y Moultrie Y Mueller Y Oliver.C
Oliver.M
YOrr Y Orrock Y Padgett Y Parham Y Parrish
Y Patten Y Pelote Y Perry
Y Pettit Y Pinholster
Pinks ton YPoag
Porter
Y Poston Y Powell.A Y Powell.C Y Purcell
Randall
YRay Y Reaves

2094

JOURNAL OF THE HOUSE,

Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L

Y Smith.P Smith.T
Y Smith.W Y Smyre YSnow Y Stancil.F Y Stancil.S
Y Stanley Y Stephens

Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond
Titus Y Tolbert

On the motion, the ayes were 157, nays 0. The motion prevailed.

Townsend Y Turnquest Y Twiggs
Valenti Y Vaughan Y Walker.J
Walker.L Y Wall Y Ware

Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams,J Y Williams.R Y Yeargin
Murphy.Spkr

HB 96. By Representative Kingston of the 125th:
A bill to amend Code Section 30-4-1 of the Official Code of Georgia Annotated, relating to the rights of visually handicapped and deaf persons, so as to provide that physically disabled persons shall have the right to be accompanied by a service dog.

The following Senate amendment was read:

Amend HB 96 by striking from lines 6 and 7 of page 1 the following: "be capable of being identified as being from a recognized seeing eye", and inserting in lieu thereof the following: "be identified as having been trained by a seeing eye". By striking from line 27 of page 1 the following: "capable of being properly". By striking from line 1 of page 2 the following: "being from a recognized", and inserting in lieu thereof the following: "having been trained by a".

Representative Kingston of the 125th moved that the House agree to the Senate amendment to HB 96.
On the motion, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken
Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron
Y Barnett,B Y Barnett,M Y Bates Y Beatty Y Benefield
Birdsong Y Blitch
Bordeaux Y Bostick Y Branch

Y Breedlove Brooks
Y Brown Brush
YBuck Y Buckner
YByrd Y Campbell
Canty Y Carrell Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark.H Y Clark.L
Y Coker

Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B
Cummings.M Y Davis.G Y Davis.M Y Dixon.H
Y Dixon.S Y Dobbs Y Dover YDunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd,J.W

Y Flynt
Y Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris.J Y Heard Y Henson
Y Herbert Y Hightower Y Holland
Holmes

Howard Y Hudson Y Irwin Y Jackson Y Jamieson
Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson YLee YLong

MONDAY, MARCH 11, 1991

YLord Lucas
Y Lupton YMann Y Martin
Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam
Mills Y Mobley Y Moody Y Morsberger Y Moultrie

Y Mueller Y Oliver.C
Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinks ton YPoag
Porter
Y Poston

Y Powell,A Y Powell.C Y Purcell
Randall
YRay Y Reaves
Redding Y Ricketson
Y Royal Selman
Y Sherrill
Y Simpson Y Sinkfield
Y Skipper Y Smith,L Y SmithJ?
Smith.T

Y Smith,W Y Smyre YSnow Y Stancil.F Y Stancil,S Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M
Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend

On the motion, the ayes were 157, nays 0. The motion prevailed.

2095
Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L YWall Y Ware Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams.J Y Williams.R Y Yeargin
Murphy.Spkr

HR 290. By Representatives Smyre of the 92nd, McKelvey of the 15th, Griffin of the 6th, Martin of the 26th and Oliver of the 53rd:
A resolution creating the Joint Workers' Compensation Task Force.

The following Senate amendment was read:

Amend HR 290 by striking the figure "14" on line 3 of page 2 and inserting in lieu thereof the figure "16".
By inserting on line 8 of page 2 immediately following the word "Governor" the following:
", two members shall be representatives of industry appointed by the Governor,".
By inserting on line 16 of page 2 immediately preceding the words "The Governor" the following:
"Two members shall be representatives of industry, one of whom shall be the director of the Georgia Forestry Association or his designee and one of whom shall be the director of the Georgia Motor Trucking Association or his designee."

Representative Smyre of the 92nd moved that the House disagree to the Senate amendment to HR 290.
The motion prevailed.

HB 182. By Representatives Dobbs of the 74th, Patten of the 149th, Porter of the 119th, Cheeks of the 89th, Breedlove of the 60th and others:
A bill to amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to solid waste management, so as to provide for limitations on the modification of permits to operate solid waste handling facilities.

The following Senate substitute was read:

A BILL
To amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to solid waste management, so as to provide for limitations on the modification of permits

2096

JOURNAL OF THE HOUSE,

to operate solid waste handling facilities; to provide for classifications of modifications; to provide for conditions and requirements; to provide for certain verification prior to certain modifications; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to solid waste management, is amended by striking subsections (e) and (g) of Code Section 12-8-24, relating to solid waste handling and operating permits, and inserting in their place new subsections (e) and (g), respectively, to read as follows:
"(e) (1) The director may amend, suspend, modify, or revoke any permit issued pursuant to this Code section if the holder of the permit is found to be in violation of any of the permit conditions z any order of the director, or fails to perform solid waste handling in accordance with this part or rules promulgated under this part. The director may modify any permit issued pursuant to this Code section in accordance with rules promulgated by the board. All modifications of existing permits shall be classified by the board as either major or minor modifications. All modifications of existing permits to allow vertical or horizontal expansion of existing disposal facilities shall be classified as major permit modifications.
(2) Prior to the granting of any major modification of an existing solid waste handling permit by the director, a public hearing shall be held by the governing authority of the county or municipality in which the municipal solid waste facility or special solid waste handling facility requesting the modification is located not less than two weeks prior to the issuance of any permit under this Code section and notice of such hearing shall be posted at the site of such facility and advertised in a newspaper of general circulation serving the county or counties in which such facility is located at least 30 days prior to such hearing.
(3) Except as otherwise provided in this part, major modifications shall meet the siting and design standards applicable to new permit applications in effect on the date the modification is approved by the director; provided, however, that all applications for vertical expansion of existing solid waste disposal facilities received by the director on or before December 31, 1990, shall be allowed no longer than 24 months from the date of the commencement of the permitted vertical expansion unless it is demonstrated to the director in the application or during this period of time that the solid waste disposal facility as vertically expanded meets the siting and design standards applicable to new permit applications in effect on the date the modification is approved by the director; provided further, however, that no vertical expansion under this subsection shall be allowed when remaining permitted capacity, as determined by the director, exceeds 24 months from July 1^ 1991. Any operation of a vertical expansion during this time period shall be in accordance with conditions set forth by the director in the modified permit. Any owner or operator of a site which does not demonstrate compliance with such standards within such period shall prepare a final closure plan and cease acceptance of waste no later than the end of such period. In the event that the director determines that no such demonstration of compliance has been made by the owner or operator, he shall notify the owner or operator of such determination and may order the owner or operator to cease accepting waste and prepare a final closure plan prior to the end of such period." "(g) Prior to the issuance of any permit for a solid waste handling facility or the granting of any major modification of an existing solid waste handling permit, the director shall require written verification to be furnished by the applicant that the proposed facility complies with local zoning or land use ordinances, if any; and after July 1, 1992, that the proposed facility is consistent with the local or regional solid waste management plan developed in accordance with standards promulgated pursuant to this part subject to the provisions of Code Section 12-8-31.1 and that the host jurisdiction and the jurisdiction generating solid waste destined for the applicants' facility can demonstrate that they are actively involved in and have a strategy for meeting the state-wide goal of waste reduction by July 1, 1996."

MONDAY, MARCH 11, 1991

2097

Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Dobbs of the 74th moved that the House agree to the Senate substitute to HB 182.
On the motion, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Harriett,B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch
Bordeaux Y Bostick Y Branch
Y Breedlove Y Brooks Y Brown
Brush YBuck Y Buckner
YByrd Y Campbell
Canty Y Carrell Y Carter YChafin Y Chambless Y Cheeks Y Childers Y Clark.E N Clark,H

Y Clark,L
Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B
Cummings.M Davis.G N Davis.M Y Dixon.H Y Dhton.S Y Dobbs Y Dover Dunn
Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt YGodbee Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Banner Y Harris.B Y Harris,J Y Heard Y Henson

Y Herbert Y Hightower Y Holland Y Holmes
Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein
NLadd Y Lane.D
Y Lane.R Y Langford Y Lawrence Y Lawson
YLee Long
YLord Lucas
Y Lupton YMann Y Martin YMcCoy Y McKelvey
McKinney.B
Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills

Y Mobley Y Moody Y Morsberger Y Moultrie
Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish Y Patten
Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag
Porter Y Postal Y Powell,A Y Powell.C
Purcell Randall YRay Y Reaves Redding Y Ricketson Y Royal Selman Y Sherrill N Simpson Sinkfield
Y Skipper Y Smith.L

Y Smith,? Smith.T
Y Smith.W Y Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley
Stephens Y Streat Y Taylor Y Teper
Y Thomas.C Y Thomas.M
Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Ware Y Watson Y Watts
White N Wilder Y Williams.B
Williams,J Y Williams.R
Y Yeargin Murphy,Spkr

On the motion, the ayes were 149, nays 5. The motion prevailed.

HB 528. By Representatives Dobbs of the 74th, Walker of the 115th, Watson of the 114th, Alford of the 57th, Colwell of the 4th and others:
A bill to amend Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mechanics' and materialmen's liens, so as to provide for the preclusion of the waiver of mechanics' lien and bond rights in advance of performance of labor or provision of materials.

The following Senate substitute was read:

A BILL
To amend Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mechanics' and materialmen's liens, so as to change a certain definition; to provide for a lien for suppliers of rental tools, appliances, machinery, and equipment used to improve real estate; to provide for the preclusion of the waiver of mechanics' lien and bond rights in advance of performance of labor or provision of materials; to provide a form for an interim waiver of lien and bond rights in connection with progress payments; to provide a form for a final waiver of lien and bond rights in connection with final

2098

JOURNAL OF THE HOUSE,

payment; to provide for failure to fill out the forms correctly; to provide for exceptions; to provide for applicability with respect to certain lien rights; to provide for a determination of payment in full; to provide for an Affidavit of Nonpayment Form; to provide for voiding affidavits of nonpayment; to provide for the applicability of the affidavit of nonpayment with respect to waiver and release; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mechanics' and materialmen's liens, is amended by striking paragraph (3) of Code Section 44-14-360, relating to definitions, in its entirety and inserting in lieu thereof a new paragraph (3) to read as follows:
"(3) 'Materials,' in addition to including those items for which liens are already permitted under this part, means tools, appliances, machinery, or equipment used in making improvements to the real estate, to the extent of the reasonable rental value or the contracted rental price, whichever is greater, of such tools, appliances, machinery, or equipment."
Section 2. Said part is further amended by striking Code Section 44-14-361, relating to creation of liens, in its entirety and inserting in lieu thereof a new Code Section 44-14-361 to read as follows:
"44-14-361. (a) The following persons shall each have a special lien on the real estate, factories, railroads, or other property for which they furnish labor, services, or materials:
(1) All mechanics of every sort who have taken no personal security for work done and material furnished in building, repairing, or improving any real estate of their employers;
(2) All contractors, all subcontractors and all materialmen furnishing material to subcontractors, and all laborers furnishing labor to subcontractors, materialmen, and persons furnishing material for the improvement of real estate;
(3) All registered architects furnishing plans, drawings, designs, or other architectural services on or with respect to any real estate;
(4) All registered foresters performing or furnishing services on or with respect to any real estate;
(5) All registered land surveyors and registered professional engineers performing or furnishing services on or with respect to any real estate;
(6) All contractors, all subcontractors and materialmen furnishing material to subcontractors, and all laborers furnishing labor for subcontractors for building factories, furnishing material for factories, or furnishing machinery for factories;
(7) All machinists and manufacturers of machinery, including corporations engaged in such business, who may furnish or put up any mill or other machinery in any county or who may repair the same; ad
(8) All contractors to build railroads; and (9) All suppliers furnishing rental tools, appliances, machinery, or equipment for the improvement of real estate. (b) Each special lien specified in subsection (a) of this Code section may attach to the real estate for which the labor, services, or materials were furnished if they are furnished at instance of the owner, contractor, or some person acting for the owner or contractor."
Section 3. Said part is further amended by adding at the end thereof a new Code Section 44-14-366 to read as follows:
"44-14-366. (a) A right to claim a lien or to claim upon a bond may not be waived in advance of furnishing of labor, services, or materials. Any purported waiver or release of lien or bond claim or of this Code section executed or made in advance of furnishing of labor, services, or materials is null, void, and unenforceable.
(b) No oral or written statement by the claimant purporting to waive, release, impair, or otherwise adversely affect a lien or bond claim is enforceable or creates an estoppel or impairment of claim of lien or claim upon a bond unless:

MONDAY, MARCH 11, 1991

2099

(1) It is pursuant to a waiver and release form duly executed by claimant prescribed below; and
(2) The claimant has received payment for the claim as set forth in subsection (f) of this Code section. (c) When a claimant is requested to execute a waiver and release in exchange for or in order to induce payment other than final payment, the waiver and release must follow substantially the following form, and the priority of such claimant's lien rights, except as to retention, shall thereafter run from the day after the date specified in such Interim Waiver and Release upon Payment form:

INTERIM WAIVER AND RELEASE UPON PAYMENT

STATE OF GEORGIA

COUNTY OF

The undersigned mechanic and/or materialman has been employed by

_________________________ (name of contractor) to furnish

(describe materials and/or labor) for the

construction of improvements known as

(title of the project or building) which is located in the City of

County

of

>

and

is

owned

by

__ (name of owner) and more particularly

described as follows:

(DESCRIBE THE PROPERTY UPON WHICH THE IMPROVEMENTS WERE

MADE BY USING EITHER A METES AND BOUNDS DESCRIPTION, THE

LAND LOT DISTRICT, BLOCK AND LOT NUMBER, OR STREET

ADDRESS OF THE PROJECT.)

Upon the receipt of the sum of $______________, the mechanic and/or

materialman waives and releases any and all liens or claims of liens it has upon the

foregoing

described

property

through

the

date

of

________________________ (date) and excepting those rights and liens

that the mechanic and/or materialman might have in any retained amounts, on

account of labor or materials, or both, furnished by the undersigned to or on

account of said contractor for said building or premises.

Given under hand and seal this ______________ day of

________________________, 19__.

_______________________(Seal)

(Witness)
(Address)
Provided, however, that the failure to correctly complete any of the blank spaces in the above form shall not invalidate said form so long as the subject matter of said release may reasonably be determined.
(d) When a claimant is requested to execute a waiver and release in exchange for or in order to induce payment of final payment, the waiver and release must follow substantially the following form:
UNCONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT
STATE OF GEORGIA

2100

JOURNAL OF THE HOUSE,

COUNTY OF

The undersigned mechanic and/or materialman has been employed by

_________________________ (name of contractor) to furnish

_________________________ (describe materials and/or labor) for the

construction of improvements known as __________________________

(title of the project or building) which is located in the City of

___________________________,

County

of

__________________________,

and

is

owned

by

___________________________ (name of owner) and more particularly

described as follows:

(DESCRIBE THE PROPERTY UPON WHICH THE IMPROVEMENTS WERE MADE BY USING EITHER A METES AND BOUNDS DESCRIPTION, THE LAND LOT DISTRICT, BLOCK AND LOT NUMBER, OR STREET ADDRESS OF THE PROJECT.) Upon the receipt of the sum of $______________, the mechanic and/or materialman waives and releases any and all liens or claims of liens or any right against any labor and/or material bond it has upon the foregoing described property. Given under hand and seal this __________ day of
__________________________, 19__. _______________________(Seal)
(Witness)
(Address)
NOTICE: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT YET BEEN PAID, USE A CONDITIONAL RELEASE FORM. Provided, however, that the failure to correctly complete any of the blank spaces in the above form shall not invalidate said form so long as the subject matter of said release may reasonably be determined. (e) Nothing contained in this Code section shall affect: (1) The enforceability of any subordination of lien rights by a potential lien claimant to the rights of any other party which may have or acquire an interest in all or any part of the real estate, factories, railroads, or other property for which the potential lien claimant has furnished labor, services, or material, even though such subordination is entered into in advance of furnishing labor, services, or material and even though the claimant has not actually received payment in full for its claim; (2) The enforceability of any waiver of lien rights given in connection with the settlement of a bona fide dispute concerning the amount due the lien claimant for labor, services, or material which have already been furnished; (3) The validity of a cancellation or release of a recorded claim of lien or preliminary notice of lien rights; or (4) The provisions of paragraph (2) of subsection (a) of Code Section 44-14-361.2, paragraphs (3) and (4) of subsection (a) and subsections (b) and (c) of Code Section 44-14-361.4, or Code Section 44-14-364. (f) (1) When a waiver and release provided for in this Code section is executed by the claimant, it shall be binding against the claimant for all purposes, subject only to payment in full of the amount set forth in the waiver and release.

MONDAY, MARCH 11, 1991

2101

(2) Such amounts shall conclusively be deemed paid in full upon the earliest to occur of:
(A) Actual receipt of funds; (B) Execution by the claimant of a separate written acknowledgement of payment in full; or (C) Thirty days after the date of the execution of the waiver and release, unless prior to the expiration of said 30 day period the claimant files a claim of lien or files in the county in which the property is located an Affidavit of Nonpayment, using substantially the following form:

AFFIDAVIT OF NONPAYMENT UNDER O.C.G.A. SECTION 44-14-366

STATE OF GEORGIA

COUNTY OF

___

The undersigned mechanic and/or materialman has been employed by

_______________________ (name of contractor) to furnish

(describe materials and/or labor) for the

construction of improvements known as _

__

(title of the project or building) which is located in the City of

________________________,

County

of

________________________,

and

is

owned

by

________________________ (name of owner) and more particularly

described as follows:

(DESCRIBE THE PROPERTY UPON WHICH THE IMPROVEMENTS WERE MADE BY USING EITHER A METES AND BOUNDS DESCRIP-

TION, THE LAND LOT DISTRICT, BLOCK AND LOT NUMBER, OR STREET ADDRESS OF THE PROJECT.)

Pursuant to O.C.G.A. Section 44-14-366 the undersigned executed a lien waiver and release with respect to this property dated ____________________,

19__. The amount set forth in said waiver and release($_____________) has not been paid, and the undersigned hereby gives notice of such nonpayment.
The above facts are sworn true and correct by the undersigned, this

____________ day of _________________, 19__.

Sworn to and executed in the presence of:

___________________________(SEAL) Claimant's Signature

Witness

Notary Public (3) A claimant who is paid, in full, the amount set forth in the waiver and release form after filing an Affidavit of Nonpayment shall upon request execute in recordable form an affidavit swearing that payment in full has been received. Upon recordation thereof in the county in which the Affidavit of Nonpayment was recorded, the Affidavit of Nonpayment to which it relates shall be deemed void. (4) Nothing in this Code section shall shorten the time within which to file a claim of lien. (5) A waiver and release provided in this Code section shall be suspended upon filing of an Affidavit of Nonpayment until payment in full has been received. (6) The claimant may rely upon the information contained in the waiver and release form when completing for filing the Affidavit of Nonpayment or claim of lien."
Section 4. Section 3 of this Act shall become effective on January 1, 1992. The remaining sections of this Act shall become effective on July 1, 1991.

2102

JOURNAL OF THE HOUSE,

Section 5. All laws and parts of laws in conflict with this Act are repealed.

Representative Dobbs of the 74th moved that the House agree to the Senate substitute to HB 528.
On the motion, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot
Bargeron Y Barnett.B Y Barnett,M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch
Bordeaux Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner
YByrd Y Campbell
Canty Y Carrell Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.H

Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B
Cummings,M
Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn
Y Edwards Y Elliott Y Felton Y Fennel
Y Floyd,J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris,J Y Heard Y Henson

Y Herbert Y Hightower Y Holland Y Holmes
Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong Y Lord
Lucas Y Lupton YMann
Y Martin Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills

Y Mobley
Y Moody Y Morsberger Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston
YPoag Porter
Y Poston Y Powell,A
Y Powell.C Y Purcell
Randall YRay
Y Reaves Redding
Y Ricketson Y Royal
Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L

Y Smith.P Smith.T
Y Smith, W Y Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley
Stephens Y Streat Y Taylor
Teper Y Thomas.C Y Thomas.M
Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J
Walker.L Wall Y Ware
Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams.J Y Williams,R Y Yeargin
Murphy,Spkr

On the motion, the ayes were 155, nays 0. The motion prevailed.

The Speaker announced the House in recess until 1:30 o'clock this afternoon.

MONDAY, MARCH 11, 1991

2103

AFTERNOON SESSION

The Speaker called the House to order.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker: The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House:
HB 285. By Representatives Murphy of the 18th, Coleman of the 118th, Walker of the 115th, Porter of the 119th, Jamieson of the llth and others: A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 1991 and ending June 30, 1992.
The President has appointed on the part of the Senate the following: Senators Johnson of the 47th, Deal of the 49th and Garner of the 30th.
The Senate has disagreed to the House amendment to the following Bill of the Senate:
SB 311. By Senator English of the 21st: A bill to amend Code Section 1-3-3 of the Official Code of Georgia Annotated, relating to definitions in the laws and statutes, so as to add definitions for agriculture, agricultural operations, agricultural or farm products, crops, and growing crops.
The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House:
HB 996. By Representatives Alford of the 57th, Irwin of the 57th, Henson of the 57th, Tolbert of the 58th, Redding of the 50th and others: A bill to amend an Act to impose certain requirements and limitations upon ad valorem taxes levied by DeKalb County to finance the provision of certain governmental services, known as the "DeKalb County Special Services Tax Districts Act," so as to authorize the governing authority of any municipality lying wholly or partially in DeKalb County to provide by resolution that such municipality shall not constitute a special services tax district and shall not be subject to certain provisions of law.
The following Resolutions of the House were read and adopted:
HR 490. By Representatives Cummings of the 17th and Murphy of the 18th: A resolution expressing appreciation to Harvey D. Findley.
HR 491. By Representatives Colwell of the 4th, Twiggs of the 4th, Dobbs of the 74th, Hanner of the 131st, Fennel of the 155th and others: A resolution commending Mr. Ricky Van Shelton.

2104

JOURNAL OF THE HOUSE,

HR 492. By Representatives Childers of the 15th, Redding of the 50th and Selman of the 32nd:
A resolution encouraging organ donations and the continuing cooperation of coroners and medical examiners in obtaining such donations.

HR 493. By Representative Mobley of the 64th: A resolution commending Charles William (Bill) Barren.

HR 494. By Representative Beatty of the 12th: A resolution commending Lauren "Bubba" McDonald.

HR 495. By Representatives Alford of the 57th, Irwin of the 57th, Valenti of the 52nd, Baker of the 51st, Turnquest of the 56th and others:
A resolution commending the DeKalb Historical Society and expressing support for the renovation of the Old Courthouse of DeKalb County.

HR 496. By Representatives Kilgore of the 42nd and Watts of the 41st:
A resolution expressing support for the men and women of Douglas County serving in Operation Desert Storm.

HR 497. By Representative Ware of the 77th: A resolution recognizing the one hundredth birthday of Arch Thrash.

HR 498. By Representatives Alford of the 57th, Irwin of the 57th and Henson of the 57th:
A resolution congratulating Mr. and Mrs. Gibson Smith on the occasion of their fiftieth wedding anniversary.

HR 499. By Representatives Floyd of the 154th, Murphy of the 18th, Mueller of the 126th, Purcell of the 129th, Oliver of the 121st and others:
A resolution commending the 24th Infantry Division (Mechanized) of the U.S. Army.

Under the general order of business, established by the Committee on Rules, the following Bill and Resolutions of the Senate were taken up for consideration and read the third time:

SR 31. By Senator Kidd of the 25th:
A resolution informing personnel offices of agencies and departments of the state regarding the rights of certain military personnel who are on ordered military duty.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

MONDAY, MARCH 11, 1991

2105

Y Abernathy Adams
Y Aiken Alford
Y Atkins Y Baker
Balkcom Y Barfoot
Bargeron Y Barnett.B Y Barnett.M
Bates Y Beatty
Benefield Y Birdsong Y Blitch
Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Y Brown Y Brush YBuck Y Buckner
Byrd
Campbell Canty Y Carrell Carter Chafin Chambless Y Cheeks Y Childers Y Clark.E Y Clark.H

Y Clark.L Y Coker
Coleman Colwell
Y Connell Y Culbreth Y Cummings.B
Cummings,M Y Davis.G Y Davis.M Y Dixon.H
Y Dixon.S Y Dobbs
Dover Y Dunn
Edwards Y Elliott
Felton Y Fennel
Floyd.J.M Floyd.J.W Y Flynt
Godbee Y Golden Y Goodwin Y Green
Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Hanner Y Harris.B
Y HarrisJ Y Heard Y Henson

Y Herbert Hightower
Y Holland Holmes
Y Howard Hudson
Y Irwin
Y Jackson Jamieson
Y Jenkins Y Jones
Kilgore YKing
Kingston Y Klein YLadd Y Lane.D
Lane.R Y Langford Y Lawrence Y Lawson
Lee Long
Lord Y Lucas
Lupton
YMann Martin
Y McCoy Y McKelvey Y McKinney.B
McKinney,C Meadows Y Merritt Y Milam Y Mills

Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C
Oliver.M YOrr
Orrock
Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag
Porter Poston Y Powell,A Y Powell.C Y Purcell Randall YRay Y Reaves Y Redding Y Ricketson Y Royal Selman Y Sherrill Y Simpson Sinkfield Y Skipper Smith,L

Y Smith.P Smith.T
Y Smith,W Y Smyre Y Snow
Y Stancil.F Stancil.S Stanley
Y Stephens Y Streat Y Taylor Y Teper Y Thomas,C Y Thomas.M
Y Thomas.N Thurmond
Y Titus Y Tolbert
Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall
Ware Y Watson Y Watts
White Y Wilder Y Williams.B
Williams.J Y Williams.R Y Yeargin
Murphy.Spkr

On the adoption of the Resolution, the ayes were 123, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

Representative Stanley of the 33rd stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

SR 205. By Senators Foster of the 50th, Ragan of the 10th, Deal of the 49th and others:
A resolution creating the special Study Commission on Postsecondary Technical and Adult Education Finance.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 100, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

SB 267. By Senator Baldwin of the 29th:
A bill to amend Article 1 of Chapter 6 of Title 10 of the Official Code of Georgia Annotated, relating to the creation and nature of the agency relationship, so as to provide that a deed or other instrument executed under seal pursuant to an agency created by an act not under seal shall be binding on the principal under certain conditions.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

2106

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 100, nays 1. The Bill, having received the requisite constitutional majority, was passed.

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was again taken up for consideration:

SB 309. By Senators Edge of the 28th and Thompson of the 33rd:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to define the authority of public adjusters; to prohibit contingent fee contracts; to provide that it shall be prohibited for a public adjuster to suggest or advise the employment of or give the name of an attorney to any insured or to accept referral fees or compensation from an attorney.

The following Committee substitute was read and adopted:

A BILL
To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to define the authority of public adjusters; to prohibit public adjusters from representing persons for claims arising out of motor vehicle accidents; to restrict public adjusters from suggesting or advising the employment of or giving the name of any specific attorney to any person or from accepting referral fees or compensation from attorneys; to provide for punishment; to restrict attorneys from compensating nonattorneys for referrals or recommendations in motor vehicle accident cases; to restrict health care providers from compensating persons for referrals or recommendations with respect to motor vehicle insurance benefits or claims; to restrict certain persons from access to motor vehicle accident reports; to restrict persons from receiving compensation for providing names and addresses of motor vehicle accident victims to attorneys or health care providers; to provide for punishment; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding at the end of Code Section 33-23-58, relating to concurrent licensing of adjusters, four new subsections, to be designated as subsections (c), (d), (e), and (f), to read as follows:
"(c) A public adjuster shall solicit, advertise for, or otherwise agree to represent only a person who is insured under a policy covering fire, windstorm, water damage, and other physical damage to real and personal property, other than vehicles licensed for the road, and any such representation shall be limited to the settlement of a claim or claims under the policy for damages to real and personal property, including related loss of income and living expense losses, but excluding claims arising out of any motor vehicle accident.
(d) No public adjuster, at any time, shall knowingly: (1) Suggest or advise the employment of or name for employment a specific attor-
ney or attorneys to represent a person in any matter relating to a person's potential claims, including any motor vehicle accident claims for personal injury, loss of consortium, property damages, or other special damages;
(2) Accept or agree to accept any money or other compensation from an attorney or any person acting on behalf of an attorney which the adjuster knows or should reasonably know is payment for the suggestion or advice by the adjuster to seek the services of the attorney or for the referral of any portion of a person's claim to the attorney; or
(3) Hire or procure another to do any act prohibited by this subsection.

MONDAY, MARCH 11, 1991

2107

(e) For purposes of subsection (c) or (d) of this Code section, the term 'public adjuster' shall include licensed public adjusters as defined by Code Section 33-23-40 and persons representing themselves to be public adjusters who are not properly licensed by the commissioner.
(f) Any person who violates any provision of subsection (c) or (d) of this Code section shall be guilty of a misdemeanor and such violation shall be grounds for suspension or revocation of licenses under Code Section 33-23-62."
Section 2. Said title is further amended by adding a new Code Section 33-24-53 to read as follows:
"33-24-53. (a) In a claim arising out of a motor vehicle accident, a lawyer shall not compensate or give anything of value to a person or organization to recommend or secure his employment by a client, or as a reward for having made a recommendation resulting in his employment by a client; except that he may pay for public communications permitted by Standard 5 of Bar Rule 4-102 and the usual and reasonable fees or dues charged by a bona fide lawyer referral service operated by an organization authorized by law and qualified to do business in this state; provided, however, such organization has filed with the State Disciplinary Board, at least annually, a report showing its terms, its subscription charges, agreements with counsel, the number of lawyers participating, and the names and addresses of lawyers participating in the service. Upon conviction of an offense provided for by this subsection, the prosecutor shall certify such conviction to the disciplinary board of the State Bar of Georgia for appropriate action. Such action may include a suspension or disbarment.
(b) With respect to a motor vehicle insurance benefit or claim, a health care provider shall not compensate or give anything of value to a person to recommend or secure the provider's service to or employment by a patient or as a reward for having made a recommendation resulting in the provider's service to or employment by a patient, except that the provider may pay the reasonable cost of advertising or written communication as permitted by rules of professional conduct. Upon a conviction of an offense provided for by this subsection, the prosecutor shall certify such conviction to the appropriate boards for appropriate action. Such action may include a suspension or revocation of the health care provider's license.
(c) With respect to a motor vehicle accident, no employee of any law enforcement agency shall allow any person, including an attorney, health care provider, or their agents, to examine or obtain a copy of any accident report or related investigative report when the employee knows or should reasonably know that the request for access to the report is for commercial solicitation purposes. No person shall request any law enforcement agency to permit examination or to furnish a copy of any such report for commercial solicitation purposes. For purposes of this subsection, a request to examine or obtain a copy of a report is for 'commercial solicitation purposes' if made at a time when there is no relationship between the person or his principal requesting the report and any party to the accident, and there is no apparent reason for the person to request the report other than for purposes of soliciting a business or commercial relationship. All persons, except law enforcement personnel and persons named in the report, shall be required to submit a separate written request to the law enforcement agency for each report. Such written request shall state the requestor's name, address, and the intended use of the report in sufficient detail that the law enforcement agency may ascertain that the intended use is not for commercial solicitation purposes. The law enforcement agency shall file each written request with the original report. No person shall knowingly make any false statement in any such written request.
(d) A person may not receive compensation, a reward, or anything of value in return for providing names, addresses, telephone numbers, or other identifying information of victims involved in motor vehicle accidents to an attorney or health care provider which results in employment of the attorney or health care provider by the victims for purposes of a motor vehicle insurance claim or suit. Attempts to circumvent this Code section through use of any other person, including, but not limited to, employees, agents, or servants, shall also be prohibited. This provision shall not prohibit an attorney or

2108

JOURNAL OF THE HOUSE,

health care provider from making a referral and receiving compensation as is permitted under applicable professional rules of conduct.
(e) Any person who violates any provision of this Code section shall be guilty of a misdemeanor involving moral turpitude."
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.

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, by substitute, the roll call was ordered and the vote was as follows:

N Abernathy Y Adams Y Aiken
Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M
Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
N Brooks Y Brown Y Brush YBuck
Y Buckner YByrd
Y Campbell Y Canty Y Carrell Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.H

Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B
Cummings.M Y Davis.G N Davis.M Y Dixon.H Y Dixon.S Y Dobbs
Dover
Y Dunn Edwards
Y Elliott Y Felton Y Fennel Y Floyd,J.M
FloydJ.W Y Flynt YGodbee Y Golden
Goodwin Y Green
Greene Y Griffin Y Groover Y Hamilton Y Hammond
Hanner Y HarrisJB Y Harris,J Y Heard Y Henson

Y Herbert Y Hightower Y Holland
Holmes Y Howard
Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing
Kingston Y Klein YLadd Y Lane.D Y Lane,R Y Langford Y Lawrence Y Lawson YLee
Long YLord Y Lucas
Lupton
YMann Martin
Y McCoy Y McKelvey Y McKinney.B
McKinney.C Y Meadows Y Merritt Y Milam Y Mills

Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Padgett YParham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Pinkston
YPoag Y Porter
Poston Y Powell,A
Y Powell.C Y Purcell
Randall
YRay Y Reaves Y Redding Y Ricketson Y Royal
Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L

Y Smith.P Smith.T
Y Smith.W
Y Smyre YSnow Y Stancil.F
Y Stancil.S Stanley
Y Stephens Y Streat Y Taylor Y Teper
Y Thomas.C Y Thomas,M
Y Thomas.N Thurmond
N Titus Y Tolbert
Townsend N Turnquest
Y Twiggs Valenti
Y Vaughan Y Walker,J Y Walker.L Y Wall Y Ware Y Watson Y Watts
White Y Wilder Y Williams.B
Williams,J Y Williams,R Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 145, nays 5.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

The Speaker Pro Tern assumed the Chair.

Representative Davis of the 45th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Stanley of the 33rd stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

MONDAY, MARCH 11, 1991

2109

Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the Senate were taken up for consideration and read the third time:

SB 101. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Chapter 10 of Title 46 of the Official Code of Georgia Annotated, relating to the consumers' utility counsel, so as to change the provisions relative to the automatic repeal of said Chapter 10; to provide an effective date.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 10 of Title 46 of the Official Code of Georgia Annotated, relating to the consumers' utility counsel, so as to change provisions relative to performance and management audits; to change provisions relative to employment of assistants, consultants, experts, professionals, and other persons; to change the provisions relative to the automatic repeal of said Chapter 10; 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 10 of Title 46 of the Official Code of Georgia Annotated, relating to the consumers' utility counsel, is amended by striking Code Section 46-10-3.1, relating to performance and management audits, and inserting in its place a new Code section to read as follows:
4u-AU-o.i. r^nor to -UcccmDef c/x, lUoo, and prior to i-jcccmDe? oX, lUoo, tnc state auditor shall perform performance and management audit ef the consumers' utility counsel. A copy of th performance and management audit shall be submitted by j-JcccinD&f oi) lyoD) find UccottiDCr oi, lUoo, to til6 industry oojumittcc of tnc vroorgis
Prior to January lj 1993, and again prior to January lj 1995, the state auditor shall perform a performance and management audit of the consumers' utility counsel. A copy of the performance and management audit shall be submitted by January l^ 1993, and January lj 1995, to the Industry Committee of the House of Representatives and to the Finance and Public Utilities Committee of the Senate, or to their respective successor committees having jurisdiction over the subject matter."
Section 2. Said chapter is further amended by striking Code Section 46-10-6, relating to employment of personnel, and inserting in its place a new Code section to read as follows:
"46-10-6. The counsel is authorized to employ such assistants as he may need and is authorized to employ and fix the compensation of such consultants, expert witnesses, accountants, engineers, attorneys, investigators, stenographers, or other technical or clerical assistance, including expert witnesses, as may be necessary to carry out his duties; provided, however, that no such employment may occur nor may any contracts for payment of fees or expenses be paid for consultants, expert witnesses, accountants, engineers, attorneys, investigators, stenographers, or other technical or clerical assistance unless such employment or such contracts are first approved by the administrator and can be achieved using funds appropriated to the office of the Governor for such purposes. The consumers' utility counsel shall keep suitable and proper records of all such expenditures and shall provide the same to the administrator as of the first of each month. The compensation of the counsel and such staff shall be paid from state funds appropriated or otherwise made available to the office of the administrator created in

2110

JOURNAL OF THE HOUSE,

Code Section 10-1-395 from funds appropriated to the office of the Governor for such purposes."
Section 3. Said chapter is further amended by striking in its entirety Code Section 46-10-9, relating to the automatic repeal of the chapter, and inserting in lieu thereof a new Code Section 46-10-9 to read as follows:
"46-10-9. This chapter shall be null and void and shall stand repealed in its entirety effective Jtrly 1-, W9i April 1, 1995."
Section 4. This Act shall become effective June 30, 1991.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

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, by substitute, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken
Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates
Y Beatty Y Benefield Y Birdsong Y Blitch
Y Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Y Brown Y Brush YBuck Y Buckner
YByrd Y Campbell Y Canty Y Carrell Y Carter Y Chafin Y Chambless
Y Cheeks Y Childers Y Clark.E Y Clark.H

Y Clark.L
Y Coker Coleman
Y Colwell Connell
Y Culbreth Y Cummings.B
Cummings.M
Y Davis.G Y Davis.M
Dixon.H
Y Dixon.S Y Dobbs
Dover Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Floyd,J.W Y Flynt Godbee Y Golden Y Goodwin Y Green Greene Y Griffin Y Groover Y Hamilton Y Hammond Manner Y Harris.B Y Harris,J
Y Heard Y Henson

Y Herbert Y Hightower Y Holland
Holmes Y Howard
Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd
Y Lane.D Y Lane,R Y Langford Y Lawrence Y Lawson YLee
Long YLord Y Lucas
Lupton YMann
Martin Y McCoy Y McKelvey Y McKinney.B
McKinney.C Y Meadows Y Merritt Y Milam Y Mills

Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish
Y Patten Y Pelote Y Perry
Y Pettit Y Pinholster
Pinkston YPoag Y Porter
Poston Y Powell,A Y Powell.C Y Purcell
Randall YRay Y Reaves Y Redding Y Ricketson Y Royal
Selman Y Sherrill Y Simpson Y Sinkfield
Y Skipper Y Smith.L

Y Smith,? Smith.T
Y Smith, W
Y Smyre YSnow Y Stancil.F
Y Stancil.S Stanley
Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N
Thurmond
Y Titus Y Tolbert
Townsend Y Turnquest
Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall
Ware
Y Watson Y Watts
White Y Wilder Y Williams.B
Williams.J Y Williams.R
Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 148, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Stanley of the 33rd stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

MONDAY, MARCH 11, 1991

2111

SB 167. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16t,h:
A bill to amend Article 5 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the financing of projects for units that are a part of the university system and known as the "Georgia Education Authority (University) Act," so as to change certain definitions; to change the membership of the Georgia Education Authority (University); to provide for related matters; to provide an effective date.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 117, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

SB 107. By Senator Kidd of the 25th:
A bill to amend Chapter 41 of Title 43 of the Official Code of Georgia Annotated, relating to the State Board of Recreation Examiners, so as to provide for the mandatory licensure of therapeutic recreation personnel in medically based settings and the permissive certification of recreation personnel; to define minimum qualifications for licensure or certification; to provide for the composition of the board.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

SB 367. By Senator Deal of the 49th:
A bill to amend Code Section 16-12-35 of the Official Code of Georgia Annotated, relating to manufacture and sale of printed materials and equipment for use in a lottery conducted by a state or foreign country, so as to delete the provisions requiring such lottery to be conducted by a state or foreign country.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 16-12-35 of the Official Code of Georgia Annotated, relating to manufacture and sale of printed materials and equipment for use in a lottery conducted by a state or foreign country, so as to delete the provisions requiring such lottery to be conducted by a foreign country; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 16-12-35 of the Official Code of Georgia Annotated, relating to manufacture and sale of printed materials and equipment for use in a lottery conducted by a state or foreign country, is amended by striking paragraph (1) of subsection (a) of said Code section and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) Any other law to the contrary notwithstanding, this part shall not be applicable to the manufacturing, processing, selling, possessing, or transporting of any printed

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materials, equipment, devices, or other materials used or designated for use within a state er foreign country in a lottery conducted by that state or within a foreign country acting in a lottery conducted under the authority of law of such state ef foreign country, or any advertising materials relative to such printed materials, if such equipment, devices, or other materials are for shipment out of the State of Georgia to authorized persons conducting lotteries in such states or foreign countries. This part shall in no way prohibit communications between persons in this state and persons in other states or foreign countries relative to such printed materials, equipment, devices, or other materials or prohibit demonstrations of same within this state to authorized representatives from other states or foreign countries conducting lotteries."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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, by substitute, the ayes were 107, nays 5.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

SR 174. By Senators Hammill of the 3rd, Harris of the 27th and Clay of the 37th:
A resolution designating the week of April 7 through 13, 1991, as "Georgia County Government Week".

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 113, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

SB 348. By Senator Turner of the 8th:
A bill to amend Part 1 of Article 6 of Chapter 2 of Title 20, relating to the objectives and purposes of the "Quality Basic Education Act," so as to provide that any child who is a patient or client in a facility licensed by the State of Georgia to deliver intermediate nursing care or intermediate care for the mentally retarded and who remains in that facility for more than 60 days shall be eligible for enrollment in a free public instructional program.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken
Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett,B Y Barnett.M
Bates Y Beatty Y Benefield Y Birdsong

Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck
Y Buckner YByrd Y Campbell
Y Canty Y Carrell Y Carter

Y Chafin Y Chambless Y Cheeks Y Childers
Y Clark.E Y Clark.H Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummlngs,B Y Cummings.M Y Davis.G

Y Davis.M Y Dixon.H Y Dixon,S
Y Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt
Y Godbee Y Golden

Y Goodwin Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris,J Y Heard Y Henson
Herbert Y Hightower Y Holland

MONDAY, MARCH 11, 1991

2113

Y Holmes Y Howard Y Hudson Ylrwin Y Jackson
Jamieson Y Jenkins Y Jones Y Kilgore
YKing Y Kingston Y Klein YLadd YLane,D Y Lane,R Y Langford Y Lawrence Y Lawson YLee YLong YLord

Y Lucas Lupton
YMann Y Martin
Y McCoy Y McKelvey Y McKinney,B
McKinney.C Y Meadows Y Merritt Y Milam
Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock

Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter
Y Poston Y Powell,A
Y Powelt.C Y Purcell
Randall YRay Y Reaves
Redding Y Ricketson Y Royal

Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith.P
Smith.T Y Smith,W Y Smyre YSnow Y Stancil.F Y Stancil.S
Stanley
Y Stephens Streat
Y Taylor YTeper
Y Thomas.C Y Thomas.M Y Thomas.N

Y Thurmond Titus
Y Tolbert Townsend
Y Turnquest Y Twiggs Y Valenti Y Vaughan Y WalkerJ Y Walker,L Y Wall Y Ware Y Watson Y Watts
White Y Wilder Y Williams.B
Williams,J Y Williams.R Y Yeargin
Murphy ,Spkr

On the passage of the Bill, the ayes were 160, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Stanley of the 33rd stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye"
thereon.

SB 224. By Senator Dawkins of the 45th:
A bill to amend Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, so as to authorize the judge of the probate court or chief magistrate of the magistrate court of any county, with the approval of the governing authority of any such county, to contract with certain entities to provide probation services or to establish a county probation system with respect to persons sentenced for misdemeanors in the probate or magistrate courts in such county.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M
Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush
YBuck

Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark.H Y Clark,L Y Coker Y Coleman Y Colwell
Connell Y Culbreth
Y Cummings,B Cummings,M Davis.G
Y Davis,M Y Dixon.H Y Dixon,S

Y Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W YFlynt
YGodbee Y Golden
Y Goodwin Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Hanner Y Harris,B Y Harris,J Y Heard Y Henson

Y Herbert Y Hightower
Holland Holmes Y Howard Y Hudson Y Irwin Jackson Jamieson Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein
YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong YLord

Y Lucas Lupton
YMann Y Martin YMcCoy Y McKelvey
McKinney.B McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody
Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock
Y Padgett Y Parham Y Parrish

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Y Patten Y Pelote Y Perry Y Pettit
Y Pinholster Pinkston
Y Poag Y Porter Y Poston Y Powell.A Y Powell.C Y Purcell

Randall Y Ray Y Reaves Y Redding
Ricketson Y Royal
Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L

Y Smith.P Smith.T
Y Smith.W Y Smyre
Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Stephens
Streat Y Taylor Y Teper

Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond
Titus Y Tolbert
Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan
Walker.J

Y Walker.L Y Wall Y Ware Y Watson
Y Watts White
Y Wilder Y Williams.B
Williams.J Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 154, nays 0. The Bill, having received the requisite constitutional majority, was passed.

SB 172. By Senator Ramsey of the 54th:
A bill to amend Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, so as to change the educational requirements for appointment to the Uniform Division; to change the composition of the State Patrol Disciplinary Board.

The following Committee substitute was read:

A BILL
To amend Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, so as to change the educational requirements for appointment to the Uniform Division; to change the composition of the State Patrol Disciplinary Board; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, is amended by striking subsection (b) of Code Section 35-2-43, relating to eligibility for appointment to the Uniform Division, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Applicants for appointment to the Uniform Division of the Department of Public Safety shall possess a high school education or its equivalent^ shall have completed 90 quarter hours or its semester equivalent in any accredited college or university or five years' experience as a certified law enforcement officer or two years as a license examiner, radio operator, or cadet trooper in the Department of Public Safety, and shall pass a mental and physical examination based upon the rules and regulations promulgated by the commissioner of public safety, which requirements may not be changed within 12 months of any examination for employment of recruits or cadets, troopers, or officers."
Section 2. Said chapter is further amended by striking subsection (a) of Code Section 35-2-48, relating to the State Patrol Disciplinary Board, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The State Patrol Disciplinary Board shall be composed of the commanding officer or his designee as chairman and six sworn members of equal or greater rank than the individual being charged appointed by the commissioner; provided, however, that, when charges are preferred against an employee of the Department of Public Safety other than a member of the Uniform Division, the State Patrol Disciplinary Board shall be composed of the commanding officer or his designee as chairman and six employees of the Department of Public Safety appointed by the commissioner. The State Patrol Disciplinary Board shall be appointed as needed and the members of such board shall serve at the pleasure of the commissioner."

MONDAY, MARCH 11, 1991

2115

Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Stancil of the 8th and Twiggs of the 4th move to amend the Committee substitute to SB 172 by striking from line 18 of page 1 the words "university or" and inserting in lieu thereof the followup "university;".
By inserting on line 20 of page 1 immediately following the word "officer" the symbol i
By inserting on line 21 of page 1 immediately following the word "trooper" the words "or any combination thereof.

The Committee substitute, as amended, was withdrawn.

The following substitute, offered by Representative Groover of the 99th, et al., was read and adopted:

A BILL
To amend Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, and Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to change certain provisions relating to officers and agencies responsible for certain law enforcement responsibilities; to transfer primary responsibility for state-level arson enforcement from the state fire marshal to the Georgia Bureau of Investigation; to provide for the transfer of certain personnel; to change provisions relating to qualifications for appointment to the Uniform Division of the Department of Public Safety; to change provisions relating to the membership of the State Patrol Disciplinary Board; to make a conforming amendment to Code Section 24-10-27 of the Official Code of Georgia Annotated, relating to witness fees for law enforcement officers; to provide for other related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PARTI
Section 1-1. Code Section 24-10-27 of the Official Code of Georgia Annotated, relating to witness fees for law enforcement officers, is amended by striking subsections (a) and (b) and inserting in their place new subsections (a) and (b) to read as follows:
"(a) Notwithstanding any other provision in this article, any member of the Georgia State Patrol, Georgia Bureau of Investigation, or municipal or county police force or any deputy sheriff or any correctional officer or any campus policeman as defined in Code Section 20-8-1 p any arson investigator ef the state fe marshal's office or a member of a local fire department who shall be required by writ of subpoena to attend any superior court, other courts having jurisdiction to enforce the penal laws of this state, municipal court having jurisdiction to enforce the penal laws of this state as provided by Code Section 40-13-21, juvenile court, or grand jury, or hearing or inquest held or called by a coroner, or magistrate court involving any criminal matter, as a witness on behalf of the state during any hours except the regular duty hours to which the officer is assigned, may be paid for such attendance at a fixed rate to be established by the governing authority, but not less than $20.00 per diem. The claim for the witness fees shall be endorsed on the subpoena showing the dates of attendance and stating that attendance was required during the hours other than the regular duty hours to which the claimant was assigned. The claimant shall verify this statement. The dates of attendance shall be certified by the judge or the prosecuting attorney of the court attended. The director of the Georgia Bureau of Investigation or his designees, the commanding officer of the

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JOURNAL OF THE HOUSE,

Georgia State Patrol or his designees, the chief of police, the sheriff, the superintendent of the institution, the director of public safety of a college or university, or the state foe marshal or the local fire chief shall certify that the claimant has not received any overtime pay for his attendance and that his attendance was required during hours other than regular duty hours. The amount due may be paid by the governing body authorized to dispense public funds for the operation of the court. However, no such officer may claim or receive more than one witness fee per day for attendance in any court or before the grand jury regardless of the number of subpoenas which the officer may have received requiring him to appear in such court or before the grand jury on any one day.
(b) (1) Notwithstanding any other provision in this article except paragraph (2) of this subsection, any member of the Georgia State Patrol, Georgia Bureau of Investigation, or municipal or county police force or any deputy sheriff or any correctional officer or any campus policeman as defined in Code Section 20-8-1 or any arson investigator ef the state fife marshal's effiee or a member of a local fire department who shall be required by writ of subpoena to attend any court of this state with respect to any civil case, as a witness concerning any matter relative to the law enforcement duties of such officer during any hours except the regular duty hours to which the officer is assigned, may be paid for such attendance at a fixed rate to be established by the governing authority, but not less than $20.00 per diem. Any such officer shall also be entitled to the mileage allowance provided in Code Section 24-10-24 when such officer resides outside the county where the testimony is to be given. The claim for the witness fees shall be endorsed on the subpoena showing the dates of attendance and stating that attendance was required during the hours other than the regular duty hours to which the claimant was assigned. The claimant shall verify this statement. The dates of attendance shall be certified by the party obtaining the subpoena. The director of the Georgia Bureau of Investigation or his designees, the commanding officer of the Georgia State Patrol or his designees, the chief of police, the sheriff, the superintendent of the institution, the director of public safety of a college or university, the state fire marshal, or the local fire chief shall certify that the claimant has not received any overtime pay for his attendance and that his attendance was required during hours other than regular duty hours.
(2) Any officer covered by paragraph (1) of this subsection who is required by writ of subpoena to attend any court with respect to any civil case, as a witness concerning any matter which is not related to the duties of such officer, shall be compensated as provided in Code Section 24-10-24."
PART II
Section 2-1. Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, is amended by striking Code Section 25-2-9, relating to certain law enforcement powers of personnel of the state fire marshal, and inserting in its place the following:
u~-tj, \SL)----A lie Stflte iWe lHCtP3ftu OP fiUfiy Or flttS fippOintCd Stftii fkPe ^Pfinted tilC
flutnopity &DU power wiiicn sfieptxiS1 hflve to niftKc tpp9t9 or Any persons vioifl11ng OP cftfipcd witn vioifltiii ftny ot tfte CPHHin&i statutes of 11119 suite feifttin^f to or9on. ~iTie state fire marshal or any ef his appointed staff shall immediately deliver the arrested
committed, i tie duty of trie sfteriii ts TO tiie person deliveFed to mm Dy ftny pepson mftKin &n CLPpest tinuep tins crispter snctii T&e tne sftme fts n tfte snenii no.ci mctoe tiie original arrest:
{b) Subject te the approval ef the Commissioner, the state fire marshal er any ef his deputies, assistants, ef inspectors are authorized te carry weapons m order te enforce this chapter. Reserved."
Section 2-2. Said Title 25 is further amended in Code Section 25-2-12, relating to powers and duties of local governing authorities, by striking paragraph (6) of subsection (a) and inserting in lieu thereof the following:
"(6) Every such local governing authority shall be responsible for investigating all cases of arson and other suspected incendiary fires within its jurisdiction, shall have the

MONDAY, MARCH 11, 1991

2117

duties and powers authorized by Code Sections 25-2-27, 25-2-28, and 25-2-29 in carrying out such responsibility, and shall submit quarterly reports to the state fire marshal containing fire-loss data regarding all fires within its jurisdiction. The state fire marshal director of the Georgia Bureau of Investigation shall have the authority to initiate any arson investigation upon request of any such local governing authority and he shall provide assistance to the requesting authority regarding any of the duties and responsibilities required by this paragraph."
Section 2-3. Said Title 25 is further amended in Code Section 25-2-12.1, relating to deputizing of local officials, by striking subsection (c) and inserting in lieu thereof the following:
"(c) (1) Prior to deputizing any local fire marshal, deputy local fire marshal, or state inspector, the state fire marshal shall examine the applicant's education, training, and employment experience to ascertain whether the applicant is qualified to perform duties in one or more of the following areas:
(A) Fire safety inspections; or (B) Review of plans and specifications} or . { ) Arses investigations. (2) If the state fire marshal is satisfied that the applicant is qualified, he shall recommend to the Commissioner that the applicant be deputized as a state officer to perform the appropriate duties on behalf of the state."
Section 2-4. Said Title 25 is further amended by striking Code Section 25-2-27, relating to arson investigation procedures, and inserting in lieu thereof the following:
"25-2-27. The state fire marshal or his deputy director and agents of the Georgia Bureau of Investigation, when in his opinion such proceedings are necessary, shall take the testimony on oath of all persons believed to be cognizant of or to have information or knowledge in relation to suspected arson and shall cause the testimony to be reduced to writing. If h the director or an agent of the Georgia Bureau of Investigation is of the opinion that there is evidence sufficient to charge any person with the crime of arson, he shall cause such person to be arrested in accordance with the law. He shall also furnish the district attorney of the circuit in which the fire occurred with all the information obtained by him in his investigation. The district attorney shall thereupon proceed according to law."
Section 2-5. Said Title 25 is further amended by striking Code Section 25-2-28, relating to subpoena powers, and inserting in lieu thereof the following:
\Si) -I n6 St-ftt/C I1PC IQflT9JQu OF tllC QCpUty StfltC
agents of the Georgia Bureau of Investigation shall have the power to summon and compel the attendance of witnesses before either or both of them, in any county in which the witness resides, to testify in relation to any matter which is designated by Code Section 25-2-27 as a subject of inquiry and to issue subpoenas to compel the production of all books, records, documents, and papers pertaining to such subject of inquiry. The state fife marshal and deputy state fi*e marshal director and agents of the Georgia Bureau of Investigation may also administer oaths and affirmations to persons appearing as witnesses before them. Any person summoned shall have the right of counsel at the hearing if he desires.
(b) Should any person fail to comply with this Code section, the state fi*e marshal or feis agent is director and agents of the Georgia Bureau of Investigation are authorized to procure an order from the superior court of the county in which the proposed witness resides, requiring compliance under the law."
Section 2-6. Said Title 25 is further amended by striking Code Section 25-2-33, relating to fire loss information reporting, and inserting in lieu thereof the following:
"25-2-33. (a) The state fire marshal, any deputy dcaignatcd by the state fire marshal, the director or any agent of investigation ef the Georgia Bureau of Investigation or the chief of a fire department of any municipal corporation or county where a fire department is established may request any insurance company investigating a fire loss of real or personal property to release any information in its possession relative to that

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loss. The company shall release the information to and cooperate with any official authorized to request such information pursuant to this Code section. The information to be released shall include, but is not limited to:
(1) Any insurance policy relevant to the fire loss under investigation and any application for such a policy;
(2) Policy premium payment records on the policy, to the extent available; (3) Any history of previous claims made by the insured for fire loss with the reporting carrier; and (4) Material relating to the investigation of the loss, including statements of any person, proof of loss, and any other relevant evidence. (b) If an insurance company has reason to suspect that a fire loss to its insured's real or personal property was caused by incendiary means, the company shall notify the state fife marshal director of the Georgia Bureau of Investigation and furnish him with all relevant material acquired by the company during its investigation of the fire loss. The insurer shall also cooperate with and take such action as may be requested of it by the state fire marshal's director's office or by any law enforcement agency of competent jurisdiction. The company shall also permit any person to inspect its records pertaining to the policy and to the loss if the person is authorized to do so by law or by an appropriate order of a superior court of competent jurisdiction. (c) In the absence of fraud or malice, no insurance company or person who furnishes information on its behalf shall be liable for damages in a civil action or subject to criminal prosecution for any oral or written statement made or any other action taken which is necessary to supply information required pursuant to this Code section. (d) The officials and departmental and agency personnel receiving any information furnished pursuant to this Code section shall hold the information in confidence until such time as its release is required pursuant to a criminal or civil proceeding, provided that nothing contained in this Code section shall be deemed to prohibit representatives ef- th state fife marshal's office agents of the Georgia Bureau of Investigation or other authorized law enforcement officials from discussing such matters with other agency or departmental personnel or with other law enforcement officials or from releasing or disclosing any such information during the conduct of their investigation, if the release or disclosure is necessary to enable them to conduct their investigation in an orderly and efficient manner; provided, further, that nothing contained in this Code section shall prohibit an insurance company which furnishes information to an authorized agency or agencies pursuant to this Code section from having the right to request relevant information and receive, within a reasonable time not to exceed 30 days, the information requested. (e) Any official referred to in subsection (a) of this Code section may be required to testify as to any information in his possession regarding the fire loss of real or personal property in any civil action against an insurance company for the fire loss in which any person seeks recovery under a policy. (f) (1) No person shall purposely refuse to release any information requested pursuant to subsection (a) of this Code section. (2) No person shall purposely refuse to notify the state fife marshal director of the Georgia Bureau of Investigation of a fire loss required to be reported pursuant to subsection (b) of this Code section. (3) No person shall purposely refuse to supply the state fife marshal director of the Georgia Bureau of Investigation with pertinent information required to be furnished pursuant to subsection (b) of this Code section. (4) No person shall purposely fail to hold in confidence information required to be held in confidence by subsection (d) of this Code section. (g) Any person willfully violating this Code section shall be guilty of a misdemeanor."
Section 2-7. Said Title 25 is further amended by striking Code Section 25-2-33.1, relating to arson reporting, and inserting in lieu thereof the following:
"25-2-33.1. (a) The fire department of each county and municipality and any other organized fire department operating within this state shall report every incident or suspected incident of arson to the local law enforcement agency, the state fife marshal

MONDAY, MARCH 11, 1991

2119

director of the Georgia Bureau of Investigation, and every insurance company with a known pecuniary interest in the cause of the fire in which arson is involved or suspected to be involved. In any local jurisdiction where an organized fire department is not operating, the local law enforcement agency investigating a fire shall make the reports required by this Code section. Such reports shall be made on forms provided for that purpose by the state fire marshal director of the Georgia Bureau of Investigation.
(b) Any insurance company which has received a report of an incident or suspected incident of arson under subsection (a) of this Code section shall not pay any claim relating thereto prior to notifying in writing the state fire marshal director of the Georgia Bureau of Investigation and local fire department of the date the claim is to be paid."
Section 2-8. Said Title 25 is further amended by striking Code Section 25-2-34, relating to interagency cooperation, and inserting in lieu thereof the following:
"25-2-34. The Georgia Bureau of Investigation, acting through the Arson Unit of its Investigation Division, shall have primary responsibility for arson enforcement at the state level. The Department of Public Safety, the Georgia State Patrol, and the Georgia Bureau ef Investigation Commissioner shall cooperate with the Commissioner aed tas deputies and inspectors Georgia Bureau of Investigation whenever called upon by him e them in enforcing this chapter. They shall make available te the Commissioner er his
deputies 811 d lH3p6CtOl?9 SUCfl I8C1 lilies dS 116 QC*CCtOFS> DFO fid CflS ll H[ IflCllltieS, fluQ Oilier
aid ad devices as requested."
Section 2-9. Said Title 25 is further amended by striking Code Section 25-2-35, relating to payments to local law enforcement agencies, and inserting in lieu thereof the following:
i&D-^i-oOt 1 tic Oommissionep ts &utfiofized to ptiy siieniis &nd owier pesce oiticers
erigift ef fires ad apprehending persons guilty ef- arson. Reserved."
Section 2-10. Said Title 25 is further amended in Code Section 25-6-4, relating to cooperative pacts for emergency fire services, by striking subsection (b) and inserting in lieu thereof the following:
"(b) Any pact established under authority of this chapter is charged with the responsibility of establishing an overall plan or plans for carrying out the intended purpose and other provisions of this chapter. No pact may be established unless it complies with this chapter. Within the limits of funds available to it, the pact may acquire and operate property and equipment, including, but not limited to, a dispatch center and a communications center; and it may extend the advantages of group purchasing and benefits to jurisdictions that are members of the pact. Member jurisdictions shall adopt the training programs of the Georgia Fire Academy in order to ensure a basic standardization of operations and philosophy; this requirement shall not be construed as limiting the training practices or requirements of any jurisdiction, as it is intended that the programs of the Georgia Fire Academy be used to supplement the training practices and requirements of member jurisdictions. The pact shall cooperate with other state and federal agencies and with civil defense authorities on all levels. The state fire marshal may render advice, recommendations, and assistance to a pact, upon request. Members of a pact shall cooperate with the state fire marshal Georgia Bureau of Investigation on matters relating to fire investigations and the enforcement of the arson statutes of the state."
PART III
Section 3-1. Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended in Code Section 35-2-43, relating to eligibility for appointment to the Uniform Division of the Department of Public Safety, by striking subsection (b) and inserting in lieu thereof the following:
"(b) Applicants for appointment to the Uniform Division of the Department of Public Safety shall possess a high school education or its equivalentj shall have completed 90 quarter hours or its semester equivalent in any accredited college or university or five

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years' experience as a certified law enforcement officer or two years as a license examiner, radio operator, or cadet trooper in the Department of Public Safety, and shall pass a mental and physical examination based upon the rules and regulations promulgated by the commissioner of public safety, which requirements may not be changed within 12 months of any examination for employment of recruits or cadets, troopers, or officers."
Section 3-2. Said Title 35 is further amended in Code Section 35-2-48, relating to the State Patrol Disciplinary Board, by striking subsection (a) and inserting in lieu thereof the following:
"(a) The State Patrol Disciplinary Board shall be composed of the commanding officer or his designee as chairman and six sworn members of equal or greater rank than the individual being charged appointed by the commissioner; provided, however, that, when charges are preferred against an employee of the Department of Public Safety other than a member of the Uniform Division, the State Patrol Disciplinary Board shall be composed of the commanding officer or his designee as chairman and six employees of the Department of Public Safety appointed by the commissioner. The State Patrol Disciplinary Board shall be appointed as needed and the members of such board shall serve at the pleasure of the commissioner."
Section 3-3. Said Title 35 is further amended by adding immediately after Code Section 35-3-4 a new Code Section 35-3-4.1 to read as follows:
"35-3-4.1. (a) There shall be established within the Investigations Division of the Georgia Bureau of Investigation an Arson Unit. The Georgia Bureau of Investigation, acting through the Arson Unit of its Investigations Division, shall have primary responsibility for arson enforcement at the state level. In carrying out such responsibility the bureau and its officers and agents shall have the powers and duties specifically provided for in Chapter 2 of Title 25 as well as the general powers and duties specified in this article and other relevant provisions of law.
(b) Upon the effective date of this Code section, certain personnel of the state fire marshal's office shall be transferred to the Georgia Bureau of Investigation as agents of the Arson Unit of the Investigations Division. Such transfer shall not be considered to be a break in service for purposes of the State Merit System of Personnel Administration or any state funded employee benefits. The personnel so transferred shall be those persons employed immediately prior to the effective date of this Code section in the office of the state fire marshal in the following position classes: Fire Investigator, Sr.; Fire Scene Investigator; and Fire Scene Supervisor Assistant.
(c) Appropriations for carrying out state-level responsibilities for arson enforcement shall be transferred to the Georgia Bureau of Investigation as provided for in Code Section 45-12-90."
PART IV
Section 4-1. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, except that Sections 3-1 and 3-2 of this Act shall become effective July 1, 1991.
Section 4-2. All laws and parts of laws in conflict with this Act are repealed.

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, by substitute, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken
Alford Atkins

Y Baker Y Balkcom Y Barfoot Y Bargeron
Barnett.B

Y Barnett.M Bates
Y Beatty Y Benefield Y Birdsong

Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove

Y Brooks Y Brown Y Brush Y Buck Y Buckner

MONDAY, MARCH 11, 1991

2121

YByrd Y Campbell Y Canty Y Carrell Y Carter Y Chafin
Chambless Y Cheeks Y Childers Y Clark,E Y Clark.H Y Clark,L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B
Cummings,M Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S YDobbs Y Dover
Dunn Y Edwards
Y Elliott Felton
Y Fennel Y Floyd,J.M

Y Floyd,J.W Y Flynt YGodbee Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y HarrisJ Y Heard
Henson Y Herbert Y Hightower Y Holland
Holmes Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson
Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein

YLadd Y Lane,D Y Lane.R Y Langford
Y Lawrence Y Lawson YLee YLong YLord
Y Lucas Lupton
YMann Y Martin YMcCoy Y McKelvey
McKinney,B McKinney.C Y Meadows Y Merritt YMilam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y 01iver,M
YOrr
Orrock
Padgett

Y Parham Y Parrish Y Patten Y Pelote
Perry Y Pettit Y Pinholster
Pinkston
Poag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell
Randall
YRay Y Reaves
Y Redding Ricketaon
Y Royal Selman
Y Sherrill
Y Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith.P
Smith.T Y Smith,W Y Smyre
Snow

Y Stancil.F Y Stancil.S Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert
Townsend Turnquest Y Twiggs Y Valenti Y Vaughan Walker.J Y Walker.L Y Wall Y Ware Watson
Y Watts White
Y Wilder Y Williams,B
Williams,J Williams.R Y Yeargin Murphy ,Spkr

On the passage of the Bill, by substitute, the ayes were 148, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Padgett of the 86th and Snow of the 1st stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

SR 233. By Senator Echols of the 6th:
A resolution commending Mr. Roger E. James and designating the Roger E. James Bridge.

The following Committee substitute was read and adopted:

A RESOLUTION
Commending Mr. Roger E. James and designating the Roger E. James Bridge and honoring Mr. J. Truman Holmes and designating the J. Truman Holmes Bridge; and for other purposes.
WHEREAS, Mr. Roger E. James is a lifelong resident of Clinch County, Georgia; and
WHEREAS, a committed conservationist, Mr. James is the owner and operator of Air Growers, a company which plants pine trees, and Mr. James has been responsible for planting more pine trees in this state than any other man, and the benefit he has brought both to the ecology and to the economy of this state is immeasurable; and
WHEREAS, he is widely regarded among those who know him as not only a successful businessman and conservationist, but also as a fine person and a good friend to have; and
WHEREAS, it is abundantly fitting and proper that an appropriate monument should be dedicated to this distinguished Georgian.

2122

JOURNAL OF THE HOUSE,

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body commend Mr. Roger E. James for his many achievements and contributions to his community and state.
BE IT FURTHER RESOLVED that the bridge over Suwannoochee Creek on State Road 37 in Clinch County, Georgia, is named and designated as the Roger E. James Bridge.
WHEREAS, J. Truman Holmes, the son of Will and Martha Burch Holmes, was born on February 23, 1897, near Hiawassee, Georgia; and
WHEREAS, he attended school at Macedonia and the Hiawassee Academy; and
WHEREAS, during the depression, he joined the Civil Conservation Corps and helped build the rock tower on Brasstown Bald; and
WHEREAS, Mr. Holmes was employed by the State of Georgia as a prison guard and later as a game warden in the Lake Chatuge area for approximately 20 years; and
WHEREAS, Mr. Holmes and his lovely wife, Stella Brown Holmes, had seven children, four of whom served in World War II and the Korean War; and
WHEREAS, Mr. and Mrs. Holmes were one of the most respected and best-loved couples in the Towns County area and did much to contribute and preserve the mountain way of life; and
WHEREAS, in recognition of his many contributions to his community and state, it is only fitting and proper that this state perpetuate his name in an appropriate fashion.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge over the Hiawassee River on U.S. Highway 76 in Towns County, Georgia, is designated the J. Truman Holmes Bridge.
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs at appropriate locations designating the Roger E. James Bridge and the J. Truman Holmes Bridge.
BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to Mr. Roger E. James and to the family of Mr. J. Truman Holmes.

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, by substitute, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken
Alford Y Atkins Y Baker
Y Balkcom Y Barfoot Y Bargeron
Barnett.B Y Barnett,M
Bates Y Beatty Y Benefield Y Birdsong Y Blitch
Bordeaux Y Bostick Y Branch

Y Breedlove Brooks
Y Brown Brush
Y Buck Y Buckner
Y Byrd Y Campbell Y Canty Y Carrell
Carter Y Chafin
Chambless Y Cheeks Y Childers Y Clark.E Y Clark.H Y Clark.L Y Coker

Coleman Colwell Connell Y Culbreth Y Cummings.B Cummings.M
Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Y Edwards Y Elliott
Felton Y Fennel
Floyd,J.M Y Floyd,J.W

Y Flynt Y Godbee
Golden Y Goodwin Y Green Y Greene
Y Griffin Y Groover Y Hamilton Y Hammond Y Banner Y Harris,B Y Harris.J Y Heard
Henson Y Herbert Y Hightower Y Holland
Holmes

Y Howard Hudson
Y Irwin Y Jackson Y Jamieson Y Jenkins
Y Jones Y Kilgore Y King Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R Y Langford
Lawrence Y Lawson Y Lee Y Long

MONDAY, MARCH 11, 1991

2123

YLord Y Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney,B
McKinney,C Meadows Y Merritt YMilam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie

Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote
Perry Y Pettit Y Pinholster
Pinkston YPoag
Porter Y Poston

Y Powell,A Powell.C
Y Purcell Randall
YRay Y Reaves Y Redding Y Ricketson Y Royal
Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith,L Y Smith,P
Smith.T

Y Smith.W Y Smyre Y Snow Y Stancil,F Y Stancil,S Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M
Y Thomas.N Y Thurmond Y Titus Y Tolbert
Townsend

Y Turnquest Y Twiggs
Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall Y Ware
Y Watson Y Watts
White Y Wilder
Y Williams.B Williams,J Williams.R
Y Yeargin Murphy.Spkr

On the adoption of the Resolution, by substitute, the ayes were 143, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

SB 176. By Senator Broun of the 46th:
A bill to amend Chapter 6 of Title 45 of the Official Code of Georgia Annotated, relating to powers and duties of public officers and employees, so as to revise the method in which certain state officials provide certain annual reports to members of the General Assembly.

The following substitute, offered by Representative Stephens of the 68th, was read and adopted:

A BILL
To amend Chapter 6 of Title 45 of the Official Code of Georgia Annotated, relating to powers and duties of public officers and employees, so as to revise the method in which certain state officials provide certain annual reports to members of the General Assembly; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 6 of Title 45 of the Official Code of Georgia Annotated, relating to powers and duties of public officers and employees, is amended by striking Code Section 45-6-4, relating to mailing annual reports to members of the General Assembly, and inserting in its place a new Code Section 45-6-4 to read as follows:
"45-6-4. Each state official directed by law to file an annual report shall send by inter-office mail a copy ef such notification that such report is available upon request to each member of the General Assembly at his herae address legislative office at the state capitol, on or before June 1 of each year."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken
Alford

Y Atkins Y Baker Y Balkcom Y Barfoot

Y Bargeron Barnett.B
Y Barnett.M Y Bates

Y Beatty Y Benefield Y Birdsong Y Blitch

Y Bordeaux Y Bostick Y Branch Y Breedlove

2124

JOURNAL OF THE HOUSE,

Y Brooks Brown
Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark,H Y Clark,L Y Coker
Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B
Cummings,M Y Davis.G Y Davis,M Y Dixon.H Y DhH>n,S YDobbs Y Dover
Dunn Y Edwards

Y Elliott Y Felton Y Fennel
Floyd,J.M Y Floyd,J.W YFlynt
YGodbee Y Golden YGoodwin Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harria.B Y Harris,J
Y Heard Y Henson Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore

YKing Y Kingston Y Klein YLadd YLane,D YLane,R
Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas
Lupton YMann Y Martin Y McCoy
Y McKelvey McKinney.B McKinney.C
Y Meadows Y Merritt YMilam
Y Mills Y Mobley
Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
YOrr

Orrock Y Padgett YParham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston
YPoag Porter
Y Poston Y Powell,A
Powell,C Y Purcell
Randall
YRay Y Reaves Y Redding Y Ricketson Y Royal
Selman Y Sherrill Y Simpson Y Sinkfield
Skipper Y Smith.L Y Smith,P Y Smith.T Y Smith,W YSmyre

YSnow Y Stancil.F Y Stancil,S Y Stanley Y Stephens Y Streat Y Taylor YTeper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert
Townsend Y Turnquest YTwiggs Y Valenti Y Vaughan Y WaIker,J Y Walker,L Y Wall Y Ware Y Watson
Y Watts White
Y Wilder Y Williams.B
WilliamsJ Williams.R Y Yeargin Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 157, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

SB 123. By Senator Thompson of the 33rd:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, so as to change definitions; to redefine child welfare agency; to change the provisions relating to approval and inspections of family boarding homes, foster family homes, and family day-care homes approved, supervised, and used by child welfare agencies; to authorize periodic, in lieu of annual, reports from child welfare agencies.

The report of the Committee, which was favorable to the passage of the Bill, was to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken
Alford
Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron
Barnett.B Y Barnett.M
Bates Y Beatty Y Benefteld Y Birdsong Y Blitch Y Bordeaux Y Bostick

Y Branch Y Breedlove Y Brooks Y Brown Y Brush
YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark,H

Y ClarkJL Y Coker Y Coleman
Colwell Connell Y Culbreth Y Cummings,B Cummings,M Y Davis.G Y Davis,M Dixon.H
Y Dixon,S YDobbs Y Dover
Dunn Y Edwards Y Elliott
Felton

Y Fennel Floyd,J.M
Y Floyd,J.W
Y Flynt YGodbee Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Hanner Y Harris.B Y Harris,J
Y Heard Y Henson

Y Herbert Y Hightower Y Holland
Y Holmes Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane,D Y Lane.R

MONDAY, MARCH 11, 1991

2125

Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas
Lupton YMann
Martin
Y McCoy Y McKelvey
McKinney,B McKinney.C Y Meadows Y Merritt
YMilam Y Mills

Y Mobley Moody
Y Morsberger Y Moultrie
Y Mueller Y Oliver.C Y Oliver.M
YOrr Orrock
Y Padgett
Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston

YPoag Porter
Y Poston Y Powell,A Y Powell,C Y Purcell
Randall YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L

Y Smith,? Y Smith.T Y Smith,W YSmyre YSnow Y Stancil.F Y Stancil.S Y Stanley Y Stephens Y Streat Y Taylor
Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert

Townsend Y Turnquest
Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall Y Ware Y Watson Y Watts
White Y Wilder Y Williams.B
Williams.J Y Williams.R
Yeargin Murphy,Spkr

On the passage of the Bill, the ayes were 153, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Lane of the 27th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1020 Do Pass
Respectfully submitted, /a/ Lane of the 27th
Chairman

By unanimous consent, the following Bill of the House was taken up for consideration and read the third time:

HB 1020.

By Representatives Padgett of the 86th, Cheeks of the 89th, Brown of the 88th, Howard of the 85th, Williams of the 90th and others:
A bill to amend an Act establishing the compensation of certain officials in Richmond County, so as to authorize the governing authority of Richmond County to increase the compensation of said officials.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

Under the general order of business, established by the Committee on Rules, the following Resolution of the Senate was taken up for consideration and read the third time:

SR 235. By Senator Huggins of the 53rd: A resolution designating the Lyle Jones Parkway.

2126

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken
Alford
Y Atkins Y Baker Y Balkcom
Y Barfoot Bargeron
Y Barnett,B Y Barnett.M
Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown
Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Chafm Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.H

Y Clark,L Y Coker Y Coleman
Y Colwell Connell
Y Culbreth Y Cummings,B
Cummings,M Y Davis.G Y Davis.M Y Dixon.H Y Diion.S Y Dobbs Y Dover YDunn Y Edwards Y Elliott Y Felton Y Fennel
Floyd.J.M Y Floyd,J.W YFlynt
Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Hanner Y Harris.B Y Harris,J Y Heard Y Henson

Y Herbert Y Hightower
Y Holland Y Holmes Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins
Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane,D Y Lane,R Y Langford
Lawrence Y Lawson YLee YLong YLord Y Lucas
Lupton YMann
Martin Y McCoy Y McKelvey
McKinney,B McKinney.C Y Meadows Y Merritt YMilam Y Mills

Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
YOrr Orrock
Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag
Porter Y Poston Y Powell,A Y Powell.C Y Purcell
Randall YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L

Y Smith.P Y Smith,T Y Smith,W YSmyre YSnow Y Stancil.F Y Stancil.S Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C
Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert
Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall Y Ware Y Watson Y Watts
White Y Wilder Y Williams.B
Williams.J Y Williams.R Y Yeargin
Murphy.Spkr

On the adoption of the Resolution, the ayes were 159, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

The Speaker assumed the Chair.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker: The Senate insists on its substitute to the following Bill of the House:

HB 63. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st, Adams of the 79th and Morsberger of the 62nd:
A bill to amend Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to driving under the influence of alcohol or drugs, so as to provide for publication of the name, address, and photograph of each person convicted of driving under the influence of alcohol or drugs.
The Senate has disagreed to the House substitute to the following Bill of the Senate:

MONDAY, MARCH 11, 1991

2127

SB 39. By Senators Turner of the 8th, Deal of the 49th, Broun of the 46th and others:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Fair Business Practices Act of 1975," so as to prohibit merchants from requiring a purchaser's telephone number as a condition of purchase when payment for the transaction is made by credit card.

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was again taken up for consideration:

SB 22. By Senator Kidd of the 25th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for the regulation of campaign literature under the "Ethics in Government Act"; to provide for identification requirements; to require certain authorization for the endorsing, circulating, or publishing of campaign material; to repeal Code Sections 21-2-415 and 21-3-322, relating to identification requirements of certain campaign literature.

The following Committee substitute was read:

A BILL
To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for the regulation of campaign literature under the "Ethics in Government Act"; to provide for identification requirements; to require certain authorization for the endorsing, circulating, or publishing of campaign material; to provide for enforcement; to repeal Code Sections 21-2-415 and 21-3-322, relating to identification requirements of certain campaign literature; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking Code Section 21-2-415, relating to identification requirements of certain campaign literature, which reads as follows:
"21-2-415. (a) No person shall distribute, circulate, disseminate, or publish or cause to be distributed, circulated, disseminated, or published any literature in connection with any political campaign for any public office or question unless such literature shall bear the name and address of the person or organization distributing, circulating, disseminating, publishing, or causing the same to be distributed, circulated, disseminated, or published. To be in compliance with this subsection when an organization rather than a natural person commits any of the acts enumerated in this subsection, the names and addresses of at least three of the highest officials thereof shall also appear thereon. No candidate whose campaign is the subject of any campaign literature shall contribute funds to defray the cost or a portion of the cost of the printing, publishing, distribution, circulation, or dissemination of such literature unless the literature clearly states that the cost or a portion thereof has been paid for by the candidate. Campaign literature published and disseminated by the candidate himself, bearing his name and the office for which he is a candidate, shall be considered as in compliance with this subsection.
(b) No person shall use the name or any colorable imitation of the name of an existing person or organization for the purposes of endorsing, circulating, or publishing campaign material without the authorization of such person or organization. As used in this subsection, the term 'any colorable imitation' means any name purposefully used with the intention of the user that a person reading such name will be misled into believing that such campaign material is being endorsed, circulated, or published by a person or organization other than the true endorser, circulator, or publisher.

2128

JOURNAL OF THE HOUSE,

(c) Any person who violates this Code section shall be guilty of a misdemeanor.", and inserting in its place the following:
"21-2-415. Reserved."
Section 2. Said title is further amended by striking Code Section 21-3-322, relating to identification requirements of certain campaign literature, which reads as follows:
"21-3-322. (a) No person shall distribute, circulate, disseminate, publish, or cause to be distributed, circulated, disseminated, or published any literature in connection with any political campaign for any public office or question, unless such literature shall bear the name and address of the person or organization distributing, circulating, disseminating, publishing, or causing the same to be distributed, circulated, disseminated, or published. To be in compliance with this Code section, when an organization rather than a natural person commits any of the above acts, the names and addresses of at least three of the highest officials thereof shall also appear thereon. No candidate whose campaign is the subject of any campaign literature shall contribute funds to defray the cost or a portion of the cost of the printing, publishing, distribution, circulation, or dissemination of such literature unless the literature clearly states that the cost or a portion thereof has been paid for by the candidate. Campaign literature published and disseminated by the candidate himself, bearing his name and the office for which he is a candidate, shall be considered as in compliance with this Code section.
(b) No person shall use the name, or any colorable imitation of the name, of an existing person or organization for the purposes of endorsing, circulating, or publishing campaign material, without the authorization of such person or organization. For the purposes of this Code section, the term 'any colorable imitation' shall mean any name purposefully used with the intention of the user that a person reading such name will be misled into believing that such campaign material is being endorsed, circulated, or published by a person or organization other than the true endorser, circulator, or publisher.
(c) Any person who violates any provision of this Code section shall be guilty of a misdemeanor.", and inserting in its place the following:
"21-3-322. Reserved."
Section 3. Said title is further amended by adding a new Code section providing for the regulation of campaign literature at the end of Article 1 of Chapter 5, relating to general provisions under the "Ethics in Government Act," to be designated Code Section 21-5-11, to read as follows:
"21-5-11. (a) No person shall distribute, circulate, disseminate, or publish or cause to be distributed, circulated, disseminated, or published any literature in connection with any political campaign for any public office or question unless such literature shall bear the name and address of the person or organization distributing, circulating, disseminating, publishing, or causing the same to be distributed, circulated, disseminated, or published. To be in compliance with this subsection when an organization rather than a natural person commits any of the acts enumerated in this subsection, the names and addresses of at least three of the highest officials thereof shall also appear thereon. No candidate whose campaign is the subject of any campaign literature shall contribute funds to defray the cost or a portion of the cost of the printing, publishing, distribution, circulation, or dissemination of such literature unless the literature clearly states that the cost or a portion thereof has been paid for by the candidate. Campaign literature published and disseminated by the candidate himself, bearing his name and the office for which he is a candidate, shall be considered as in compliance with this subsection.
(b) No person shall use the name or any colorable imitation of the name of an existing person or organization for the purposes of endorsing, circulating, or publishing campaign material without the authorization of such person or organization. As used in this subsection, the term 'any colorable imitation' means any name purposefully used with the intention of the user that a person reading such name will be misled into believing that such campaign material is being endorsed, circulated, or published by a person or organization other than the true endorser, circulator, or publisher.

MONDAY, MARCH 11, 1991

2129

(c) The commission shall be vested with the authority to enforce compliance with the provisions of this Code section.
(d) A violation of any provision of this Code section shall not be subject to Code Section 21-5-9. Compliance with the provisions of this Code section shall be enforced pursuant to paragraph (14) of subsection (b) of Code Section 21-5-6."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Redding of the 50th moved that SB 22 be placed upon the table. On the motion, the roll call was ordered and the vote was as follows:

N Abernathy N Adams Y Aiken
Alford Y Atkins Y Baker Y Balkcom N Barfoot Y Bargeron N Barnett,B Y Barnett,M N Bates N Beatty N Benefield N Birdsong Y Blitch N Bordeaux Y Bostick Y Branch N Breedlove N Brooks Y Brown Y Brush YBuck N Buckner YByrd N Campbell N Canty Y Carrell Y Carter N Chafin
Chambless N Cheeks Y Childers Y Clark,E Y Clark,H

Y Clark,L Y Coker
Coleman Colwell
Y Connell Y Culbreth N Cummings.B
Y Cummings.M Y Davis.G Y Davis,M
Y Dixon,H Y Diion,S N Dobbs
Dover Dunn Y Edwards N Elliott Y Felton N Fennel Y Floyd,J.M N Floyd,J.W Y Flynt
Y Godbee N Golden N Goodwin Y Green Y Greene Y Griffin
Y Groover Hamilton
Y Hammond Y Hanner Y Harris.B Y Harris,J Y Heard
Henson

N Herbert Y Hightower N Holland
N Holmes Howard
Y Hudson Ylrwin N Jackson Y Jamieson
Jenkins
Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd
Y Lane,D YLane,R Y Langford
Y Lawrence Y Lawson
YLee YLong YLord Y Lucas
Lupton YMann N Martin
YMcCoy N McKelvey Y McKinney.B Y McKinney.C Y Meadows N Merritt YMilam Y Mills

On the motion, the ayes were 112, nays 45. The motion prevailed.

Y Mobley Y Moody Y Morsberger
N Moultrie N MueUer Y Oliver.C N Oliver.M YOrr
Orrock
Y Padgett YParham
Y Parrish Y Patten N Pelote N Perry N Pettit
Pinholster Y Pinkston YPoag
Porter Poston N Powell,A Y Powell.C Y Purcell Randall YRay
Y Reaves Y Redding Y Ricketson
Y Royal N Selman
Sherrill Y Simpson Y Sinkfield N Skipper Y Smith,L

N Smith,? Y Smith.T Y Smith.W Y Smyre Y Snow Y Stancil.F
Y Stancil.S Y Stanley Y Stephens Y Streat N Taylor N Teper
Thomas.C Thomas.M Y Thomas.N Thurmond Y Titus N Tolbert Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J N Walker,L Y Wall Y Ware Y Watson Y Watts Y White Y Wilder N Williams.B Williams,J Y Williams,R Y Yeargin Murphy.Spkr

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 63. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st, Adams of the 79th and Morsberger of the 62nd:
A bill to amend Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to driving under the influence of alcohol or drugs, so as to provide for publication of the name, address, and photograph of each person convicted of driving under the influence of alcohol or drugs.

Representative Parham of the 105th moved that the House insist on its position in disagreeing to the Senate substitute to HB 63 and that a Committee of Conference be

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JOURNAL OF THE HOUSE,

appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Parham of the 105th, Groover of the 99th and Barnett of the 10th.

By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Banks and Banking and referred to the Committee on Special Judiciary:

SB 131. By Senator Burton of the 5th:
A bill to amend Code Section 16-9-20 of the Official Code of Georgia Annotated, relating to issuance of bad checks, so as to change the definition of the term "present consideration".

The following Resolutions of the House were read and adopted:

HR 501. By Representatives Colwell of the 4th, Murphy of the 18th, Dover of the llth, Dobbs of the 74th, Fennel of the 155th and others:
A resolution commending Honorable Ralph Twiggs on the occasion of his birthday.

HR 502. By Representative Cheeks of the 89th: A resolution commending Tom Moraetes.

HR 503. By Representative McKinney of the 35th: A resolution commending the SEC Championship Game Task force.

HR 504. By Representatives Chambless of the 133rd, White of the 132nd, Cummings of the 134th and Balkcom of the 140th:
A resolution expressing regret at the passing of Robert E. "Bob" McCormack, Jr.

HR 505. By Representative Golden of the 148th: A resolution honoring Honorable James Beck.

HR 506. By Representatives Canty of the 38th, McKinney of the 35th, McKinney of the 40th, Redding of the 50th, Felton of the 22nd and others:
A resolution commending Gordon M. Sherman.

HR 507. By Representatives Canty of the 38th, McKinney of the 35th, Holmes of the 28th, Davis of the 29th, McKinney of the 40th and others:
A resolution commending and recognizing Mrs. Loretta Anne Clark on the occasion of her retirement.

MONDAY, MARCH 11, 1991

2131

HR 508. By Representatives Canty of the 38th, McKinney of the 35th, Holmes of the 28th, Davis of the 29th, Thurmond of the 67th and others:
A resolution commending Reverend Clinton M. Marsh.

HR 509. By Representatives Orrock of the 30th, Teper of the 46th, Brooks of the 34th, Valenti of the 52nd and McKinney of the 40th:
A resolution recognizing Susan Robinson and Mark Mori.

HR 510. By Representative Coker of the 21st:
A resolution commending and recognizing Mr. Forrest E. Jarrett on the occasion of his retirement.

Representative Lord of the 107th District, Chairman of the Committee on Defense & Veterans Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Defense & Veterans Affairs has had under consideration the following Resolution of the Senate and has instructed me to report the same back to the House with the following recommendation:
SR 213 Do Pass
Respectfully submitted, Is/ Lord of the 107th
Chairman

Representative Kilgore of the 42nd District, Chairman of the Committee on Education, submitted the following report:

Mr. Speaker:
Your Committee on Education has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 217 Do Pass, by Substitute SB 396 Do Pass
Respectfully submitted, M Kilgore of the 42nd
Chairman

Representative Balkcom of the 140th District, Chairman of the Committee on Game, Fish & Parks, submitted the following report:

Mr. Speaker:
Your Committee on Game, Fish & Parks has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 374 Do Pass, by Substitute
Respectfully submitted, /s/ Balkcom of the 140th
Chairman

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JOURNAL OF THE HOUSE,

Representative Childers of the 15th District, Chairman of the Committee on Health & Ecology, submitted the following report:

Mr. Speaker:
Your Committee on Health & Ecology has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 294 Do Pass SB 299 Do Pass, by Substitute
Respectfully submitted, /a/ Childers of the 15th
Chairman

Representative Smyre of the 92nd District, Chairman of the Committee on Industrial Relations, submitted the following report:

Mr. Speaker:
Your Committee on Industrial Relations has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 323 Do Pass
Respectfully submitted, /s/ Smyre of the 92nd
Chairman

Representative Thomas of the 69th District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:

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

HB 354 Do Pass, by Substitute SB 54 Do Pass SB 57 Do Pass, by Substitute SB 58 Do Pass, by Substitute

SB 88 Do Pass SB 93 Do Pass, by Substitute SB 184 Do Pass, by Substitute SB 243 Do Pass, by Substitute

Respectfully submitted,
/s/ Thomas of the 69th Chairman

Representative Parham of the 105th District, Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:

MONDAY, MARCH 11, 1991

2133

SB 113 Do Pass SB 81 Do Pass

SB 312 Do Pass, by Substitute ,. SB 230 Do Pass
Respectfully submitted, /s/ Parham of the 105th
Chairman

Representative Dixon of the 151st District, Chairman of the Committee on Regulated Beverages, submitted the following report:

Mr. Speaker:
Your Committee on Regulated Beverages has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 389 Do Pass, by Substitute
Respectfully submitted, /s/ Dixon of the 151st
Chairman

Representative Lane of the 27th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:
Your Committee on State Planning & Community Affairs has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 67 Do Pass, by Substitute SB 300 Do Pass
Respectfully submitted, /s/ Lane of the 27th
Chairman

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker: The Senate insists on its substitute to the following Bill of the House:

HB 272. By Representative Pettit of the 19th:
A bill to amend Chapter 11 of Title 25 of the Official Code of Georgia Annotated, known as the "Georgia Fire Sprinkler Act," so as to change the definition of the terms "fire protection sprinkler system" and "water-spray system"; to provide that the installation or repair of any underground facilities or piping which connects to and furnishes water for the fire protection sprinkler system or water-spray system shall be performed only by a utility contractor or fire protection sprinkler contractor.
The Senate has disagreed to the House substitute to the following Bill of the Senate:

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JOURNAL OF THE HOUSE,

SB 87. By Senator Steinberg of the 42nd:
A bill to amend Code Section 31-33-2 of the Official Code of Georgia Annotated, relating to furnishing a patient's medical records, so as to provide for access to a patient's medical records by the state long-term care ombudsman or the Department of Human Resources under certain conditions.
The Senate has agreed to the House substitute by Senate substitute to the following Bill of the Senate:

SB 413. By Senators Phillips of the 9th and White of the 48th:
A bill to amend an Act creating the board of commissioners of Gwinnett County, as amended, so as to change the organization of the governing authority of Gwinnett County; to provide for a county chairman elected county wide and a board of commissioners consisting of seven members elected from commissioner districts at the general election of 1992 and thereafter.
The Senate insists on its amendments to the following Bill of the House:

HB 245. By Representatives Jackson of the 9th, Parham of the 105th, Harris of the 84th and Barnett of the 10th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to comprehensively revise, reorganize, modernize, consolidate, and clarify the laws relative to registration and licensing and certificates of title for motor vehicles, drivers' licenses, equipment and inspection of motor vehicles, reporting of accidents, prosecution of traffic offenses, and the use of radar speed detection devices.
The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House:

HB 63. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st, Adams of the 79th and Morsberger of the 62nd:
A bill to amend Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to driving under the influence of alcohol or drugs, so as to provide for publication of the name, address, and photograph of each person convicted of driving under the influence of alcohol or drugs.
The President has appointed on the part of the Senate the following:
Senators Robinson of the 16th, Dawkins of the 45th and Echols of the 6th.
The Senate insists on its substitute to the following Bill of the House:

HB 70. By Representatives Thomas of the 69th and Groover of the 99th:
A bill to amend Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to cases in which an application for an appeal is required, so as to change the provisions relating to appeals in actions for damages in which the judgement is less than a certain dollar amount.

Representative Walker of the 115th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

TUESDAY, MARCH 12, 1991

2135

Representative Hall, Atlanta, Georgia Tuesday, March 12, 1991

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
The roll was called and the following Representatives answered to their names:

Adams
Aiken Alford Atkins
Balkcom Barfoot
Bargeron Barnett.B Barnett.M Bates Beatty Benefield Birdsong Blitch
Bordeaux
Bostick
Branch Breedlove
Brooks
Brown Brush
Buck
Buckner Byrd Campbell Canty Carrell Carter Chafm Chambless Cheeks Childers

Clark,E Clark.H Clark,L Coker Colwell Connell Culbreth Cummings,B Davis,G Davis.M Diion.H Dixon.S Dobbs Dover Dunn Edwards Elliott Fennel Floyd,J.M
Floyd,J.W
Flynt
Godbee
Golden
Goodwin
Green
Greene Griffin
Hamilton
Hammond
Harris.B
Harris,J

Heard Henson Hightower Holland
Howard Hudson Irwin Jackson Jenkins Jones Kilgore
King Kingston Klein Ladd Lane.D Lane.R Langford Lawrence
Lawson
Long
Lord
Mann
McCoy
McKelvey
McKinney.C
Meadows
Merritt
Milam
Mills
Mobley

Moody Morsberger Moultrie Mueller Oliver.C Oliver.M
Orr
Orrock Padgett
Par ham Parrish Patten Pelote Perry Pettit Pinholster
Poag Poston Powell,A
Powell.C
Purcell
Ray
Reaves
Redding
Ricketson
Royal
Selman
Sherrill
Simpson
Sinkfield
Smith.L

Smith.P Smith.T Smith.W Smyre Snow Stancil,F Stancil,S Stanley Stephens Streat Taylor Teper Thomas.M Thomas.N Thurmond Titus Tolbert Turnquest Twiggs
Valenti Vaughan
Walker,J
Wall
Ware
Watts White
Wilder
Williams.B
Williams.R
Yeargin
Murphy,Spkr

Prayer was offered by the Reverend Charles R. Hasty, Pastor, First Presbyterian Church, Athens, Georgia.

The members pledged allegiance to the flag.

Representative Bargeron of the 108th, Chairman of the Committee on Journals, 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.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.

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JOURNAL OF THE HOUSE,

4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

By unanimous consent, the following Bills of the House were introduced, read the first time and referred to the committees:

HB 1057. By Representatives Alford of the 57th, Irwin of the 57th and Henson of the 57th:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties only, so as to authorize a county governing authority to fix and revise rates, fees, and charges for services of any water system within such county owned or operated by any person, firm, or corporation.
Referred to the Committee on State Planning & Community Affairs.

HB 1060. By Representatives Alford of the 57th and Henson of the 57th:
A bill to amend an Act approved March 16, 1971, relating to the Metropolitan Atlanta Rapid Transit Authority and the Metropolitan Atlanta Rapid Transit System, so as to repeal provisions prohibiting appropriations by the State of Georgia to the Metropolitan Atlanta Rapid Transit Authority; to provide that the Metropolitan Atlanta Rapid Transit Authority shall be eligible to receive certain funds.
Referred to the Committee on Appropriations.

HB 1061. By Representatives Childers of the 15th, McKelvey of the 15th and Edwards of the 112th:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," and Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide that no person shall operate a motor vehicle unless such person has motor vehicle insurance coverage which extends to any motor vehicle such person may drive.
Referred to the Committee on Insurance.

HB 1062. By Representatives Beatty of the 12th, Titus of the 143rd, Adams of the 79th, Moody of the 153rd, Watts of the 41st and others:
A bill to amend Article 5 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to abortion, so as to require that a woman give her informed consent prior to an abortion.
Referred to the Committee on Judiciary.

HB 1064. By Representatives Clark of the 13th, Titus of the 143rd, Beatty of the 12th and Adams of the 79th:
A bill to amend Article 5 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to abortion, so as to require each hospital and clinic advertising abortion services to include in such advertisement the name and degree of each physician performing abortions in such facility.
Referred to the Committee on Judiciary.

TUESDAY, MARCH 12, 1991

2137

HB 1066. By Representatives Cummings of the 134th and McKinney of the 35th:
A bill to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to provide for uniform drug testing programs in the criminal justice system.
Referred to the Committee on State Institutions & Property.

By unanimous consent, the rules were suspended in order that the following Bill and Resolution of the House could be introduced, read the first time and referred to the com-
mittees:

HB 1083. By Representative Wilder of the 21st:
A bill to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to provide income tax credits to corporations and individuals for certain uncompensated health care required to be provided by the State Health Planning Agency.
Referred to the Committee on Ways & Means.

HR 526. By Representative Townsend of the 24th:
A resolution proposing an amendment to the Constitution so as to remove the requirement that the consolidation of two or more counties into one or the division of a county and the merger of portions thereof into other counties shall not become effective unless approved by a majority of the qualified voters voting thereon in each of the counties proposed to be consolidated, divided, or merged.
Referred to the Committee on State Planning & Community Affairs.

By unanimous consent, the following Bills and Resolution of the House and Senate were read the second time:

HB 1036 HB 1037 HB 1038
HB 1039 HB 1040
HB 1042 HB 1043
HB 1048 HB 1050 HB 1051
HB 1052 HB 1053
HB 1054

HB 1055 HB 1056 HB 1058
HB 1059 HB 1063
HB 1065 HR 500
SB 446 SB 450 SB 451
SB 452 SB 453
SB 454

Representative Kilgore of the 42nd District, Chairman of the Committee on Education, submitted the following report:

Mr. Speaker:
Your Committee on Education has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 313 Do Pass, by Substitute

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JOURNAL OF THE HOUSE,

Respectfully submitted,
/s/ Kilgore of the 42nd Chairman

Representative Lane of the 27th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 927 Do Pass
HB 1045 Do Pass HB 1046 Do Pass HB 1047 Do Pass HB 1049 Do Pass
SB 373 Do Pass

SB 386 Do Pass, by Substitute
SB 414 Do Pass SB 437 Do Pass SB 442 Do Pass SB 449 Do Pass

Respectfully submitted, /s/ Lane of the 27th
Chairman

Representative Lane of the 27th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:
Your Committee on State Planning & Community Affairs has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 291 Do Pass, by Substitute
Respectfully submitted, /s/ Lane of the 27th
Chairman

Representative Lee of the 72nd District, Chairman of the Committee on Rules, submitted the following report:

Mr. Speaker:

Your Committee on Rules has had under consideration the following Resolutions of
the House and has instructed me to report the same back to the House with the following recommendations:

HR 441 Do Pass HR 442 Do Pass

HR 489 Do Pass HR 500 Do Pass

Respectfully submitted,
/s/ Lee of the 72nd Chairman

The following report of the Committee on Rules was read and adopted:

TUESDAY, MARCH 12, 1991

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HOUSE RULES CALENDAR TUESDAY, MARCH 12, 1991
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 38th Legislative Day as enumerated below:
SB 53 Firearms; Peace Officer Provisions; Amend SB 93 CPR; Candidate for Nonresuscitation; Procedures SB 102 Environmental Protection Division; Appoint Director SB 192 Health Policy Council; Abolish; Health Strategies Coun.; Create SB 201 Ad Val. Tax; Ratio of Assessed Value to True Value; School
Purposes SB 212 Nursing Homes; Abuse; Reporting; Certain Immunity SB 217 QBE; Instructional Programs; Amend Cost Provisions SB 229 Vital Records; Confidentiality SB 230 Motor Vehicle Chop Shop & Stolen & Altered Property Act; Enact SB 243 Liens; Laundries, Cleaners, Etc.; Alternative Method SB 272 DNR; Volunteer Service Programs; Establish & Operate SB 282 Organized Militia; State Active Duty; Emergencies SB 299 Air Ambulance Services; Licensure SB 300 MARTA; Fact Finders, Arbitration, Etc.; Provisions SB 312 DUI While Driving School Bus; Penalties SB 323 Workers' Comp.; Sr. Administrative Law Judges: Appoint SB 342 Asbestos; Private Companies Assisting St.; Liability Ins. SB 346 Counties; Employ Marshals to Perform Duties of Constables SB 357 Local Welcome Centers; State Funding SB 370 Ga. Commission on Juvenile Justice; Create SB 375 Works of Fine Art; Duplication; Authorization SB 376 Law Enforcement Agencies; Copies for Cert. Solicitations;
Prohibit SB 385 Petroleum Prod.; Environmental Assurance Fees; Increase SB 389 Farm Wineries; Off-Premises Testing Rooms; Limitation SB 396 County Boards of Education; Chairman's Term; Policy of Board
SR 32 "Motorcycle Awareness & You Month"; Recognize May, 1991 SR 213 Andersonville POW Memorial Trail; Designate SR 264 Stewart Co. Wild Game and Fish Cookoff; Official; Designate
SB 97 Environmental Policy Act; Enact
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, M Lee of the 72nd
Chairman

By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:

HB 927. By Representatives Watson of the 114th and Walker of the 113th:
A bill to create and establish the Warner Robins Building Authority, a body corporate and politic and an instrumentality of the State of Georgia.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.

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JOURNAL OF THE HOUSE,

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

HB 1046.

By Representatives Lee of the 72nd, Chafin of the 72nd, King of the 72nd, Benefield of the 72nd and Buckner of the 72nd:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, so as to change the provisions relative to the compensation of the deputy tax commissioner.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1047.

By Representatives Watson of the 114th and Walker of the 113th:
A bill to amend an Act providing a new charter for the City of Warner Robins in Houston County, so as to provide for the inclusion of certain property within the corporate limits of said city.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1049. By Representative Blitch of the 150th:
A bill to amend an Act incorporating the City of Homerville in Clinch County, so as to revise provisions relating to meetings of the city council.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

SB 373. By Senator Echols of the 6th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Charlton County, as amended, so as to change the compensation of the tax commissioner; to provide that the tax commissioner shall receive longevity and cost-of-living increases.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

SB 414. By Senator Foster of the 50th:
A bill to provide for the creation of one or more community improvement districts in the City of Dahlonega; to provide for a short title; to provide for the purposes of the said districts; to provide for definitions; to provide for boards to administer said districts; to provide for taxes, fees, and assessments; to provide for the boundaries of said districts.

TUESDAY, MARCH 12, 1991

2141

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

SB 437. By Senators Clay of the 37th, Newbill of the 56th, Thompson of the 33rd and others:
A bill to amend an Act creating the State Court of Cobb County, as amended, 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.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

SB 442. By Senator Johnson of the 47th:
A bill to create a new board of commissioners of Franklin County; to provide for a chairman, members, elections, qualifications, districts, terms, and election procedures; to provide that the members of the former advisory board shall be initial members of the board of commissioners; to provide for vacancies; to provide for oaths of office and surety bonds; to provide for a clerk; to provide for meetings; to provide for a county attorney; to provide for the compensation of the chairman and members of the board.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

SB 449. By Senator White of the 48th:
A bill to amend an Act providing a new charter for the City of Sugar Hill, as amended, so as to change the corporate limits of the city; to annex certain property into the city; to deannex certain property from the city.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

SB 386. By Senators Scott of the 36th, Newbill of the 56th, Shumake of the 39th and others:
A bill to provide that the Board of Commissioners of Fulton County and the Council of the City of Atlanta shall site no new solid waste disposal facility, including a sewage sludge incinerator, until they enact local solid waste disposal plans; to provide an effective date.

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JOURNAL OF THE HOUSE,

By unanimous consent, further consideration of SB 386 was postponed until tomorrow morning, immediately following the period of unanimous consents.

By unanimous consent, the following Bill of the House was withdrawn from the Local Calendar and recommitted to the Committee on State Planning and Community Affairs - Local:

HB 1045. By Representative Jenkins of the 80th:
A bill to amend an Act placing the judge of the Probate Court of Monroe County on an annual salary, so as to provide that the probate court judge shall have jurisdiction to try all misdemeanor cases arising in the county where the defendant waives a jury trial and pleads guilty.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the House:

HB 123. By Representatives Parham of the 105th, Barnett of the 10th and Harris of the 84th:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide for the suspension or revocation of the drivers' licenses of persons convicted of misdemeanor possession of marijuana.

HB 199. By Representatives Irwin of the 57th and Oliver of the 53rd:
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 add to the Council of Juvenile Court Judges associate juvenile court judges; to change certain procedures regarding associate judges of the juvenile courts; to provide that associate juvenile court judges may perform marriage ceremonies.

HB 208. By Representatives Oliver of the 53rd, Lawrence of the 49th and Pinkston of the 100th:
A bill to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to provide that business records required to be kept by state law or an administrative rule or regulation promulgated pursuant to state law shall be retained for a period of three years.

HB 238. By Representatives Birdsong of the 104th, Jenkins of the 80th and Moody of the 153rd:
A bill to amend Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to the indemnification of certain persons killed or permanently disabled in the line of duty, so as to provide for the indemnification of any emergency management rescue specialist who is killed or permanently disabled on or after January 1, 1991.

TUESDAY, MARCH 12, 1991

2143

HB 438. By Representative Reaves of the 147th:
A bill to amend Article 1 of Chapter 6 of Title 4 of the Official Code of Georgia Annotated, relating to livestock dealers, so as to provide that a person who purchases leased livestock from or a commission merchant who sells leased livestock for the lessee of such livestock shall not be liable to the owner or lessor of such livestock unless, prior to the purchase or sale, the purchaser or commission merchant has received written notice of the owner's or lessor's ownership interest in such livestock.

HB 446. By Representative Barnett of the 59th:
A bill to amend Code Section 43-50-3 of the Official Code of Georgia Annotated, relating to definitions regarding veterinarians, so as to include certain dental procedures in the practice of veterinary medicine.

HB 557. By Representatives Oliver of the 121st, Bargeron of the 108th, Godbee of the 110th, Barfoot of the 120th, Poston of the 2nd and others:
A bill to amend Code Section 20-2-188 of the Official Code of Georgia Annotated, relating to student transportation costs under the "Quality Basic Education Act," so as to change the provisions relating to minimum salaries for school bus drivers.

HB 560. By Representative Colwell of the 4th:
A bill to amend an Act entitled "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 a definition of incorrigible child; to provide for the right to counsel of a child who has been determined by the Department of Human Resources to be incorrigible".

HB 652. By Representatives Carter of the 146th and Patten of the 149th:
A bill to amend Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Hazardous Waste Management Act," so as to change certain definitions.

HB 653. By Representatives Harris of the 84th, Parham of the 105th and Barnett of the 10th:
A bill to amend Code Section 48-10-2 of the Official Code of Georgia Annotated, relating to annual license fees for the operation of vehicles, so as to change the annual license fees applicable to certain house trailers, auto trailers, and boat trailers.

HB 791. By Representatives Poston of the 2nd, Walker of the 115th, Coleman of the 118th, Holland of the 136th, Teper of the 46th and others:
A bill to amend Code Section 40-6-142 of the Official Code of Georgia Annotated, relating to certain vehicles to stop at all railroad crossings, so as to add any vehicle carrying hazardous or constituents or acidic liquids as cargo to the list of those vehicles required to stop at all railroad crossings before proceeding.

2144

JOURNAL OF THE HOUSE,

HB 793. By Representatives Kilgore of the 42nd, Hamilton of the 124th, Thurmond of the 67th and Simpson of the 70th:
A bill to amend Code Section 20-2-850 of the Official Code of Georgia Annotated, relating to sick leave for teachers and other personnel, so as to revise the provisions relating to sick leave banks or pools of voluntarily contributed employee sick leave days.
HB 902. By Representatives Ware of the 77th, Dunn of the 73rd, Ricketson of the 82nd and Jones of the 71st:
A bill to amend Chapter 5 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of unauthorized insurers, so as to provide that, with respect to an action filed against an unauthorized insurer, service of process upon the Commissioner of Insurance shall only be used when an alternative method of service cannot be effectuated.

HB 852. By Representatives Dover of the llth and Jamieson of the llth:
A bill to provide for the collection of additional costs in cases before the Magistrate Court of Banks County as law library fees.

HB 957. By Representatives Walker of the 115th and Ray of the 98th:
A bill to repeal an Act providing designated registration periods for registration of motor vehicles in Macon County.

HB 967. By Representatives Barnett of the 59th, Breedlove of the 60th, Lawson of the 9th, Orr of the 9th and Jackson of the 9th:
A bill to amend an Act creating the Recorder's Court of Gwinnett County, so as to provide for the appointment of the solicitor; to change the provisions relating to the compensation of the solicitor and assistant solicitors.

HB 974. By Representative Barnett of the 10th:
A bill to amend an Act providing for the compensation of the chairman and members of the board of education of Forsyth County, so as to raise the maximum number of days of per diem that the members may receive each month.

HB 975. By Representative Mobley of the 64th: A bill to create the City of Grayson Water Authority.

HB 977. By Representatives Vaughan of the 20th, Coker of the 21st, Aiken of the 21st, Clark of the 20th (Post 3), Wilder of the 21st and others:
A bill to create the Cobb Year 2000 Commission.

HB 978. By Representative Smith of the 78th:
A bill to amend an Act providing a new charter for the City of Barnesville, so as to change the date of the municipal general election.

HB 979. By Representative Carrell of the 65th:
A bill to amend an Act providing that the judge of the Probate Court of Walton County shall serve as chief magistrate of the Magistrate Court of Walton County, so as to provide that as of a certain date the judge of the probate court shall no longer serve as the chief magistrate.

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HB 980. By Representatives Alford of the 57th, Irwin of the 57th and Henson of the 57th:
A bill to create the Conyers-Rockdale Amateur Athletics Authority.

HB 983. By Representatives Buck of the 95th, Smyre of the 92nd, Culbreth of the 97th, Harris of the 96th, Moultrie of the 93rd and others:
A bill to provide a homestead exemption from Muscogee County ad valorem taxes for county purposes and from Muscogee County School District taxes for educational purposes in the amount of $67,200.00 on the homestead of certain disabled veterans.

HB 986. By Representatives Buck of the 95th, Smyre of the 92nd, Culbreth of the 97th, Harris of the 96th, Moultrie of the 93rd and others:
A bill to provide for homestead exemptions from Muscogee County ad valorem taxes for county purposes and from Muscogee County School District ad valorem taxes for educational purposes for certain residents of that county and school district.

HB 987. By Representatives Jamieson of the llth and Dover of the llth:
A bill to amend an Act incorporating the City of Toccoa, so as to change and extend the corporate limits of said city.

HB 988. By Representative Perry of the 5th: A bill to create the Board of Commissioners of Chattooga County.

HB 989. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th:
A bill to amend the "Douglasville-Douglas County Water and Sewer Authority Act," so as to provide a definition; to authorize the authority to inspect certain on-site sewage disposal systems; to provide for the right of entry on land.

HB 991. By Representative Breedlove of the 60th:
A bill to amend an Act creating a new charter for the City of Duluth, so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmembers.

The Senate has agreed to the House amendment to the Senate substitute to the following Bill of the House:

HB 224. By Representatives Pettit of the 19th, Holmes of the 28th and Dunn of the 73rd:
A bill to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of real estate brokers and salespersons, so as to revise certain educational requirements for real estate licenses; to revise the qualifications for the issuance of real estate licenses to nonresidents who are licensed in another state.

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

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HB 11. By Representatives Lane of the 27th, Bostick of the 138th and Hamilton of the 124th:
A bill to amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous rules of the uniform rules of the road, so as to make it unlawful for any person to possess an open container of any alcoholic beverage while operating a motor vehicle.

HB 257. By Representatives Carrell of the 65th, Harris of the 84th, Godbee of the 110th, Royal of the 144th, Barnett of the 10th and others:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization, so as to specify additional duties of the county board of tax assessors in the event certain valuations are changed on appeals to the county board of equalization.

HB 290. By Representatives Lawson of the 9th and Bostick of the 138th:
A bill to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of the superior courts, so as to change the provisions relating to the fees of the clerks of the superior courts, the amount thereof, and the collection thereof.

HB 295. By Representatives Byrd of the 153rd, Lee of the 72nd, Dobbs of the 74th, Lane of the 27th, Dunn of the 73rd and others:
A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to provide that with respect to Conditioned Air Contractor Class I and Class II licenses, the Division of Conditioned Air Contractors may require applicants for renewal of licenses to have completed subsequent to the date the last licenses were issued a certain number of hours of continuing professional education relating to conditioned air contracting.

HB 358. By Representatives Barnett of the 10th, Parham of the 105th and Harris of the 84th:
A bill to amend Article 4 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to restoration of drivers' licenses after completion of defensive driving course or alcohol and drug program, so as to provide for criminal records checks and determinations based thereon for operators and instructors of DUI alcohol or drug use risk reduction programs.

HB 437. By Representatives Stephens of the 68th and Thurmond of the 67th:
A bill to amend Chapter 5 of Title 43 of the Official Code of Georgia Annotated, relating to athletic trainers, so as to provide a definition of athlete; to revise the definition of athletic trainer; to revise the residency requirement applicable to members of the Georgia Board of Athletic Trainers.

HB 449. By Representatives Benefield of the 72nd, Herbert of the 76th, King of the 72nd, Buckner of the 72nd, Chafin of the 72nd and others:
A bill to amend Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to arrests of persons, so as to provide that the decision to arrest shall not be based on the specific consent or request of the victim or consider the relationship between the parties; to provide for a written report in every incident of family violence investigated.

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HB 547. By Representatives Chambless of the 133rd, Thomas of the 69th and Pettit of the 19th:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to amend various provisions of such title relating to child support and enforcement of the duty of support by the Department of Human Resources.

HB 554. By Representatives King of the 72nd, Childers of the 15th and Buckner of the 72nd:
A bill to amend Code Section 17-10-15 of the Official Code of Georgia Annotated, relating to HIV testing of persons who commit AIDS transmitting crimes, so as to require those tests upon indictment for such crimes.

HB 605. By Representative Heard of the 43rd:
A bill to amend Code Section 8-2-3 of the Official Code of Georgia Annotated, relating to requirements for toilets, shower heads, and faucets in buildings, so as to change effective dates; to prohibit the sale of certain toilets.

HB 776. By Representative Dunn of the 73rd:
A bill to amend Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to the licensing of insurance agents, solicitors, brokers, counselors, and adjusters, so as to provide for the licensing of administrators of certain life or accident and sickness insurance plans.

HB 844. By Representatives Reaves of the 147th, Oliver of the 121st, Purcell of the 129th, Balkcom of the 140th and Branch of the 137th:
A bill to amend Article 1 of Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to dealers in agricultural products, so as to change the definition of agricultural products.

The Senate has adopted, by substitute, by the requisite constitutional majority to the following Resolution of the House:

HR 288. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st, Kilgore of the 42nd and Alford of the 57th:
A resolution proposing an amendment to the Constitution so as to provide for the election of local boards of education; to provide for the appointment of local school superintendents by elected local boards of education.

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

SB 72. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Article 1 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to criminal abuse of governmental office, so as to provide for the criminal offense of extortion by public office; to state legislative intent; to provide for definitions; to provide for penalties; to provide an effective date.

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SB 82. By Senator Kidd of the 25th:
A bill to amend Chapter 39A of Title 43 of the Official Code of Georgia Annotated, known as the "Real Estate Appraiser Licensing and Certification Act," so as to change the definition of certain terms; to change provisions relating to terms of office of members of the Georgia Real Estate Appraisers Board; to provide an effective date.

SB 94. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Code Section 12-8-102 of the Official Code of Georgia Annotated, relating to the Georgia Hazardous Waste Management Authority, so as to change the composition of such authority; to provide for the appointment of an executive director of such authority; to provide for related matters; to provide an effective date.

SB 101. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Chapter 10 of Title 46 of the Official Code of Georgia Annotated, relating to the consumers' utility counsel, so as to change the provisions relative to the automatic repeal of said Chapter 10; to provide an effective date.

SB 110. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to provide that the offense of insurance fraud shall be a felony offense; to provide for the notification of law enforcement agencies by insurers when such insurer has knowledge of a fraudulent insurance act which has not been reported to a law enforcement agency.

SB 143. By Senator Ramsey of the 54th:
A bill to amend Code Section 31-9-2 of the Official Code of Georgia Annotated, relating to persons authorized to consent to surgical or medical treatment, so as to change which persons are authorized to consent to surgical or medical treatment.

SB 176. By Senator Broun of the 46th:
A bill to amend Chapter 6 of Title 45 of the Official Code of Georgia Annotated, relating to powers and duties of public officers and employees, so as to revise the method in which certain state officials provide certain annual reports to members of the General Assembly.

SB 309. By Senators Edge of the 28th and Thompson of the 33rd:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to define the authority of public adjusters; to prohibit contingent fee contracts; to provide that it shall be prohibited for a public adjuster to suggest or advise the employment of or give the name of an attorney to any insured or to accept referral fees or compensation from an attorney.

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

SR 233. By Senator Echols of the 6th:
A resolution commending Mr. Roger E. James and designating the Roger E. James Bridge.

The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House:

HB 450. By Representatives Snow of the 1st, Mobley of the 64th, Padgett of the 86th, Coker of the 21st, Dixon of the 128th and others:
A bill to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Administrative Services and state purchasing in general, so as to provide that the policy of the state is that all bills owed by the state and its institutions and agencies will be paid in a timely manner.

HB 792. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to authorize the State Board of Education, if requested by a local school district or system, to withhold state moneys to pay bonded indebtedness of such local school district or system.

HB 814. By Representatives Alford of the 57th, Dobbs of the 74th, Milam of the 81st and Ware of the 77th:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Water Quality Control Act," so as to establish limits on the amount of phosphorus which may be contained in waste water discharged by certain water pollution control plants into the Chattahoochee River between Buford Dam and West Point Reservoir on or after January 1, 1992.

HB 845. By Representatives Randall of the 101st and Lord of the 107th:
A bill to amend Code Section 33-25-10 of the Official Code of Georgia Annotated, relating to payment of interest on proceeds or payments under certain insurance policies, so as to change a rate of interest.

The Senate has agreed to the House amendment to the following Bills of the Senate:

SB 68. By Senators Hammill of the 3rd, Coleman of the 1st, English of the 21st and others:
A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to change certain language in reference to personal attendant care programs; to change a short title; to change a purpose; to change a definition; to change the authority of the Division of Rehabilitation Services of the Department of Human Resources; to change standards and guidelines.

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SB 120. By Senator Egan of the 40th:
A bill to amend Code Section 16-12-53 of the Official Code of Georgia Annotated, relating to licensing procedures and requirements for bingo games, so as to provide that certain applicants for licenses and operators of bingo games shall not be required to submit fingerprints or photographs in connection with obtaining and holding a license; to provide for other matters relative thereto; to provide an effective date.

SB 163. By Senator Burton of the 5th:
A bill to amend Code Section 43-17-5 of the Official Code of Georgia Annotated, relating to registration of charitable organizations, so as to change the provisions relating to the financial statements of a charitable organization which are required to be filed with the Secretary of State.

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

SB 455. By Senator Shumake of the 39th:
A bill to provide a procedure whereby the City of Atlanta may issue a total of $8 million in bonds in any fiscal year for municipal corporate purposes without a referendum; to authorize the City of Atlanta to reserve $1 million of the bond proceeds to finance emergency home renovation and repair based on eligibility of residents of said city; to provide for a revolving loan fund; to provide for grants.

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

HB 982. By Representatives Buck of the 95th, Smyre of the 92nd, Culbreth of the 97th, Harris of the 96th, Moultrie of the 93rd and others:
A bill to repeal an Act approved March 18, 1986, which continued in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the 1982 general election (Res. Act No. 76, House Resolution No. 271, Ga. L. 1981, p. 1926) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia providing for the valuation of certain homestead property of Muscogee County for purposes of ad valorem taxation for school and consolidated city-county government purposes.
By unanimous consent, the following Bill of the Senate was read the first time and referred to the committee:

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SB 455. By Senator Shumake of the 39th:
A bill to provide a procedure whereby the City of Atlanta may issue a total of $8 million in bonds in any fiscal year for municipal corporate purposes without a referendum; to authorize the City of Atlanta to reserve $1 million of the bond proceeds to finance emergency home renovation and repair based on eligibility of residents of said city; to provide for a revolving loan fund; to provide for grants.
Referred to the Committee on State Planning & Community Affairs - Local.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:

HB 245. By Representatives Jackson of the 9th, Parham of the 105th, Harris of the 84th and Barnett of the 10th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to comprehensively revise, reorganize, modernize, consolidate, and clarify the laws relative to registration and licensing and certificates of title for motor vehicles, drivers' licenses, equipment and inspection of motor vehicles, reporting of accidents, prosecution of traffic offenses, and the use of radar speed detection devices.

Representative Jackson of the 9th moved that the House insist on its position in disagreeing to the Senate amendments to HB 245 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:

Representatives Jackson of the 9th, Parham of the 105th and Barnett of the 10th.

The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:

HR 489. By Representatives Wilder of the 21st, Martin of the 26th, White of the 132nd, Holmes of the 28th, Dunn of the 73rd and others:
A resolution commending the Georgia State University basketball team on winning the Trans America Athletic Conference Tournament and inviting the members of the team and coach Bob Reinhart to appear before the House of Representatives.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 70. By Representatives Thomas of the 69th and Groover of the 99th:
A bill to amend Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to cases in which an application for an appeal is required, so as to change the provisions relating to appeals in actions for damages in which the judgement is less than a certain dollar amount.

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Representative Thomas of the 69th moved that the House insist on its position in disagreeing to the Senate substitute to HB 70 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Thomas of the 69th, Groover of the 99th and Chambless of the 133rd.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 272. By Representative Pettit of the 19th:
A bill to amend Chapter 11 of Title 25 of the Official Code of Georgia Annotated, known as the "Georgia Fire Sprinkler Act," so as to change the definition of the terms "fire protection sprinkler system" and "water-spray system"; to provide that the installation or repair of any underground facilities or piping which connects to and furnishes water for the fire protection sprinkler system or water-spray system shall be performed only by a utility contractor or fire protection sprinkler contractor.

Representative Pettit of the 19th moved that the House insist on its position in disagreeing to the Senate substitute to HB 272 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Pettit of the 19th, Watson of the 114th and Green of the 106th.
The following Bills of the Senate were taken up for the purpose of considering the Senate's disagreeing to the House substitutes thereto:

SB 39. By Senators Turner of the 8th, Deal of the 49th, Broun of the 46th and others:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Fair Business Practices Act of 1975," so as to prohibit merchants from requiring a purchaser's telephone number as a condition of purchase when payment for the transaction is made by credit card.
Representative Byrd of the 153rd moved that the House insist on its position in substituting SB 39.
The motion prevailed.

SB 87. By Senator Steinberg of the 42nd:
A bill to amend Code Section 31-33-2 of the Official Code of Georgia Annotated, relating to furnishing a patient's medical records, so as to provide for access to a patient's medical records by the state long-term care ombudsman or the Department of Human Resources under certain conditions.

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Representative Childers of the 15th moved that the House insist on its position in substituting SB 87.
The motion prevailed.

The following Resolutions of the House were read and referred to the Committee on Rules:

HR 511. By Representatives Buckner of the 72nd, Lee of the 72nd, Benefield of the 72nd, Chafin of the 72nd and King of the 72nd:
A resolution commending the Morrow High School girls' basketball team on winning its third consecutive Class AAAA state championship and inviting the members of the team and coaches to appear before the House of Representatives.

HR 512. By Representatives Lane of the lllth and Godbee of the 110th:
A resolution commending the Statesboro High School basketball team on winning the 1991 Class AAAA State Championship and inviting the members of the team and Coach Lee Hill to appear before the House of Representatives.

HR 513. By Representative Floyd of the 135th:
A resolution commending the Crisp Academy "Wildcats" boys' basketball team on winning the Independent School Association Class AA State championship; and inviting them to appear before the chamber.

Representative Holmes of the 28th District, Chairman of the Committee on Governmental Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 382 Do Pass
Respectfully submitted, /s/ Moultrie of the 93rd
Secretary

Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:

SB 299. By Senators Garner of the 30th and Albert of the 23rd:
A bill to amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to change the provisions relating to definitions; to provide for the licensure and regulation of air ambulance services and provide for classes of licenses and requirements for licensure; to provide for penalties.

The following Committee substitute was read and adopted:

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A BILL
To amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to hazardous conditions, preventable diseases, and metabolic disorders, so as to provide for elimination of hazardous conditions arising from provision of contact lenses by unlicensed persons; 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 12 of Title 31 of the Official Code of Georgia Annotated, relating to hazardous conditions, preventable diseases, and metabolic disorders, is amended by adding at the end thereof a new Code Section 31-12-12 to read as follows:
"31-12-12. No person shall sell, dispense, or serve as a conduit for the sale or dispensing of contact lenses to the ultimate user of such contact lenses in this state, except persons licensed and regulated by Chapters 29, 30, or 34 of Title 43. Such lenses are deemed sold or dispensed within the state at the time the person for whom prescribed takes delivery."
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.

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, by substitute, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker
Balkcom Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates
Beatty Y Benefield
Birdsong Y Blitch Y Bordeaux
Bostick Y Branch Y Breedlove Y Brooks Y Brown
Brush YBuck Y Buckner
YByrd Y Campbell
Y Canty Y Carrell Y Carter YChafin
Y Chambless Y Cheeks Y Childers Y Clark.E
Y Clark,H

Clark,L
Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B
Cummings.M Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn
Y Edwards Y EUiott Y Felton
Fennel Y Floyd,J.M
Y Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover
Hamilton Hammond Hanner Y Harris.B Y Harris,J Heard Y Henson

Y Herbert Hightower Holland Holmes
Y Howard Y Hudson
Y Irwin
Y Jackson Y Jamieson Y Jenkins
Y Jones Y Kilgore
YKing Y Kingston Y Klein YLadd Y Lane,D
Lane.R Langford Y Lawrence Y Lawson Lee YLong YLord Y Lucas Lupton YMann Y Martin Y McCoy Y McKelvey McKinney.B McKinney.C Meadows
Y Merritt
YMilam
Y Mills

Y Mobley Y Moody Y Morsberger
Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock
Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry Y Pettit
Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Purcell Y Randall YRay
Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield
Y Skipper Y Smith.L

Y Smith.P Smith.T
Y Smith,W Y Smyre YSnow Y Stancil.F
Y Stancil.S Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C
Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs
Valenti Y Vaughan
Walker,J Y Walker.L Y Wall Y Ware Y Watson
Y Watts White Wilder
Y Williams.B Williams,J
Y Williams.R Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 144, nays 0.

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

Representatives Hammond of the 20th, Brush of the 83rd and Wilder of the 21st stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

SB 53. By Senator Phillips of the 9th:
A bill to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to the carrying and possession of firearms, so as to change certain provisions relating to the exemption of peace officers from certain prohibitions regarding the carrying of certain weapons and firearms; to provide for a statutory cross-reference; to provide an effective date.

By unanimous consent, further consideration of SB 53 was postponed until tomorrow morning, immediately following the period unanimous consents.

SB 342. By Senator Kidd of the 25th:
A bill to amend Code Section 45-9-4 of the Official Code of Georgia Annotated, relating to the purchase of insurance and indemnity contracts by the commissioner of administrative services, so as to provide liability insurance coverage for private companies assisting the state in the abating or removing of asbestos or other hazardous materials in public premises; to provide an effective date.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

Representative Watson of the 114th District, Chairman of the Committee on Industry, submitted the following report:

Mr. Speaker:
Your Committee on Industry has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 236 Do Pass, by Substitute
Respectfully submitted, /s/ Watson of the 114th
Chairman

Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the Senate were taken up for consideration and read the third time:

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SB 312. By Senators Baldwin of the 29th and Edge 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 traffic offenses, so as to provide that a school bus driver charged and convicted of driving under the influence of alcohol or drugs while driving a school bus or other school vehicle shall be imprisoned for a period of not less than one year nor more than five years; to provide for a fine.

The following Committee substitute was read and adopted:

A BILL
To amend Article 4 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to restoration of drivers' licenses after completion of defensive driving course or alcohol and drug program, so as to provide for criminal records checks and determinations based thereon for operators and instructors of DUI alcohol or drug use risk reduction programs; to authorize the Department of Corrections to operate DUI alcohol or drug use risk reduction programs in certain facilities; to exempt such programs operated by the Department of Corrections from the rebate of certain fees to the state; to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to provide that a school bus driver charged and convicted of driving under the influence of alcohol or drugs while driving a school bus shall be imprisoned for a period of not less than one year nor more than five years; to provide for a fine; 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 5 of Title 40 of the Official Code of Georgia Annotated, relating to restoration of drivers' licenses after completion of defensive driving course or alcohol and drug program, is amended by adding a new subsection (e) to Code Section 40-5-82, relating to administration of defensive driving courses and DUI alcohol or drug use risk reduction programs, to read as follows:
"(e) The Department of Human Resources shall conduct a records check for any applicant for certification as an operator or instructor of a DUI alcohol or drug use risk reduction program. Each applicant shall submit two sets of classifiable fingerprints to the department. The department shall transmit both sets of fingerprints to the Georgia Crime Information Center, which shall submit one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain one set and promptly conduct a search of state records. After receiving the report from the Georgia Crime Information Center and the Federal Bureau of Investigation, the department shall determine whether the applicant may be certified. No applicant shall be certified who has previously been convicted of a felony. The department shall promulgate rules and regulations regarding certification requirements, including restrictions regarding misdemeanor convictions."
Section 2. Said article is further amended by striking subsection (e) of Code Section 40-5-83, relating to establishment and approval of driver improvement clinics and DUI risk reduction programs, in its entirety and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) The Department of Human Resources is designated as the agency responsible for establishing criteria for the approval of DUI alcohol or drug use risk reduction programs. An applicant must meet the certification criteria promulgated by the Department of Human Resources through its standards and may provide the following combination of services: (1) the assessment and education/intervention components; (2) the assessment, education/intervention, and intensive intervention components; or (3) the intensive intervention component only, provided that no DUI alcohol or drug use risk reduction program may offer the assessment component alone or the

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education/intervention component alone. The Department of Human Resources is designated as the agency responsible for establishing rules and regulations concerning the contents and duration of the components of DUI alcohol or drug use risk reduction programs, qualifications of instructors, certification fees, attendance requirements for students, examinations, and program evaluations. Approved DUI alcohol or drug use risk reduction programs shall charge a fee of $45.00 for the assessment component, $60.00 for the education/intervention component, and $100.00 for the intensive intervention componentj and an additional fee to be set by the Department of Human Resources for required student program materials. No DUI alcohol or drug use risk reduction program shall be approved unless such clinic agrees in writing to submit reports as required in the rules and regulations of the Department of Human Resources and to allow the examination and audit of the books, records, and financial statements of such DUI alcohol or drug use risk reduction program by the Department of Human Resources or its authorized agent. DUI alcohol or drug use risk reduction programs may be operated by any public, private, or governmental entity; provided, however, thatj except as otherwise provided in this subsection, in any political subdivision in which a DUI alcohol or drug use risk reduction program is operated by a private entity, whether for profit or nonprofit, neither the local county board of health nor any other governmental entity shall fund any new programs in that area. Programs currently in existence which are operated by local county boards of health or any other governmental entities shall be authorized to continue operation. New programs may be started in areas where no private DUI alcohol or drug use risk reduction programs have been made available to said community. The Department of Corrections is authorized to operate DUI alcohol or drug use risk reduction programs in its facilities where offenders are not authorized to participate in such programs in the community, provided that such programs meet the certification criteria promulgated by the Department of Human Resources. All such programs operated by the Department of Corrections shall be exempt from all fee provisions established in this subsection specifically including the rebate of any fee for the coats of administration. No DUI alcohol or drug use risk reduction program which delivers the assessment component or the intensive intervention component will be approved unless such clinic agrees in writing to rebate to the state, for the costs of administration, a fee, for each offender assessed or each offender participating in intensive intervention, of $7.00, provided that nothing in this Code section shall be construed so as to allow the Department of Human Resources to retain any funds required by the Constitution of Georgia to be paid into the state treasury; and provided, further, that the Department of Human Resources shall comply with all provisions of Part I of Article 4 of Chapter 12 of Title 45, the 'Budget Act,' except Code Section 45-12-92, prior to expending any such miscellaneous funds."
Section 3. Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, is amended by adding a new Code section immediately following Code Section 40-6-391.1 to read as follows:
"40-6-391.2. A school bus driver licensed pursuant to Article 7 of Chapter 5 of this title shall upon a conviction of a violation of Code Section 40-6-391 while driving a school bus be punished by imprisonment for a period of not less than one year nor more than five years or by a fine of not less than $1,000.00 nor more than $5,000.00, or both."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

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, by substitute, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken

Y Alford Y Atkins Y Baker

Y Balkcom Y Barfoot Y Bargeron

Y Barnett,B Y Barnett.M Y Bates

Y Beatty Y Benefield
Birdsong

2158

JOURNAL OF THE HOUSE,

Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner
YByrd Y Campbell
Y Canty Y Carrell Y Carter Y Chafm Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark.H Y Clark.L Y Coker
Coleman
Y Colwell Connell
Y Culbreth Y Cummings.B
Cummings.M Davis.G Y Davis.M Y Dixon.H Y Dixon.S

Y Dobbs Dover Dunn
Y Edwards Y Elliott Y Felton
Fennel Y Floyd.J.M
Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Hanner Y Harris,B Y Harris.J Y Heard Y Henson Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson

Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson
YLee YLong YLord Y Lucas
Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney.B McKinney.C Y Meadows Merritt Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C

Y Oliver.M Y Orr Y Orrock Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry Y Pettit
Pinholster Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell Y Randall YRay Y Reaves Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield
Y Skipper Y Smith.L Y Smith.P
Smith.T Y Smith.W

Y Smyre YSnow Y Stancil.F Y Stancil.S
Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C
Thomas.M Y Thomas.N
Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J
Walker.L Y Wall Y Ware Y Watson Y Watts Y White
Wilder Y Williams.B
Williams.J Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 153, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Stanley of the 33rd and Wilder of the 21st stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

The Speaker Pro Tern assumed the Chair.

SR 264. By Senator Timmons of the llth:
A resolution designating the Stewart County Wild Game and Fish Cookoff and Exposition as the Official Georgia Wild Game and Fish Cookoff and Exposition.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 97, nays 2.
The Resolution, having received the requisite constitutional majority, was adopted.

SB 300. By Senator Shumake of the 39th:
A bill to amend the "Metropolitan Atlanta Rapid Transit Authority Act of 1965", as amended, so as to change certain provisions regarding appointment of fact finders, binding interest arbitration, and resolution of wage issue disputes; to provide an effective date.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

TUESDAY, MARCH 12, 1991

2159

On the passage of the Bill, the ayes were 101, nays 0. The Bill, having received the requisite constitutional majority, was passed.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House:

HB 769. By Representatives Dunn of the 73rd and Ware of the 77th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to establish standards and requirements for the operation of multiple employer self-insured health plans.

HB 928. By Representative Selman of the 32nd:
A bill to amend Chapter 9 of Title 10 of the Official Code of Georgia Annotated, the "Geo. L. Smith II Georgia World Congress Center Act," so as to authorize the Geo. L. Smith II Georgia World Congress Center Authority to obtain and use conviction data, under certain conditions, concerning its officers and employees and prospective officers and employees.

The Senate has adopted, as amended, by the requisite constitutional majority the following Resolution of the House:

HR 352. By Representative Meadows of the 91st:
A resolution authorizing the State Properties Commission to negotiate and execute a long-term lease of a certain tract of state owned real property located in the Warm Springs area and containing the historic hydrotherapy pool complex.

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:

SB 212. By Senators Steinberg of the 42nd, Garner of the 30th, Johnson of the 47th and others:
A bill to amend Article 4 of Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to the reporting of abuse or exploitation of residents in long-term care facilities, so as to change the provisions relating to immunity from liability; to change the provision relating to confidentiality; to provide for legislative intent and for rules to prevent certain conflicts or loss of funds.

The following amendment was read and adopted:

The Committee on Judiciary moves to amend Senate Bill 212 on page 2 beginning at line 31 by deleting Section 3 in its entirety and renumbering Section 4 to Section 3.

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.

2160

JOURNAL OF THE HOUSE,

On the passage of the Bill, as amended, the ayes were 100, nays 2.
The Bill, having received the requisite constitutional majority, was passed, as amended.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 808. By Representatives Coleman of the 118th, Walker of the 115th and Buck of the 95th:
A bill to amend Code Section 32-5-21 of the Official Code of Georgia Annotated, relating to the priority of expenditures from the State Public Transportation Fund, so as to provide for payments into the State of Georgia Guaranteed Revenue Debt Common Reserve Fund.

The following Senate substitute was read:

A BILL
To amend Title 32 of the Official Code of Georgia Annotated, the "Georgia Code of Public Transportation," so as to provide for financing for public road work by general obligation debt and guaranteed revenue debt; to provide for appropriation for such purposes from the net amount equal to all money derived from motor fuel taxes; to provide for appropriations for general obligation debt; to provide for payments into the State of Georgia Guaranteed Revenue Debt Common Reserve Fund; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 32 of the Official Code of Georgia Annotated, the "Georgia Code of Public Transportation," is amended by striking paragraph (2) of subsection (a) of Code Section 32-2-2, relating to powers and duties of the Department of Transportation, and inserting in its place a new paragraph (2) to read as follows:
"(2) The Except for appropriations to authorize the issuance of general obligation debt for public road work, or to pay such debt, the department shall be the state agency to receive and shall have control and supervision of all funds appropriated for public road work by the state and activities incident thereto from the net proceeds of motor fuel tax, as provided in Article III, Section IX, Paragraph VI(b) of the Constitution of Georgia and any other funds appropriated or provided for by law for such purposes or for performing other functions of the department. If the General Assembly fails to appropriate all of the net proceeds of the motor fuel tax to the department to the State of Georgia General Obligation Debt Sinking Fund, and to counties for public road work and activities incident thereto, any such unappropriated part of such funds, exclusive of those proceeds required by law to be provided as grants to counties for the construction and maintenance of county roads, shall be made available to the department by the director of the Fiscal Division of the Department of Administrative Services, notwithstanding any provisions to the contrary in Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act';".
Section 2. Said title is further amended by striking Code Section 32-5-21, relating to the priority of expenditures from the State Public Transportation Fund, and inserting in its place a new Code Section 32-5-21 to read as follows:
"32-5-21. Subject to the restrictions on expenditures imposed by Code Section 32-5-23, the State Public Transportation Fund shall be expended by the department in the following order:
(1) To pay the rentals on lease contracts entered into pursuant to the authority of the Constitution of Georgia;

TUESDAY, MARCH 12, 1991

2161

(2) To pay into the State of Georgia Guaranteed Revenue Debt Common Reserve Fund the amount of the highest annual debt service requirements for an issue of guaranteed revenue debt for public road projects initiated pursuant to Code Section 32-10-67, upon its issuance, when the guarantee of the specific issue has been authorized by an appropriation of moneys governed by Article III, Section IX, Paragraph VI(b) of the Constitution and the appropriation meets the requirements for such debt as provided by Article VII, Section IV, Paragraph III(b) of the Constitution;
{2} (3) To pay the costs of operating the department and for any emergencies or unusual situations;
{&) (4) To pay the costs necessary to comply with the conditions of federal-aid apportionments to the state for the planning, surveying, constructing, paving, and improving of the public roads in Georgia;
{4} (5) Next, a sum equal to at least 15 percent of the State Public Transportation Fund, said sum to be used as follows:
(A) One-third to pay all or part of the costs of the planning, surveying, constructing, improving, paving, and completing public roads not on the state highway system;
(B) One-third to pay all or part of the costs of planning, surveying, constructing, improving, and paving public roads on the state highway system; and
(C) The remaining one-third to pay all or part of the costs of planning, surveying, constructing, reconstructing, paving, and improving the public roads of Georgia determined by the department to be most in need of such work; and {6} (6) After the requirements set out in the foregoing provisions of this Code section have been met, the remainder of the State Public Transportation Fund to be expended to pay the costs of maintaining, improving, constructing, and reconstructing the public roads of the state highway system, for maintaining roads within and leading to state parks, and for constructing public roads by department forces."
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.

Representative Coleman of the 118th moved that the House agree to the Senate substitute to HB 808.
On the motion, the roll call was ordered and the vote was as follows:

Abernathy Y Adams Y Aiken Y Alford Y Atkins
Baker
Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett,M Y Bates
Y Beatty Y Benefield Y Birdsong
Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell

Canty
Y Carrell Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.H Y Clark.L Y Coker Y Coleman Y Colwell
Connell
Y Culbreth Y Cummings,B
Cummmgs.M Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S YDobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton

Y Fennel
Y Floyd,J.M Y FloydJ.W Y Flynt YGodbee Y Golden Y Goodwin Y Green
Y Greene Y Griffin
Groover Y Hamilton
Y Hammond Y Manner
Y Harris.B Y Harris,J
Heard Y Henson Y Herbert Y Hightower
Holland
Y Holmes Y Howard Y Hudson Y Irwin Y Jackson
Jamieson

Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd
Y Lane,D Y Lane.R
Langford Y Lawrence Y Lawson YLee YLong YLord
Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney.B McKinney,C Y Meadows Y Merritt Y Milam Y Mills

Y Mobley Y Moody Y Morsberger
Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett
Par ham Y Parrish
Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell
Randall YRay
Reaves

2162

JOURNAL OF THE HOUSE,

Y Redding Y Ricketson Y Royal Y Selman Y Sherrill
Y Simpson Y Sinkfield Y Skipper
Y Smith.L

Y Smith,P Smith.T
Y Smith.W Y Smyre Y Snow
Y Stancil.F Y Stancil,S Y Stanley
Y Stephens

Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas,M
Y Thomas.N Y Thurmond Y Titus
Y Tolbert

Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan
Y Walker,J Y Walker.L Y Wall
Y Ware

Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams,J Y Williams.R Y Yeargin
Murphy.Spkr

On the motion, the ayes were 155, nays 0. The motion prevailed.

The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto:

HB 11. By Representatives Lane of the 27th, Bostick of the 138th and Hamilton of the 124th:
A bill to amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous rules of the uniform rules of the road, so as to make it unlawful for any person to possess an open container of any alcoholic beverage while operating a motor vehicle.

The following Senate substitute was read:

A BILL
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide that it shall be unlawful for any person to possess an open container of an alcoholic beverage while operating a motor vehicle; to provide for a definition; to provide for exceptions; to provide for a penalty; to provide that any person found guilty of possession of such open container shall be assessed four points against his license; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking in its entirety subparagraph (c)(l)(A) of Code Section 40-5-57, relating to points assessed for certain offenses, and inserting in lieu thereof a new subparagraph (A) to read as follows:
"(A) The points to be assessed for each offense shall be as provided in the following schedule: Reckless driving............................................................................................................. 4 points
Unlawful passing of a school bus................................................................................ 6 points
Improper passing on a hill or a curve ........................................................................ 4 points
Exceeding the speed limit by more than 14 miles per hour but less than 19 miles per hour............................................................................................................ 2 points
Exceeding the speed limit by 19 miles per hour or more but less than 24 miles per hour............................................................................................................ 3 points
Exceeding the speed limit by 24 miles per hour or more but less than 34 miles per hour............................................................................................................ 4 points
Exceeding the speed limit by 34 miles per hour or more....................................... 6 points
Disobedience of any traffic-control device or traffic officer................................... 3 points

TUESDAY, MARCH 12, 1991

2163

Too fast for conditions.................................................................................................. 0 points Possessing an open container of an alcoholic beverage while driving................... 4 points All other moving traffic violations which are not speed limit violations............... 3 points"

Section 2. Said title is further amended by inserting at the end of Article 11 of Chapter 6, relating to miscellaneous rules of the uniform rules of the road, a new Code Section 40-6-253 to read as follows:
"40-6-253. (a) As used in this Code section, 'open container' means any container which is immediately capable of being consumed from or the seal of which has been broken.
(b) No person shall possess an open container of any alcoholic beverage while operating a vehicle in this state. For the purposes of this Code section, an open container shall be considered to be in the possession of the operator of a vehicle if the container is not in the possession of a passenger and is not located in a locked glove compartment, locked trunk, or other locked nonpassenger area of the vehicle.
(c) Any person who violates this Code section is guilty of a misdemeanor. (d) A county or municipal corporation ordinance which imposes more stringent restrictions on the possession of alcoholic beverages in vehicles than those imposed by this Code section shall not be preempted by this Code section."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Lane of the 27th moved that the House disagree to the Senate substitute to HB 11.
The motion prevailed.

HB 358. By Representatives Barnett of the 10th, Parham of the 105th and Harris of the 84th:
A bill to amend Article 4 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to restoration of drivers' licenses after completion of defensive driving course or alcohol and drug program, so as to provide for criminal records checks and determinations based thereon for operators and instructors of DUI alcohol or drug use risk reduction programs.

The following Senate substitute was read:

A BILL
To amend Article 4 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to restoration of drivers' licenses after completion of defensive driving course or alcohol and drug program, so as to provide for criminal records checks and determinations based thereon for operators and instructors of DUI alcohol or drug use risk reduction programs; to provide that the Department of Human Resources shall provide a menu of approved DUI alcohol or drug use risk reduction programs from which program providers may choose; to provide for the direct purchase of such programs; 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 5 of Title 40 of the Official Code of Georgia Annotated, relating to restoration of drivers' licenses after completion of defensive driving course or alcohol and drug program, is amended by adding a new subsection (e) to Code Section 40-5-82, relating to administration of defensive driving courses and DUI alcohol or drug use risk reduction programs, to read as follows:

2164

JOURNAL OP THE HOUSE,

"(e) The Department of Human Resources shall conduct a records check for any applicant for certification as an operator or instructor of a DUI alcohol or drug use risk reduction program. Each applicant shall submit two sets of classifiable fingerprints to the department. The department shall transmit both sets of fingerprints to the Georgia Crime Information Center, which shall submit one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain one set and promptly conduct a search of state records. After receiving the report from the Georgia Crime Information Center and the Federal Bureau of Investigation, the department shall determine whether the applicant may be certified. No applicant shall be certified who has previously been convicted of a felony. The department shall promulgate rules and regulations regarding certification requirements, including restrictions regarding misdemeanor convictions."
Section 2. Said article is further amended by striking subsection (e) of Code Section 40-5-83, relating to establishment and approval of driver improvement clinics and DUI risk reduction programs, in its entirety and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) The Department of Human Resources is designated as the agency responsible for establishing criteria for the approval of DUI alcohol or drug use risk reduction programs. An applicant must meet the certification criteria promulgated by the Department of Human Resources through its standards and may provide the following combination of services: (1) the assessment and education/intervention components; (2) the assessment, education/intervention, and intensive intervention components; or (3) the intensive intervention component only, provided that no DUI alcohol or drug use risk reduction program may offer the assessment component alone or the education/intervention component alone. The Department of Human Resources is designated as the agency responsible for establishing rules and regulations concerning the contents and duration of the components of DUI alcohol or drug use risk reduction programs, qualifications of instructors, certification fees, attendance requirements for students, examinations, and program evaluations. The department shall provide a menu of approved DUI alcohol or drug use risk reduction programs from which a public or private program provider may choose in providing the assessment, education/intervention, and intensive intervention components of such program. Any public or private provider 2? 5 DUI alcohol or drug use risk reduction program shall be authorized to purchase approved programs directly from the program developer. Approved DUI alcohol or drug use risk reduction programs shall charge a fee of $45.00 for the assessment component, $60.00 for the education/intervention component, ad $100.00 for the intensive intervention component^ and an additional fee to be set by the Department of Human Resources for required student program materials. No DUI alcohol or drug use risk reduction program shall be approved unless such clinic agrees in writing to submit reports as required in the rules and regulations of the Department of Human Resources and to allow the examination and audit of the books, records, and financial statements of such DUI alcohol or drug use risk reduction program by the Department of Human Resources or its authorized agent. DUI alcohol or drug use risk reduction programs may be operated by any public, private, or governmental entity; provided, however, that2 except as otherwise provided in this subsection, in any political subdivision in which a DUI alcohol or drug use risk reduction program is operated by a private entity, whether for profit or nonprofit, neither the local county board of health nor any other governmental entity shall fund any new programs in that area. Programs currently in existence which are operated by local county boards of health or any other governmental entities shall be authorized to continue operation. New public programs may be started in areas where no private DUI alcohol or drug use risk reduction programs have previously been made available to said community or where there have not been any prior applications to begin private DUI alcohol or drug use risk reduction programs in said community, provided that
where a public governmental entity has previously applied to operate a DUI alcohol or
drug use risk reduction program a subsequent application by a private entity to operate
a private DUI alcohol or drug use risk reduction program shall not operate to prohibit

TUESDAY, MARCH 12, 1991

2165

the Department of Human Resources from approving the public program. The department shall revoke the permit for any program which has failed to open and begin offering the components of a DUI alcohol or drug use risk reduction program within 12 months after approval of the program or which has for any continuous 12 month period failed to offer the components of a DUI alcohol or drug use risk reduction program. No DUI alcohol or drug use risk reduction program which delivers the assessment component or the intensive intervention component will be approved unless such clinic agrees in writing to rebate to the state, for the costs of administration, a fee, for each offender assessed or each offender participating in intensive intervention, of $7.00, provided that nothing in this Code section shall be construed so as to allow the Department of Human Resources to retain any funds required by the Constitution of Georgia to be paid into the state treasury; and provided, further, that the Department of Human Resources 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 miscellaneous funds."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Barnett of the 10th moved that the House disagree to the Senate substitute to HB 358.
The motion prevailed.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate has agreed to the House substitute as amended by the Senate, to the following Bill of the Senate:

SB 328. By Senators Dawkins of the 45th, Taylor of the 12th, Robinson of the 16th and others:
A bill to amend Part 12 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to effectiveness of educational programs under the "Quality Basic Education Act," so as to change provisions relating to instruments, procedures, and policies necessary to assess effectiveness; to provide for types of assessments and their implementation and use.

Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:

SB 282. By Senators Perry of the 7th, Echols of the 6th and Turner of the 8th:
A bill to amend Code Section 38-2-25 of the Official Code of Georgia Annotated, relating to training and duty of the organized militia, so as to authorize the Governor to order members of the organized militia, with their consent, to state active duty for certain purposes and without pay and allowances or other compensation but with certain privileges, rights, benefits, and immunities.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

2166

JOURNAL OF THE HOUSE,

Abernathy Y Adams Y Aiken
Y Alford Y Atkins Y Baker
Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Y Bates Y Beatty Y Benefleld
Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Y Brooks Y Brown Y Brush
YBuck Y Buckner YByrd Y Campbell
Canty Y Carrell
Carter Y Chafin
Chambless
Y Cheeks Y Childers Y Clark,E
Y Clark,H

Clark,L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B
Cummings,M Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S
Dobbs Y Dover YDunn Y Edwards
Y Elliott Y Felton
Fennel
Y Floyd.J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin Y Green Y Greene
Griffin Y Groover Y Hamilton Y Hammond
Manner Y Harris,B Y Harris,J
Heard Y Henson

Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Ylrwin Y Jackson
Jamieson Y Jenkins Y Jones Y Kilgore
King Y Kingston Y Klein YLadd Y Lane.D
Lane.R Langford Y Lawrence Y Lawson YLee YLong YLord Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey McKinney,B McKinney.C
Y Meadows Y Merritt
Milam Y Mills

Y Mobley Moody
Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock
Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry
Y Pettit Y Pinholster
Pinkston YPoag
Porter Y Postal Y Powell,A Y Powell.C Y Purcell
Randall
YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield
Skipper Y Smith.L

Y Smith,P Y Smith,T Y Smith,W Y Smyre YSnow Y Stancil.P Y Stancil.S
Stanley Y Stephens
Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus
Tolbert Y Townsend
Turnquest Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Wall Y Ware Y Watson Y Watts Y White Y Wilder Y Williams.B Williams,J Y Williams,R Yeargin Murphy,Spkr

On the passage of the Bill, the ayes were 142, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representatives Stanley of the 33rd and Tolbert of the 58th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

The Speaker assumed the Chair.
SB 346. By Senator Baldwin of the 29th:
A bill to amend Code Section 15-10-100 of the Official Code of Georgia Annotated, relating to the appointment of constables for magistrate courts, so as to provide that counties may employ marshals to perform the duties of constables; to provide an effective date.
The following Committee substitute was read and adopted:
A BILL
To amend Code Section 15-10-100 of the Official Code of Georgia Annotated, relating to the appointment of constables for magistrate courts, so as to provide that counties may employ marshals to perform the duties of constables; to provide for limitations and requirements 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 15-10-100 of the Official Code of Georgia Annotated, relating to the appointment of constables for magistrate courts, is amended by adding immediately following subsection (c) a new subsection (c.l) to read as follows:

TUESDAY, MARCH 12, 1991

2167

"(c.l) (1) In addition to the alternatives provided in subsections (a), (b), and (c) of this Code section, the governing authority of a county may employ marshals to perform the duties of constables.
(2) No person employed or appointed as a marshal pursuant to paragraph (1) of this subsection shall exercise any of the powers or authority which are by law vested in the office of sheriff or any other peace officer, including the power of arrest, except as may be authorized by law.
(3) Any person employed or appointed as a marshal pursuant to paragraph (1) of this subsection shall meet the requirements of Chapter 8 of Title 35."
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.

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, by substitute, the ayes were 104, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Parham of the 105th District, Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 339 Do Pass, by Substitute
Respectfully submitted, /s/ Parham of the 105th
Chairman

Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:

SB 243. By Senators Coleman of the 1st and Alien of the 2nd:
A bill to amend Part 7 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of laundries, cleaners, dyers, tailors, and other similar establishments, so as to provide for an alternative method for the satisfaction of such liens; to provide for a certain notice at the time property is delivered for the performance of services.

The following Committee substitute was read and adopted:

A BILL
To amend Part 7 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of laundries, cleaners, dyers, tailors, and other similar establishments, so as to provide for an alternative method for the satisfaction of such liens; to provide for a certain notice at the time property is delivered for the performance of services; to provide that the acceptance of such notice without objection shall constitute a

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contractual waiver of certain rights that may otherwise exist; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 7 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of laundries, cleaners, dyers, tailors, and other similar establishments, is amended by striking Code Section 44-14-453, relating to sale of goods for satisfaction of a lien; Code Section 44-14-454, relating to procedures for sale of goods; and Code Section 44-14-455, relating to the proceeds of sale, in their entirety and substituting in lieu thereof new Code Sections 44-14-453, 44-14-454, and 44-14-455 to read as follows:
"44-14-453. (a) In order to satisfy the lien of the person, firm, or corporation performing the service, whenever any clothing, goods, wearing apparel, shoes, carpets, rugs, or other such articles remain in the possession of any person, firm, or corporation engaged in the business of laundering, cleaning, tailoring, altering, repairing, or dyeing such articles for a period of 90 days after the person, firm, or corporation has performed any services thereon without the agreed price or the reasonable value of the service being paid, the goods or articles may be sold by the person, firm, or corporation having performed the service in the manner and subject to the requirements of Code Sections 44-14-454 and 44-14-455.
(b) As an alternative to the satisfaction of the lien as provided in subsection (a) of this Code section, an establishment accepting property to provide the services described in this part may at the time of accepting the property give to the person delivering the property to the establishment notice, which may be in the form of a sign clearly visible to a person delivering property to the establishment, that, if the property is not claimed and the agreed upon price or reasonable value for the service is not paid within 120 days after the service was performed, the establishment may otherwise dispose of the property without further notice to the owner of the property or to the person who delivered the property to the establishment. A person delivering property to an establishment for the performance of services described in this part who receives notice provided for in this subsection and who does not object to the content of such notice shall be deemed to have contractually waived any additional rights that may otherwise attach to disposition of the property, and if the person delivering the property to the establishment is not its owner, the contractual waiver of rights shall extend to the owner of the property if the person who delivered the property to the establishment was in lawful possession of the property at the time it was delivered. Property subject to the provisions of this subsection may be otherwise disposed of in such manner as the establishment possessing the property shall determine.
44-14-454. Before any sale shall be made as provided in subsection (a) of Code Section 44-14-453, the person, firm, or corporation making the sale shall give ten days' notice thereof by mail to the last known address of the owner if known, or otherwise to the last known address of the person from whom the goods were received. Such notice shall give the name of the owner of the goods, if known, and, if not known, the name of the person from whom the goods were received; a description of the goods to be sold; the time and place of the sale; the amount of the charges for which the goods or articles will be sold; and the name of the person, firm, or corporation having possession of the goods or articles and proposing to make the sale.
44-14-455. The proceeds of any sale made under this part subsection (a) of Code Section 44-14-453 shall be applied first to the payment of the lien for services rendered by the person, firm, or corporation making the sale for its services in laundering, cleaning, tailoring, altering, repairing, or dyeing the articles sold; and the residue, if any, shall be paid on demand to the owner of the goods sold."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

TUESDAY, MARCH 12, 1991

2169

On the passage of the Bill, by substitute, the ayes were 92, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

SB 201. By Senators Deal of the 49th and Foster of the 50th:
A bill to amend Code Section 48-5-274 of the Official Code of Georgia Annotated, relating to the establishment of equalized adjusted school property tax digest by the state auditor, the establishment and use of average ratio, and the furnishing of information to the State Board of Education, so as to provide that the ratio shall be determined by establishing the ratio of assessed value to sales price for a representative number of parcels of real property title to which was transferred during the two preceding calendar years and by establishing the median ratio of assessed value to sales price for the county as a whole based upon a representative number of usable transactions studied.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 48-5-274 of the Official Code of Georgia Annotated, relating to the establishment of equalized adjusted school property tax digest by the state auditor, the establishment and use of average ratio, and the furnishing of information to the State Board of Education, so as to provide that certain parcels shall not be included in the sales ratio study; to provide that personnel of the Department of Audits and Accounts shall use the Standard on Assessment-Ratio Studies; 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. Code Section 48-5-274 of the Official Code of Georgia Annotated, relating to the establishment of equalized adjusted school property tax digest by the state auditor, the establishment and use of average ratio, and the furnishing of information to the State Board of Education, is amended by striking paragraph (5) of subsection (a) of said Code section in its entirety and inserting in lieu thereof a new paragraph (5) to read as follows:
"(5) Establish for each county in the state the average ratio of assessed value to true value of county property subject to taxation for school purposes, excluding railroad equipment company property. The ratio shall be determined by establishing the ratio of assessed value to sales price for a representative number of parcels of real property title to which was transferred during a preceding period of time, such period to be determined by the state auditor, and by establishing the average ratio of assessed value to sales price for the county as a whole based upon a representative number of usable transactions studied. The representative number of parcels of real property used for the study shall not include any parcel title te :
(A) Title to which was transferred pursuant to the exercise of the power of eminent domain^;
(B) Title to which was transferred in a non-arm's length sale as defined by the Standard on Assessment-Ratio Studies published by the International Association of Assessing Officers or its successors; or
(C) Title to which was transferred in a sale for investment or development purposes and whose sales price is not reflective of current use of said property. No single parcel included in the study shall have a sales price which exceeds 10 percent of the total sales price of all parcels included in the study. The state auditor shall supplement realty sales price data available in any county with actual appraisals of a representative number of parcels of farm property and industrial and commercial property located within the county, the title to which was not transferred within the period of

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time determined by the state auditor. The state auditor may make appraisals on other types of real property located within the county when adequate reliable sales data cannot be obtained on such property. The state auditor shall use the same ratio for other personal property, excluding motor vehicles, within the county as is finally determined for real property within the county."
Section 2. Said Code section is further amended by striking subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The average ratio of assessed value to true value of county property to be established by the state auditor for the purposes of paragraph (5) of subsection (a) of this Code section shall be established through the use of personnel of the Department of Audits and Accounts who have sufficient competence and expertise by way of education, training, and experience in the fields of property evaluation and appraisal techniques. Personnel of the Department of Audits and Accounts shall use the Standard on Assessment-Ratio Studies published by the International Association of Assessing Officers or its successors to determine other unusable transactions and the representative number of parcels and usable transactions necessary to establish accurately the average ratio described in paragraph (5) of subsection (a) of this Code section."
Section 3. This Act shall become effective January 1, 1992, and shall be applicable to each equalized adjusted school property tax established and maintained by the state auditor after January 1, 1992.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

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, by substitute, the ayes were 108, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker: The Senate insists on its substitute to the following Bill of the House:

HB 279. By Representatives Dunn of the 73rd, Pinkston of the 100th, Childers of the 15th, Groover of the 99th, Connell of the 87th and others:
A bill to amend Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance, so as to prohibit certain provisions relating to the utilization and reimbursement of out-of-state mail order pharmacies in group or blanket accident and sickness insurance policies or preferred provider arrangements under such policies.

Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:

SB 385. By Senator English of the 21st:
A bill to amend Code Section 12-13-10 of the Official Code of Georgia Annotated, relating to environmental assurance fees, so as to raise the allowable fee from 0.1 cent per gallon to 1.0 cent per gallon; to provide for related matters; to provide an effective date.

TUESDAY, MARCH 12, 1991

2171

The report of the Committee, which was favorable to the passage of the Bill, was to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Abernathy N Adams
Y Aiken Y Alford N Atkins
Baker Y Balkcom Y Barfoot Y Bargeron
Barnett,B Barnett.M
Y Bates Y Beatty Y Benefield Y Birdsong N Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell N Canty Y Carrell Y Carter Y Chafin Y Chambless Y Cheeks Y Childers
Clark.E Clark.H

Y Clark,L Y Coker
Coleman Y Cohvell Y Connell
Y Culbreth Cummings,B
N Cummings.M N Davis,G N Davis,M Y Dixon.H
Dixon.S Y Dobbs
Dover Dunn
Y Edwards Y Elliott Y Felton
Fennel Y FloydJ.M Y Floyd,J.W YFlynt Y Godbee Y Golden Y Goodwin Y Green Y Greene
Griffin Y Groover Y Hamilton
Y Hammond Y Manner Y Harris,B Y Harris,J Y Heard Y Henson

Herbert Y Hightower
N Holland Y Holmes
Y Howard N Hudson Ylrwin
Y Jackson Y Jamieson
Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd YLaneJD
Y Lane,R Langford
Y Lawrence Y Lawson YLee YLong YLord Y Lucas
Y Lupton NMann
Martin N McCoy Y McKelvey
McKinney.B N McKinney.C
N Meadows Y Merritt
Milam Y Mills

Y Mobley N Moody Y Morsberger Y Moultrie Y Mueller N Oliver.C Y Oliver.M YOrr
Orrock Y Padgett YParham
Y Parrish Patten
Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston NPoag Y Porter Y Poston Y Powell,A N Powell.C Y Purcell YRandall
YRay Y Reaves
Redding Y Ricketson
Royal Y Selman Y Sherrill
Y Simpson Sinkfleld
N Skipper Y Smith.L

Y Smith.P Smith.T
Y Smith,W YSmyre YSnow
N Stancil,F Stancil,S
N Stanley Y Stephens
Streat Y Taylor Y Teper Y Thomas.C N Thomas,M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend
Turnquest N Twiggs Y Valenti N Vaughan Y Walker,J Y Walker,L Y Wall Y Ware Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams,J Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 127, nays 23. The Bill, having received the requisite constitutional majority, was passed.

SB 357. By Senators Foster of the 50th, Deal of the 49th and Johnson of the 47th:
A bill to amend Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Industry, Trade, and Tourism, so as to provide for state funding of local welcome centers; to provide for criteria for funding; to provide for restrictions on the use of such funding; to provide for audits and inspections; to provide for withholding of funds; to provide for discontinuation of funding.

The following amendment was read and adopted:

Representatives Walker of the 115th, Kilgore of the 42nd and Watson of the 114th move to amend SB 357 as follows:
By adding after the word "in" on line 10, page 2 the number and words "$2500.00 or" and by adding after the word "of on line 16, page 2 the numbers and words "1,000 or more persons for a $2500.00 grant or".

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

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JOURNAL OF THE HOUSE,

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Atkins
Baker Y Balkcom
Y Barfoot Y Bargeron Y Barnett,B
Barnett.M Y Bates
Y Beatty Y Benefield
Y Birdsong Y Blitch Y Bordeaux
Y Bostick Y Branch Y Breedlove Y Brooks Y Brown
Y Brush YBuck Y Buckner
YByrd Y Campbell
Y Canty Y Carrell Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark,H

Clark,L Y Coker Y Coleman Y Colwell
ConneU Y Culbreth Y Cummings.B Y Cummings,M Y Davis.G Y Davis.M Y Dizon.H Y Dim,S YDobbs
Y Dover Dunn
Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W YFlynt YGodbee Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Manner Y Harris,B
Y Harris,J Y Heard Y Henson

Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein
YLadd Y Lane,D
Y Lane,R Y Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas Y Lupton YMann Y Martin
Y McCoy Y McKelvey
McKinney,B McKinney.C Y Meadows Y Merritt YMilam Y Mills

Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock
Y Padgett YParham Y Parrish
Patten
Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter YPoston Y Powell,A Y Powell.C Y Purcell YRandall
YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith,L

Y Smith.P Y Smith.T Y Smith.W Y Smyre YSnow Y Stancil,F Y Stancil,S Y Stanley Y Stephens
Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond
Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall Y Ware Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams,.) Y Williams.R Y Yeargin
Murphy,Spkr

On the passage of the Bill, as amended, the ayes were 166, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 279. By Representatives Dunn of the 73rd, Pinkston of the 100th, Childers of the 15th, Groover of the 99th, ConneU of the 87th and others:
A bill to amend Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance, so as to prohibit certain provisions relating to the utilization and reimbursement of out-of-state mail order pharmacies in group or blanket accident and sickness insurance policies or preferred provider arrangements under such policies.

Representative Dunn of the 73rd moved that the House insist on its position in disagreeing to the Senate substitute to HB 279 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:

TUESDAY, MARCH 12, 1991

2173

Representatives Dunn of the 73rd, Parrish of the 109th and Ricketson of the 82nd.

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:

SB 389. By Senator Kidd of the 25th:
A bill to amend Code Section 3-6-21.1 of the Official Code of Georgia Annotated, relating to the licensing of farm wineries to engage in retail and wholesale sales, so as to provide that the limit on the maximum number of tasting rooms permissible off the premises of farm wineries shall be set by the commissioner of revenue; to provide that the commissioner of revenue shall authorize no fewer than 15 of such tasting rooms; to provide for intent.

The following Committee substitute was read and withdrawn:

A BILL
To amend Code Section 3-6-21.2 of the Official Code of Georgia Annotated, relating to Sunday sales by farm wineries in remote tasting rooms on Sundays where local laws permit; to provide for sale of wine by farm wineries in special entertainment districts on Sunday; to define special entertainment district; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 3-6-21.2 of the Official Code of Georgia Annotated, relating to Sunday sales on farm wineries, is amended by striking said Code section and inserting in lieu thereof a new Code Section 3-6-21.2 to read as follows:
"3-6-21.2. Notwithstanding any other provisions of this title to the contrary, in all counties in which the sale of wine is lawful by a farm winery en the premises of- the winery and in all municipalities in which the sale of wine is lawful by a farm winery e the premises ef the winery, a farm winery which is licensed to sell its wine in a tasting room or other licensed farm winery facility e the premises ef the wmery within the county or municipality, as the case may be, for consumption on the premises or in closed packages for consumption off the premises shall be authorized to sell its wine on Sundays from 12:30 P.M. until 12:00 Midnight in the tasting room or other licensed farm winery facility en the premises ef- the winery, to the same extent as its county or municipal license would otherwise permit. Nothing in this Code section shall be construed so as to authorize a farm winery to sell wine as provided herein on any other premises which are not actually located on the property where such farm wine is produced^ except in the locally designated special entertainment districts. As used in this Code section, 'special entertainment districts' means contiguous properties upon which is located a festival market place and entertainment project which is financed in whole or in part by. public funds and which contains a minimum of 200,000 square feet of gross leasable space for retail sales and entertainment purposes and which is located in the central business district of any such municipality if more than 50 percent of such contiguous properties are owned or controlled by a government entity."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Redding of the 50th, was read and adopted:

A BILL
To amend Code Section 3-6-21.2 of the Official Code of Georgia Annotated, relating to Sunday sales by farm wineries in remote tasting rooms on Sundays where local laws

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JOURNAL OF THE HOUSE,

permit; to provide for sale of wine by farm wineries in special entertainment districts on Sunday; to define special entertainment district; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 3-6-21.2 of the Official Code of Georgia Annotated, relating to Sunday sales on farm wineries, is amended by striking said Code section and inserting in lieu thereof a new Code Section 3-6-21.2 to read as follows:
"3-6-21.2. Notwithstanding any other provisions of this title to the contrary, in all counties in which the sale of wine is lawful by a farm winery en the premises of the winery and in all municipalities in which the sale of wine is lawful by a farm winery e the premises ef th winery, a farm winery which is licensed to sell its wine in a tasting room or other licensed farm winery facility e the premises ef- the wiaefy within the county or municipality, as the case may be, for consumption on the premises or in closed packages for consumption off the premises shall be authorized to sell its wine on Sundays from 12:30 P.M. until 12:00 Midnight in the tasting room or other licensed farm winery facility e* the premises ef the winery, to the same extent as its county or municipal license would otherwise permit. Nothing in this Code section shall be construed so as to authorize a farm winery to sell wine as provided herein on any other premises which are not actually located on the property where such farm wine is produced^ except in the locally designated special entertainment districts. As used in this Code section, 'special entertainment districts' means contiguous properties upon which is located a festival market place and entertainment project which is financed in whole or in part by public funds and which contains a minimum of 200,000 square feet of gross leasable space for retail sales and entertainment purposes and which is located in the central business district of any such municipality if more than 50 percent of such contiguous properties are owned or controlled by a government entity."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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, by substitute, the roll call was ordered and the vote was as follows:

Y Abernathy N Adams Y Aiken Y Alford Y Atkins Y Baker
Balkcom Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beatty
Benefield Birdsong Y Blitch Bordeaux Y Bostick Y Branch Y Breedlove
Y Brooks Y Brown N Brush YBuck Y Buckner
NByrd Y Campbell
Y Canty Y Carrell

Y Carter
Y Chafm Chambless
Y Cheeks Y Childers Y Clark,E Y Clark.H
Clark.L Y Coker Y Coleman
Colwell Y Connell Y Culbreth
Cummings,B Cummings,M Y Davis.G Y Davis.M Y Diion.H
Dixon,S Y Dobbs
Dover Y Dunn
Edwards N Elliott Y Felton Y Fennel
Floyd,J.M N Floyd,J.W
YFlynt

Y Godbee Y Golden Y Goodwin
Green
Y Greene Y Griffin Y Groover Y Hamilton
Y Hammond Y Banner Y Harris.B Y Harris,J N Heard Y Henson Y Herbert Y Hightower
Holland Y Holmes Y Howard Y Hudson Ylrwin Y Jackson
Jamieson N Jenkins
Y Jones Y Kilgore
YKing Y Kingston Y Klein

YLadd Y Lane,D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas
Lupton NMann Y Martin Y McCoy N McKelvey
McKinney,B McKinney.C
Y Meadows Y Merritt YMilam
Y Mills Y Mobley N Moody Y Morsberger N Moultrie N Mueller N Oliver.C Y Oliver.M YOrr

Y Orrock Y Padgett
Parham Y Parrish
Patten
Y Pelote Y Perry
Y Pettit Y Pinholster
Pinkston
Poag Porter Y Poston Y Powell,A Y Powell.C Y Purcell YRandall YRay Y Reaves Y Redding Ricketson Y Royal YSelman Y Sherrill Y Simp&on Sinkfield Y Skipper N Smith,L Y Smith,P

TUESDAY, MARCH 12, 1991

2175

Smith,T Y Smith,W YSmyre Y Snow
Y Stancil.F N Stancil,S
Stanley

Y Stephens Y Streat Y Taylor
Teper
Thomas,C Y Thomas.M Y Thomas.N

Y Thurmond Y Titus
Tolbert Townsend
Turnquest Twiggs Y Valenti

Y Vaughan Walker,J Walker,L
Y Wall
Y Ware Y Watson
Watts

Y White Y Wilder
Williams.B Williams,J
Y Williams,R Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 125, nays 15.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Pinholster of the 8th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representative Stanley of the 33rd stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye"
thereon.

The following Bills of the House were taken up for the purpose of considering the Senate amendments or substitutes thereto:

HB 449. By Representatives Benefield of the 72nd, Herbert of the 76th, King of the 72nd, Buckner of the 72nd, Chafin of the 72nd and others:
A bill to amend Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to arrests of persons, so as to provide that the decision to arrest shall not be based on the specific consent or request of the victim or consider the relationship between the parties; to provide for a written report in every incident of family violence investigated.

The following Senate substitute was read:

A BILL
To amend Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to arrests of persons, so as to provide that the decision to arrest shall not be based on the specific consent or request of the victim or consider the relationship between the parties; to provide for a written report in every incident of family violence investigated; to provide for the contents of such report; to provide for compilation of statistics; to provide for review and copying of reports by defendants; to provide that reports made when no arrest is made shall not be open to inspection; 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 17 of the Official Code of Georgia Annotated, relating to arrests of persons, is amended by adding a new Code Section 17-4-20.1 to read as follows:
"17-4-20.1. (a) Whenever a law enforcement officer responds to an incident in which an act of family violence, as defined in Code Section 19-13-1, has been committed, the officer shall not base the decision of whether to arrest and charge a person on the specific consent of the victim or on a request by the victim solely, or on consideration of the relationship of the parties. No officer investigating an incident of family violence shall threaten, suggest, or otherwise indicate the arrest of all parties for the purpose of discouraging requests for law enforcement intervention.
(b) Where complaints of family violence are received from two or more opposing parties, the officer shall evaluate each complaint separately to attempt to determine who

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was the primary aggressor. If the officer determines that one of the parties was the primary physical aggressor, the officer shall not be required to arrest any other person believed to have committed an act of family violence during the incident. In determining whether a person is a primary physical aggressor, an officer shall consider:
(1) Prior family violence involving either party; (2) The relative severity of the injuries inflicted on each person; (3) The potential for future injury; and (4) Whether one of the parties acted in self-defense. (c) Whenever a law enforcement officer investigates an incident of family violence, whether or not an arrest is made, the officer shall prepare and submit to the supervisor or other designated person a separate written report of the incident entitled 'Family Violence Report." The report shall include the following: (1) Name of the parties; (2) Relationship of the parties; (3) Sex of the parties; (4) Date of birth of the parties; (5) Time, place, and date of the incident; (6) Whether children were involved or whether the act of family violence was committed in the presence of children; (7) Type and extent of the alleged abuse; (8) Existence of substance abuse; (9) Number and types of weapons involved; (10) Existence of any prior court orders; (11) Number of complaints involving persons who have filed previous complaints; (12) Type of police action taken in disposition of case, the reasons for the officer's determination that one party was the primary physical aggressor, and mitigating circumstances for why an arrest was not made; (13) Whether the victim was apprised of available remedies and services; and (14) Any other information that may be pertinent. (d) The report provided for in subsection (c) of this Code section shall be considered as being made for statistical purposes only and where no arrests are made shall not be subject to the provisions of Article 4 of Chapter 18 of Title 50. However, upon request, a defendant who has been arrested for an act of family violence shall be entitled to review and copy any report prepared in accordance with this Code section relating to the defendant. (e) Each police department, including local precincts and county sheriff departments, shall report all family violence incidents, both arrests and nonarrests, to the Georgia Crime Information Center, which shall compile statistics of family violence crimes and cause them to be published annually in the Georgia Uniform Crime Reports. An offense shall be counted for each incident reported to the police. A zero shall be reported if no incidents have occurred during the reporting period."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Benefield of the 72nd moved that the House agree to the Senate substitute to HB 449.
On the motion, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken YAlford Y Atkins Y Baker Y Balkcom Y Barfoot YBargeron
Y Barnett,B Y Barnett,M

Y Bates Y Beatty Y Benefield YBirdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Y Brooks Y Brown

Y Brush Y Buck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell Y Carter Y Chafm
Y Chambless Y Cheeks

Y Childers Y Clark.E Y Clark.H
Clark,L Y Coker Y Coleman Y Colwell
Connell Y Culbreth
Y Cummings.B Cummings.M

Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott
Y Felton Y Fennel

TUESDAY, MARCH 12, 1991

2177

Floy<U.M YFloyd,J.W YFlynt YGodbee Y Golden Y Goodwin Y Green YGreene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris,J Y Heard Y Henson Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson

Y Jamieson YJenkins Y Jones Y Kilgore Y King Y Kingston Y Klein Y Ladd Y Lane,D Y Lane.R Y Langford Y Lawrence Y Lawson Y Lee Y Long Y Lord
Lucas Y Lupton Y Mann Y Martin Y McCoy Y McKelvey
McKinney.B McKinney.C Y Meadows

Y Merritt Milam
Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orr Y Orrock Y Padgett
Parham Y Parrish
Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston Y Poag Y Porter Y Poston Y Powell,A

Y Powell,C Y Purcell
Randall Y Ray Y Reaves
Redding Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith,L Smith.P Smith.T Y Smith.W Y Smyre Y Snow Y Stancil,F Y Stancil,S Stanley Y Stephens Y Streat Y Taylor

Y Teper Y Thomas,C
Thomas.M Y Thomas,N Y Thurmond Y Titus Y Tolbert
Townsend Y Tumquest Y Twiggs Y Valenti Y Vaughan Y Walker,J
Walker,L Y Wall
Ware Y Watson Y Watts Y White Y Wilder Y Wmiams,B
Williams,J Y Williams.R Y Yeargin
Murphy,Spkr

On the motion, the ayes were 157, nays 0. The motion prevailed.

HB 605. By Representative Heard of the 43rd:
A bill to amend Code Section 8-2-3 of the Official Code of Georgia Annotated, relating to requirements for toilets, shower heads, and faucets in buildings, so as to change effective dates; to prohibit the sale of certain toilets.

The following Senate substitute was read:

A BILL
To amend Code Section 8-2-3 of the Official Code of Georgia Annotated, relating to requirements for toilets, shower heads, and faucets in buildings, so as to change effective dates; to prohibit the sale of certain toilets; 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 8-2-3 of the Official Code of Georgia Annotated, relating to requirements for toilets, shower heads, and faucets in buildings, is amended by striking subsections (b), (d), (g), and (i) of said Code section in their entirety and inserting in lieu thereof the following:
"(b) After Jtriy January 1, 1991 1992, there shall not be initiated within this state the construction of any residential building of any type which:
(1) Employs a gravity tank-type, flushometer-valve, or flushometer-tank toilet that uses more than an average of 1.6 gallons of water per flush; provided, however, this paragraph shall not be applicable to one-piece toilets until July 1, 1992;
(2) Employs a shower head that allows a flow of more than an average of 2.5 gallons of water per minute at 60 pounds per square inch of pressure;
(3) Employs a urinal that uses more than an average of 1.0 gallon of water per flush;
(4) Employs a lavatory faucet or lavatory replacement aerator that allows a flow of more than 2.0 gallons of water per minute; or
(5) Employs a kitchen faucet or kitchen replacement aerator that allows a flow of more than 2.5 gallons of water per minute."

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"(d) The requirements of subsection (b) of this Code section shall apply to any residential construction initiated after Jly January 1, 1001 1992, and to any commercial construction initiated after July 1, 1992, which involves the repair or renovation of or addition to any existing building when such repair or renovation of or addition to such existing building includes the replacement of toilets or showers or both."
"(g) This Code section shall not apply to any construction of a residential building the contract for which was entered into prior to My January 1, 1001 1992, and shall not apply to any construction of a commercial building the contract for which was entered into prior to July 1, 1992."
"(i) Before Jaly January 1, 1001 1992, a city, county, or authority shall adopt and enforce the provisions of this Code section in order to be eligible to receive any of the following grants, loans, or permits:
(1) A water or waste-water facilities grant administered by the Department of Natural Resources or the Department of Community Affairs; or
(2) A water or waste-water facilities loan administered by the Georgia Environmental Facilities Authority."
Section 2. Said Code section is further amended by redesignating subsection (j) as subsection (k) and inserting a new subsection (j) to read as follows:
"(j) For purposes of this part, after January 1, 1992, the sale of a gravity tank-type, flushometer-valve, or flushometer-tank toilet that uses more than an average of 1.6 gallons of water per flush shall be prohibited."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Heard of the 43rd moved that the House disagree to the Senate substitute to HB 605.
The motion prevailed.

HB 776. By Representative Dunn of the 73rd:
A bill to amend Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to the licensing of insurance agents, solicitors, brokers, counselors, and adjusters, so as to provide for the licensing of administrators of certain life or accident and sickness insurance plans.

The following Senate substitute was read:

A BILL
To amend Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to the licensing of insurance agents, solicitors, brokers, counselors, and adjusters, so as to provide for the licensing of administrators of certain life or accident and sickness insurance plans and certain self-insured plans providing health, dental, short-term disability, or workers' compensation benefits; to provide a definition; to provide exceptions; to provide for licenses and renewals; to provide for applications and fees; to provide for grounds for refusal, suspension, or revocation of a license; to provide for hearings and appeals; to provide for surety bonds; to provide for examinations; to provide for rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to the licensing of insurance agents, solicitors, brokers, counselors, and adjusters, is amended by adding following Article 2 a new Article 3 to read as follows:
"ARTICLE 3
33-23-100. As used in this article, the term 'administrator' means any person who collects charges, fees, or premiums from, or who adjusts or settles claims on, residents

TUESDAY, MARCH 12, 1991

2179

of this state in connection with life or accident and sickness insurance coverage or annuities; self-insured plans providing health, dental, or short-term disability benefits; and self-insured plans providing workers' compensation benefits pursuant to Chapter 9 of Title 34 other than any of the following entities as long as such entities are acting directly through their officers and employees:
(1) An employer on behalf of its employees or the employees of one or more subsidiary or affiliated corporations of such employer;
(2) A union on behalf of its members; (3) An insurance company licensed in this state or its affiliate; (4) An insurer which is not authorized to transact insurance in this state if such insurer is administering a policy lawfully issued by it in and pursuant to the laws of a state in which it is authorized to transact insurance; (5) A life or accident and sickness insurance agent or broker licensed in this state whose activities are limited exclusively to the sale of insurance; (6) A creditor on behalf of its debtors with respect to insurance covering a debt between the creditor and its debtors; (7) A trust established in conformity with 29 U.S.C. Section 186 and its trustees, agents, and employees acting thereunder; (8) A trust exempt from taxation under Section 501 (a) of the Internal Revenue Code and its trustees and employees acting thereunder or a custodian and its agents and employees acting pursuant to a custodian account which meets the requirements of Section 401 (f) of the Internal Revenue Code; (9) A bank, credit union, or other financial institution which is subject to supervision or examination by federal or state banking authorities; (10) A credit card issuing company which advances for and collects premiums or charges from its credit card holders who have authorized it to do so, provided such company does not adjust or settle claims; or (11) A person who adjusts or settles claims in the normal course of his practice or employment as an attorney and who does not collect charges or premiums in connection with life or accident and sickness insurance coverage or annuities. 33-23-101. (a) No person shall act as or hold himself out to be an administrator in this state, other than an adjuster licensed in this state for the kinds of business for which he is acting as an administrator, unless such person holds a license as an administrator issued by the Commissioner. The license shall be renewable for such term and in such manner as the Commissioner may prescribe by rule or regulation. Failure to hold such license shall subject the administrator to the fines and other appropriate penalties as provided in Chapter 2 of this title. (b) An application for an administrator's license or an application for renewal of such license shall be accompanied by a filing fee to be prescribed by rule or regulation of the Commissioner. (c) A license may be refused or a license duly issued may be suspended or revoked or the renewal of such license refused by the Commissioner if, after notice and hearing as provided in subsection (d) of this Code section, he finds that the applicant for or holder of the license: (1) Has violated any provision of this title or of any other law of this state relating to insurance as defined in this chapter or relating to another type of insurance; (2) Has intentionally misrepresented or concealed any material fact in the application for the license;
(3) Has obtained or attempted to obtain the license by misrepresentation, concealment, or other fraud;
(4) Has misappropriated, converted to his own use, or illegally withheld money belonging to an insurer or an insured or beneficiary;
(5) Has committed fraudulent or dishonest practices;
(6) Has materially misrepresented the terms and conditions of insurance policies or contracts;
(7) Has failed to comply with or has violated any proper order, rule, or regulation issued by the Commissioner;

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(8) Is not in good faith carrying on business as an administrator; or (9) Has shown lack of trustworthiness or lack of competence to act as an administrator. (d) Before any administrator's license shall be suspended or revoked or the renewal of the license refused as prescribed under this Code section, the Commissioner shall give notice of his intention to do so, by registered or certified mail to the applicant for or holder of the license; and the Commissioner shall set a date not less than 20 days from the date of mailing the notice when the applicant or licensee may appear to be heard and produce evidence. In the conduct of the hearing, the Commissioner or any deputy commissioner specially designated by him for that purpose shall have power to administer oaths, to require the appearance of and examine any person under oath, and to require the production of books, records, or papers relevant to the inquiry upon his own initiative or upon request of the applicant or licensee. Upon the conclusion of the hearing, findings shall be reduced to writing and, upon approval by the Commissioner, shall be filed in his office and notice of the findings sent by registered or certified mail to the applicant or licensee. (e) No licensee whose license has been revoked as prescribed under this Code section shall be entitled to file another application for a license within two years from the effective date of the revocation or, if judicial review of such revocation is sought, within two years from the date of final court order or decree affirming the revocation. The application when filed may be refused by the Commissioner unless the applicant shows good cause why the revocation of his license shall not be deemed a bar to the issuance of a new license. (f) Any applicant whose application for an administrator's license has been rejected for any reason enumerated in paragraphs (1) through (9) of subsection (a) of this Code section, upon request therefor in writing within ten days after notice of such rejection, shall be entitled to a hearing as provided for by this Code section; and the procedure set forth by this Code section shall apply to the same. (g) Appeal from any order or decision of the Commissioner made pursuant to this article shall be taken as provided in Chapter 2 of this title. (h) The Commissioner may impose, by rule or regulation, additional reasonable qualifications necessary to obtain a license as an administrator. 33-23-102. (a) Every applicant for an administrator's license shall file with the application and shall thereafter maintain in force while so licensed a bond in favor of the Commissioner executed by a corporate surety insurer authorized to transact insurance in this state. The terms and type of the bond, including, but not limited to, total aggregate liability on the bond shall be established by the rule or regulation of the Commissioner. (b) The bond shall remain in force until the surety is released from liability by the Commissioner or until the bond is canceled by the surety. Without prejudice to any liability accrued prior to cancellation, the surety may cancel the bond upon 30 days' advance notice, in writing, filed with the Commissioner. 33-23-103. Administrators shall be subject to examination by the Commissioner in the same manner as insurance agents and adjusters in accordance with Chapter 2 of this title. 33-23-104. Requirements and procedures for written agreements, payments to administrators, maintenance of information, approval of advertising, underwriting provisions, premium collection, payment of claims, claim adjustment or settlement, notifications, and other matters involving administrators, may be established by rule or regulation of the Commissioner. 33-23-105. The Commissioner may promulgate rules and regulations which are necessary to implement the provisions of this article and to ensure the safe and proper operation of administrators of this state."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Representative Dunn of the 73rd moved that the House agree to the Senate substitute to HB 776.

TUESDAY, MARCH 12, 1991

2181

On the motion, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom
Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks
Brown Y Brush YBuck Y Buckner YByrd Y Campbell
Y Canty Y Carrell
Carter YChafin Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark.H

Clark,L Y Coker Y Coleman
Colwell Connell Y Culbreth Cummings.B Cummings.M Davis.G Y Davis.M Y Dixon.H Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt
Y Godbee Y Golden Y Goodwin
Green Y Greene Y Griffin Y Groover
Hamilton Y Hammond
Y Banner Y Harris,B
Y Harris,J Heard
Y Henson

Y Herbert Y Hightower Y Holland Y Holmes
Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane,D
Y Lane,R Y Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney.B McKinney.C Y Meadows Y Merritt Y Milam Y Mills

Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y 01iver,M
YOrr Y Orrock Y Padgett
Par ham Y Parrish
Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter YPoston Y Powell,A Y Powell,C Y Purcell
Randall
YRay Reaves Redding
Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield
Skipper Y Smith.L

Y Smith.P Smith.T Smith.W
YSmyre YSnow Y Stancil.F
Y Stancil,S Y Stanley
Stephens Y Streat Y Taylor YTeper
Thomas,C Y Thomas,M Y Thomas.N Y Thurmond Y Titus Y Tolbert
Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J
Walker.L Y Wall Y Ware Y Watson Y Watts
White Y Wilder Y WiUiams,B
Williams.J Y Williams,R Y Yeargin
Murphy.Spkr

On the motion, the ayes were 148, nays 0. The motion prevailed.

HB 814. By Representatives Alford of the 57th, Dobbs of the 74th, Milam of the 81st and Ware of the 77th:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Water Quality Control Act," so as to establish limits on the amount of phosphorus which may be contained in waste water discharged by certain water pollution control plants into the Chattahoochee River between Buford Dam and West Point Reservoir on or after January 1, 1992.

The following Senate amendment was read:

Amend HB 814 by striking from line 10 of page 2 the following: "July 4, 1996", and inserting in lieu thereof the following: "December 31, 1993".

The following amendment was read and adopted:

Representative Alford of the 57th moves to amend the Senate amendment to HB 814 as follows:

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JOURNAL OF THE HOUSE,

Strike from line 10 of page 2 the following: "December 31, 1993".
And insert in lieu thereof the following:
"July 4, 1996, and the order shall require that person to make his best efforts to achieve compliance with the discharge limitation by December 31, 1993".

Representative Alford of the 57th moved that the House agree to the Senate amendment, as amended by the House, to HB 814.
On the motion, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker
Y Balkcom Y Barfoot
Bargeron
Y Barnett.B Y Bainett,M
Bates Beatty Y Benefield
Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner
YByrd Y Campbell
Y Canty Y Carrell
Carter Y Chafin Y Chambless
Y Cheeks Y Childers
Y Clark,E Y Clark.H

Clark.L Y Coker
Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B
Cummings.M Y Davis.G Y Davis.M Y Dixon.H Y Dixon,S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W YFlynt Y Godbee Y Golden Y Goodwin
Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Banner Y Harris.B Y Harris,J
Heard Y Henson

Y Herbert Y Hightower
Holland Y Holmes
Howard
Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney.B McKinney.C Y Meadows Y Merritt YMilam Y Mills

Y Mobley Moody
Y Moreberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock
Y Padgett Y Parham
Parrish Patten Y Pelote Y Perry Y Pettit Y Pinholster Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell Randall YRay Reaves Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Sinkfield Y Skipper Y Smith,L

Y Smith,? Smith,T
Y Smith,W Y Smyre YSnow Y Stancil.F Y Stancil,S Y Stanley Y Stephens
Y Streat Y Taylor
Y Teper Thomas.C
Y Thomas.M Y Thomas.N Y Thurmond
Y Titus Y Tolbert
Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J
Walker.L Y Wall Y Ware Y Watson Y Watts
White Y Wilder Y Williams.B
Williams,J Y Williams.R Y Yeargin
Murphy,Spkr

On the motion, the ayes were 153, nays 0. The motion prevailed.

HB 845. By Representatives Randall of the 101st and Lord of the 107th:
A bill to amend Code Section 33-25-10 of the Official Code of Georgia Annotated, relating to payment of interest on proceeds or payments under certain insurance policies, so as to change a rate of interest.

The following Senate amendment was read:

Amend HB 845 by adding at the end of line 3 of page 1 the following:
"to revise provisions relative to the computation of interest;".
By adding on line 20 of page 1 after the word "event" and before the word "no" the following:

TUESDAY, MARCH 12, 1991

2183

"a claim is made and".

Representative Randall of the 101st moved that the House agree to the Senate amendment to HB 845.
On the motion, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker
Balkcom YBarfoot Y Bargeron Y Barnett,B Y Barnett,M
Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch
Breedlove
Y Brooks Y Brown Y Brush YBuck Y Buckner
YByrd Y Campbell
Y Canty Y Carrell
Y Carter Y Chafm Y Chambless Y Cheeks Y Childers
Clark,E
Clark,H

Clark.L Y Coker Y Coleman Y Colwell Y Connell
Y Culbreth Y Curamings.B
Cummings,M
Y Davis.G Y Davis.M Y Diion.H Y Dixon,S Y Dobbs Y Dover YDunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W YFlynt
YGodbee Y Golden Y Goodwin Y Green
Y Greene Y Griffin
Y Groover Y Hamilton Y Hammond
Y Banner Y Harris.B Y Harris,J Y Heard Y Henson

Y Herbert Y Hightower Y Holland
Holmes Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong YLord
Lucas Y Lupton YMann Y Martin
Y McCoy Y McKelvey
McKinney,B
McKinney.C Y Meadows Y Merritt YMilam Y Mills

On the motion, the ayes were 160, nays 0. The motion prevailed.

Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
YOrr Y Orrock Y Padgett YParham
Parrish
Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell Y Randall
YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson
Y Sinkfield Y Skipper Y Smith,L

Y Smith.P Smith.T
Y Smith.W Y Smyre YSnow Y Stancil,F Y Stancil.S
Stanley
Y Stephens Y Streat Y Taylor Y Teper
Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J
Walkcr.L Y Wall Y Ware Y Watson Y Watts
White Y Wilder
Y Williams.B Williams ,J
Y Williams.R Y Yeargin
Murphy.Spkr

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House:

HB 461. By Representatives Chambless of the 133rd and Thomas of the 69th:
A bill to amend Article 7 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to continuances, so as to change the provisions relating to continuance for the absence of a witness and what the application is to show.

The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House:

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JOURNAL OF THE HOUSE,

HB 272. By Representative Pettit of the 19th:
A bill to amend Chapter 11 of Title 25 of the Official Code of Georgia Annotated, known as the "Georgia Fire Sprinkler Act," so as to change the definition of the terms "fire protection sprinkler system" and "water-spray system"; to provide that the installation or repair of any underground facilities or piping which connects to and furnishes water for the fire protection sprinkler system or water-spray system shall be performed only by a utility contractor or fire protection sprinkler contractor.
The President has appointed on the part of the Senate the following:
Senators Garner of the 30th, Hammill of the 3rd and Kidd of the 25th.

The Speaker announced the House in recess until 1:45 o'clock this afternoon.

TUESDAY, MARCH 12, 1991

2185

AFTERNOON SESSION

The Speaker called the House to order.
The following Bills of the House were taken up for the purpose of considering the Senate amendments or substitutes thereto:
HB 292. By Representative Reaves of the 147th:
A bill to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to enact the "Equine Activities Immunity Act".
The following Senate substitute was read:
A BILL
To amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to provide for immunity for equine professionals engaged in equine activities; to provide for definitions; to provide for exceptions to immunity from liability; to provide for notice of immunity to certain persons; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 4 of the Official Code of Georgia Annotated, relating to animals, is amended by adding at the end thereof a new Chapter 12 to read as follows:
"CHAPTER 12
4-12-1. The General Assembly recognizes that persons who participate in equine activities may incur injuries as a result of the risks involved in such activities. The General Assembly also finds that the state and its citizens derive numerous economic and personal benefits from such activities. The General Assembly finds, determines, and declares that this chapter is necessary for the immediate preservation of the public peace, health, and safety. It is, therefore, the intent of the General Assembly to encourage equine activities by limiting the civil liability of those involved in such activities.
4-12-2. As used in this chapter, the term: (1) 'Engages in an equine activity' means riding, training, providing or assisting in
providing medical treatment of, driving, or being a passenger upon an equine, whether mounted or unmounted, or any person assisting a participant or show management. The term 'engages in an equine activity' does not include being a spectator at an equine activity, except in cases where the spectator places himself in an unauthorized area and in immediate proximity to the equine activity.
(2) 'Equine' means a horse, pony, mule, donkey, or hinny. (3) 'Equine activity' means:
(A) Equine shows, fairs, competitions, performances, or parades that involve any or all breeds of equines and any of the equine disciplines, including, but not limited to, dressage, hunter and jumper horse shows, grand prix jumping, three-day events, combined training, rodeos, driving, pulling, cutting, polo, steeplechasing, English and western performance riding, endurance trail riding and western games, and hunting;
(B) Equine training or teaching activities, or both; (C) Boarding equines; (D) Riding, inspecting, or evaluating an equine belonging to another, whether or not the owner has received some monetary consideration or other thing of value for the use of the equine or is permitting a prospective purchaser of the equine to ride, inspect, or evaluate the equine;

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(E) Rides, trips, hunts, or other equine activities of any type however informal or impromptu that are sponsored by an equine activity sponsor;
(F) Placing or replacing horseshoes on an equine; and
(G) Examining or administering medical treatment to an equine by a veterinarian.
(4) 'Equine activity sponsor' means an individual, group, club, partnership, or corporation, whether or not the sponsor is operating for profit or nonprofit, which sponsors, organizes, or provides the facilities for an equine activity, including, but not limited to, pony clubs; 4-H clubs; hunt clubs; riding clubs; school and college sponsored classes, programs, and activities; therapeutic riding programs; and operators, instructors, and promoters of equine facilities, including, but not limited to, stables, clubhouses, ponyride strings, fairs, and arenas at which the activity is held.
(5) 'Equine professional' means a person engaged for compensation in:
(A) Instructing a participant or renting to a participant an equine for the purpose of riding, driving, or being a passenger upon the equine;
(B) Renting equipment or tack to a participant; or
(C) Examining or administering medical treatment to an equine as a veterinarian.
(6) 'Inherent risks of equine activities' means those dangers or conditions which are an integral part of equine activities, including, but not limited to:
(A) The propensity of an equine to behave in ways that may result in injury, harm, or death to persons on or around them;
(B) The unpredictability of an equine's reaction to such things as sounds, sudden movement, and unfamiliar objects, persons, or other animals;
(C) Certain hazards such as surface and subsurface conditions;
(D) Collisions with other equines or objects; and
(E) The potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the animal or not acting within his or her ability.
(7) 'Participant* means any person, whether amateur or professional, who engages in an equine activity, whether or not a fee is paid to participate in the equine activity.
4-12-3. (a) Except as provided in subsection (b) of this Code section, an equine activity sponsor, an equine professional, or any other person, which shall include a corporation or partnership, shall not be liable for an injury to or the death of a participant resulting from the inherent risks of equine activities and, except as provided in subsection (b) of this Code section, no participant or participant's representative shall make any claim against, maintain an action against, or recover from an equine activity sponsor, an equine professional, or any other person for injury, loss, damage, or death of the participant resulting from any of the inherent risks of equine activities.
(b) Nothing in subsection (a) of this Code section shall prevent or limit the liability of an equine activity sponsor, an equine professional, or any other person if the equine activity sponsor, equine professional, or person:
(1) (A) Provided the equipment or tack, and knew or should have known that the equipment or tack was faulty, and such equipment or tack was faulty to the extent that it did cause the injury.
(B) Provided the equine and failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine activity and to safely manage the particular equine based on the participant's representations of his ability;
(2) Owns, leases, rents, or otherwise is in lawful possession and control of the land or facilities upon which the participant sustained injuries because of a dangerous latent condition which was known to the equine activity sponsor, equine professional,
or person and for which warning signs have not been conspicuously posted;
(3) Commits an act or omission that constitutes willful or wanton disregard for the
safety of the participant, and that act or omission caused the injury; or
(4) Intentionally injures the participant.

TUESDAY, MARCH 12, 1991

2187

(c) Nothing in subsection (a) of this Code section shall prevent or limit the liability of an equine activity sponsor or an equine professional under liability provisions as set forth in the products liability laws.
4-12-4. (a) Every equine professional and every equine activity sponsor shall post and maintain signs which contain the warning notice specified in subsection (b) of this Code section. Such signs shall be placed in a clearly visible location on or near stables, corrals, or arenas where the equine professional or the equine activity sponsor conducts equine activities. The warning notice specified in subsection (b) of this Code section shall appear on the sign in black letters, with each letter to be a minimum of one inch in height. Every written contract entered into by an equine professional or by an equine activity sponsor for the providing of professional services, instruction, or the rental of equipment or tack or an equine to a participant, whether or not the contract involves equine activities on or off the location or site of the equine professional's or the equine activity sponsor's business, shall contain in clearly readable print the warning notice specified in subsection (b) of this Code section.
(b) The signs and contracts described in subsection (a) of this Code section shall contain the following warning notice:
WARNING
Under Georgia law, an equine activity sponsor or equine professional is not liable for an injury to or the death of a participant in equine activities resulting from the inherent risks of equine activities, pursuant to Chapter 12 of Title 4 of the Official Code of Georgia Annotated.
(c) Failure to comply with the requirements concerning warning signs and notices provided in this Code section shall prevent an equine activity sponsor or equine professional from invoking the privileges of immunity provided by this chapter."
Section 2. This Act shall apply only to causes of action filed on or after July 1, 1991.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Reaves of the 147th and Holland of the 136th move to amend the Senate substitute to HB 292 by inserting after the word "known" on line 24 of page 5 the following:
"or should have been known".

Representative Holland of the 136th moved that the House agree to the Senate substitute, as amended by the House, to HB 292.
On the motion, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker
Balkcom Y Barfoot Y Bargeron
Barnett,B Y Barnett,M Y Bates Y Beatty Y Benefield
Birdsong Y Blitch Y Bordeaux

Bostick Y Branch Y Breedlove Y Brooks
Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell
Carter Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.H
Clark,L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B Y Cummings.M
Davis.G Y Davis.M
Dixon.H Y Dkon.S
Dobbs Dover Dunn

Edwards Y Elliott Y Felton Y Fennel
Floyd,J.M Floyd,J.W Y Flynt Y Godbee Y Golden Goodwin E Green Y Greene Y Griffin Groover Hamilton Y Hammond Hanner

Y Harris.B Y Harris,J
Heard Y Henson
Herbert Hightower Y Holland Holmes Y Howard Y Hudson Y Irwin Y Jackson Jamieson Y Jenkins Y Jones Y Kilgore Y King

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JOURNAL OF THE HOUSE,

Y Kingston Y Klein YLadd
Lane.D Lane.R YLangford Y Lawrence Y Lawson YLee
Long YLord Y Lucas
Lupton YMann
Martin YMcCoy Y McKelvey
McKinney.B McKinney.C

Y Meadows Y Merritt
Milam Y Mills Y Mobley
Moody Morsberger Y Moultrie Y Mueller Oliver.C Oliver,M YOrr Orrock Y Padgett YParham Y Parrish Y Patten Y Pelote Y Perry

Y Pettit Y Pinholster Y Pinkston YPoag
Porter Poston Y Pcwell.A Y Powell.C Y Purcell Randall
Ray Y Reaves Y Redding Y Ricketson Y Royal
Selman Y Sherrill Y Simpson
Sinkfield

Y Skipper Smith,L
Y Smith,P Smith.T
Y Smith.W YSmyre YSnow
Stancil,F Y Stancil,S
Stanley Y Stephens Y Streat Y Taylor Y Teper
Thomas.C Thomas.M Y Thomas,N Thurmond Y Titus

Y Tolbert Townsend
Y Turnquest Twiggs
Y Valenti Y Vaughan Y WalkerJ
Walker,L Y Wall
Ware Y Watson Y Watts
White Wilder
Williams,B Williams,,;
Y Williams.R Y Yeargin
Murphy ,Spkr

On the motion, the ayes were 120, nays 0. The motion prevailed.

HB 769. By Representatives Dunn of the 73rd and Ware of the 77th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to establish standards and requirements for the operation of multiple employer self-insured health plans.

The following Senate amendment was read:

Amend HB 769 by adding at the end of line 2 of page 1 the following:
"provide for the publication by an insurer of an annual summary of its financial condition and matters relative thereto; to".
By adding between lines 18 and 19 of page 1 the following:
"is amended by adding at the end of Chapter 9, relating to the regulation of rates, underwriting rules, and related organizations, a new Code Section 33-9-42 to read as follows:
'33-9-42. An insurer which is required by this chapter to file its rates, rating plans, rating systems, or underwriting rules with the Commissioner shall also be required to publish an annual summary of its financial condition. Such publication shall be made only once on the first Friday in April of each year in a newspaper of general circulation in Fulton County or in the county of the insurer's principal business office. The summary of financial condition shall be in such form and contain such information as prescribed by regulation or rule of the Commissioner and specifically shall contain a summary of any rate filing during the previous calendar year which resulted in an increase in rates or premiums. The Commissioner may demand verification of compliance with this Code section.'
Section 2. Said title further".
By striking "Section 2." on line 28 of page 7 and inserting in its place "Section 3."
By striking "Section 3." on line 30 of page 7 and inserting in its place "Section 4."

Representative Dunn of the 73rd moved that the House disagree to the Senate amendment to HB 769.
The motion prevailed.

TUESDAY, MARCH 12, 1991

2189

HB 554. By Representatives King of the 72nd, Childers of the 15th and Buckner of the 72nd:
A bill to amend Code Section 17-10-15 of the Official Code of Georgia Annotated, relating to HIV testing of persons who commit AIDS transmitting crimes, so as to require those tests upon indictment for such crimes.

The following Senate substitute was read:

A BILL
To amend Code Section 17-10-15 of the Official Code of Georgia Annotated, relating to HIV testing of persons who commit AIDS transmitting crimes, so as to provide procedures for such tests on persons arrested for certain offenses; to remove the discretion to order such tests in certain circumstances; to require disclosure to victims of certain such crimes or to the parents or guardians of such victims; to provide for the psychological and physical well-being of the victim; to change the provisions relating to the use of reports by courts; to provide for a definition; to prohibit the use of results of tests and related information in certain criminal or civil proceedings; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 17-10-15 of the Official Code of Georgia Annotated, relating to HIV testing of persons who commit AIDS transmitting crimes, is amended by striking that Code section and inserting in its place a new Code section to read as follows:
"17-10-15. (a) Any term used in this Code section and defined in Code Section 31-22-9.1 shall have the meaning provided for such term in Code Section 31-22-9.1.
(b) A victim or the parent or legal guardian of a minor or incompetent victim of a sexual offense as defined in Code Section 31-22-9.1 or other crime which involves significant exposure as defined by subsection (g) of this Code section, may request that the agency responsible for prosecuting the alleged offense request that the person arrested for such offense submit to a test for the human immunodeficiency virus and consent to the release of the test results to the victim. If the person so arrested declines to submit to such a test, the judge of the superior court in which the criminal charge is pending, upon a showing of probable cause that the person arrested for the offense committed the alleged crime and that significant exposure occurred, may order the test to be performed in compliance with the rules adopted by the Department of Human Resources. The cost of the test shall be borne by the victim or by the arrested person, in the discretion of the court.
{fe} (c) Upon a verdict or plea of guilty or a plea of nolo contendere to any AIDS transmitting crime, the court in which that verdict is returned or plea entered ay i
is provided fe* Code Section 31-3-16, shall require the defendant in such case to submit to an HIV test within 45 days following the date of the such verdict or plea. The clerk of the court in such case shall mail, within three days following the date of that verdict or plea, a copy of that verdict or plea to the Department of Human Resources.
{e) (d) The Department of Human Resources, within 30 days following receipt of the notification court's order under subsection (b) of this Code section or within 30 days following receipt of the copy of the verdict or plea under subsection (c) of this Code section, shall arrange for the HIV test for the person required to submit thereto.
W (e) Any person required under this Code section to submit to the HIV test who fails or refuses to submit to the test arranged pursuant to subsection {e} (d) of this Code section shall be subject to such measures deemed necessary by the court in which the order was entered, verdict was returned^ or plea was entered to require involuntary submission to the HIV test, and submission thereto may also be made a condition of suspending or probating any part of that person's sentence for the AIDS transmitting

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{) (Q If a person is required by this Code section to submit to an HIV test and is thereby determined to be infected with HIV, that determination and the name of the person shall be reported to:
(1) The Department of Human Resources, which may shall disclose the name of the person if necessary te provide and shall as necessary to provide counseling to each victim of that person's AIDS transmitting crime if that crime is other than one specified in subparagraph (a)(3)(J) of Code Section 31-22-9.1 or to any parent or guardian of any such victim who is a minor or incompetent person if the Department ef Human Resources believes the crime pesed ft reasonable risk ef- transmitting HIV- te the vie vim j
(2) The court which ordered the HIV test, which court shall make that report a part of that person's criminal record d may fee authorized te conaidcr that report k imposing sentence. That report shall be sealed by the court; and
(3) The officer in charge of any penal institution or other facility in which the person has been confined by order or sentence of the court for purposes of enabling that officer to confine the person separately from those not infected with HIV. (g) For the purpose of subsection (b) of this Code section, 'significant exposure' means contact of the victim's ruptured or broken skin or mucous membranes with the blood or body fluids of the person arrested for such offense, other than tears, saliva, or perspiration, of a magnitude that the Centers for Disease Control have epidemiologically demonstrated can result in transmission of the human immunodeficiency virus. (h) The state may not use the fact that a medical procedure or test was performed on a person under this Code section or use the results of the procedure or test in any criminal proceeding arising out of the alleged offense."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative King of the 72nd moved that the House agree to the Senate substitute to HB 554.
On the motion, the ayes were 100, nays 5.
The motion prevailed.

HB 450. By Representatives Snow of the 1st, Mobley of the 64th, Padgett of the 86th, Coker of the 21st, Dixon of the 128th and others:
A bill to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Administrative Services and state purchasing in general, so as to provide that the policy of the state is that all bills owed by the state and its institutions and agencies will be paid in a timely manner.

The following Senate amendment was read:

Amend HB 450 by adding on line 12 of page 1, between the semicolon and the word "to", the following:
"to provide an exception;".
By deleting the quotation marks at the end of line 2 on page 7.
By adding between lines 2 and 3 on page 7 the following:
"(q) The provisions of this Code section shall not apply to claims by providers of public assistance to or on behalf of recipients pursuant to the provisions of Chapter 4 of Title 49.'"

TUESDAY, MARCH 12, 1991

2191

Representative Snow of the 1st moved that the House agree to the Senate amendment to HB 450.
On the motion the ayes were 92, nays 3.
The motion prevailed.

HB 72. By Representatives Twiggs of the 4th, Murphy of the 18th, Coleman of the 118th, Colwell of the 4th, Dover of the llth and others:
A bill to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, known as the "Georgia Controlled Substances Act," so as to comprehensively change the provisions relating to forfeitures of real or personal property acquired with proceeds from the manufacture, distribution, or sale of a controlled substance or marijuana or exchanged for a controlled substance or marijuana or used to facilitate a violation of said "Georgia Controlled Substances Act".

The following Senate substitute was read:

A BILL
To amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, known as the "Georgia Controlled Substances Act," so as to revise substantially the provisions relating to forfeitures; to provide for definitions; to provide for the filing of actions and the practices, procedures, time limits, and notices related thereto; to provide for jurisdiction; to provide for compromise and settlement; to provide for seizure and disposition of property, rights therein, and proceeds derived therefrom; to provide for liens and the filing, enforcement, and release thereof; to provide that certain rented or leased vehicles are not subject to forfeiture; to provide procedures in connection therewith; to provide for duties and powers of the director of the Georgia Drugs and Narcotics Agency and agents, drug agents, law enforcement officers, sheriffs, and prosecuting attorneys; to provide for service of process and notices; to provide that certain property taken or detained is not subject to replevin, conveyance, sequestration, or attachment; to provide for the consolidation of actions; to provide for bonds; to provide for seizure, storage, use, and retention of property; to provide for inventory and estimates of value; to provide for claims, hearings, and the determination of rights and interests in property; to provide for temporary restraining orders; to provide for the sale or other disposition of property or interests therein; to provide for jurisdiction and power of courts and the judges thereof; to provide that certain substances shall be forfeited to the state; to provide for the nonabatement of certain causes of action and forfeitures; to provide a statement of intent; to correct cross-references; to amend Code Section 16-12-100 of the Official Code of Georgia Annotated, relating to sexual exploitation of children and forfeitures, so as to correct a cross-reference; 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. Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, known as the "Georgia Controlled Substances Act," is amended by striking Code Section 16-13-49, relating to forfeitures, and inserting in lieu thereof a new Code Section 16-13-49 to read as follows:
"16-13-49. (a) As used in this Code section, the term: (1) 'Controlled substance' shall have the same meaning as provided in paragraph
(4) of Code Section 16-13-21 and shall also include marijuana as such term is defined in paragraph (16) of Code Section 16-13-21, notwithstanding any other provisions of this article.
(2) 'Costs' means, but is not limited to:

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(A) All expenses associated with the seizure, towing, storage, maintenance, custody, preservation, operation, or sale of the property; and
(B) Satisfaction of any security interest or lien not subject to forfeiture under
this Code section. (3) 'Court costs' means, but is not limited to:
(A) All court costs, including the costs of advertisement, transcripts, and court
reporter fees; and (B) Payment of receivers, conservators, appraisers, accountants, or trustees
appointed by the court pursuant to this Code section. (4) 'Enterprise' means any person, sole proprietorship, partnership, corporation, trust, association, or other legal entity created under the laws of this state, of the United States or any of the several states of the United States, or of any foreign nation or a group of individuals associated in fact although not a legal entity and includes illicit as well as licit enterprises and governmental as well as other entities. (5) 'Governmental agency' means any department, office, council, commission, committee, authority, board, bureau, or division of the executive, judicial, or legislative branch of a state, the United States, or any political subdivision thereof. (6) 'Interest holder' means a secured party within the meaning of Code Section 11-9-105 or the beneficiary of a perfected encumbrance pertaining to an interest in
property. (7) 'Owner' means a person, other than an interest holder, who has an interest in
property and is in compliance with any statute requiring its recordation or reflection in public records in order to perfect the interest against a bona fide purchaser for
value. (8) 'Proceeds' means property derived directly or indirectly from, maintained by,
or realized through an act or omission and includes any benefit, interest, or property of any kind without reduction for expenses incurred for acquisition, maintenance, or any other purpose.
(9) 'Property' means anything of value and includes any interest in anything of value, including real property and any fixtures thereon, and tangible and intangible personal property, including but not limited to currency, instruments, securities, or any other kind of privilege, interest, claim, or right.
(10) 'United States' includes its territories, possessions, and dominions and the District of Columbia. (b) (1) An action filed pursuant to this Code section shall be filed in the name of the State of Georgia and may be brought:
(A) In the case of an in rem action, by the district attorney for the judicial circuit where the property is located;
(B) In the case of an in personam action, by the district attorney for the judicial circuit in which the defendant resides; or
(C) By the district attorney having jurisdiction over any offense which arose out of the same conduct which made the property subject to forfeiture. Such district attorney may bring an action pursuant to this Code section in any superior court of this state. (2) If more than one district attorney has jurisdiction to file an action pursuant to this Code section, the district attorney having primary jurisdiction over a violation of this article shall, in the event of a conflict, have priority over any other district attorney.
(3) Any action brought pursuant to this Code section may be compromised or settled in the same manner as other civil actions.
(c) An action for forfeiture brought pursuant to this Code section shall be tried:
(1) If the action is in rem against real property, in the county where the property is located, except where a single tract is divided by a county line, in which case the superior court of either county shall have jurisdiction;
(2) If the action is in rem against tangible or intangible personal property, in any county where the property is located or will be during the pendency of the action; or
(3) If the action is in personam, as provided by law.

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(d) The following are declared to be contraband and no person shall have a property right in them:
(1) All controlled substances, raw materials, or controlled substance analogs that have been manufactured, distributed, dispensed, possessed, or acquired in violation of this article;
(2) All property which is, directly or indirectly, used or intended for use in any manner to facilitate a violation of this article or any proceeds derived or realized therefrom;
(3) All property located in this state which was, directly or indirectly, used or intended for use in any manner to facilitate a violation of this article or of the laws of the United States or any of the several states relating to controlled substances which is punishable by imprisonment for more than one year or any proceeds derived or realized therefrom;
(4) All weapons possessed, used, or available for use in any manner to facilitate a violation of this article or any of the laws of the United States or any of the several states relating to controlled substances which is punishable by imprisonment for more than one year;
(5) Any interest, security, claim, or property or contractual right of any kind affording a source of influence over any enterprise that a person has established, oper-
ated, controlled, conducted, or participated in the conduct of in violation of this article or any of the laws of the United States or any of the several states relating to controlled substances which is punishable by imprisonment for more than one year or
any proceeds derived or realized therefrom; and (6) All moneys, negotiable instruments, securities, or other things of value which
are found in close proximity to any controlled substance or marijuana or other property which is subject to forfeiture under this subsection.
(e) A property interest shall not be subject to forfeiture under this Code section if the owner of such interest or interest holder establishes that the owner or interest holder:
(1) Is not legally accountable for the conduct giving rise to its forfeiture, did not consent to it, and did not know and could not reasonably have known of the conduct
or that it was likely to occur; (2) Had not acquired and did not stand to acquire substantial proceeds from the
conduct giving rise to its forfeiture other than as an interest holder in an arm's length
commercial transaction; (3) With respect to conveyances for transportation only, did not hold the property
jointly, 5n common, or in community with a person whose conduct gave rise to its forfeiture;
(4) Does not hold the property for the benefit of or as nominee for any person whose conduct gave rise to its forfeiture, and, if the owner or interest holder acquired
the interest through any such person, the owner or interest holder acquired it as a bona fide purchaser for value without knowingly taking part in an illegal transaction; and
(5) Acquired the interest:
(A) Before the completion of the conduct giving rise to its forfeiture, and the person whose conduct gave rise to its forfeiture did not have the authority to convey
the interest to a bona fide purchaser for value at the time of the conduct; or (B) After the completion of the conduct giving rise to its forfeiture:
(i) As a bona fide purchaser for value without knowingly taking part in an illegal transaction;
(ii) Before the filing of a lien on it and before the effective date of a notice of pending forfeiture relating to it and without notice of its seizure for forfeiture
under this article; and (iii) At the time the interest was acquired, was reasonably without cause to
believe that the property was subject to forfeiture or likely to become subject to forfeiture under this article. A property interest shall not be subject to forfeiture under this Code section for a viola-
tion involving one gram of cocaine or less or four ounces of marijuana or less unless said

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property was used to facilitate a transaction in or a purchase of or sale of a controlled substance or marijuana.
(f) A rented or leased vehicle shall not be subject to forfeiture unless it is established in forfeiture proceedings that the owner of the rented or leased vehicle is legally accountable for the conduct which would otherwise subject the vehicle to forfeiture, consented to the conduct, or knew or reasonably should have known of the conduct or that it was likely to occur. Upon learning of the address or phone number of the company which owns any rented or leased vehicle which is present at the scene of an arrest or other action taken pursuant to this Code section, the duly authorized authorities shall immediately contact the company to inform it that the vehicle is available for the company to take possession.
(g) (1) Property which is subject to forfeiture under this Code section may be seized by the director of the Georgia Drugs and Narcotics Agency or any duly authorized agent or drug agent of this state or by any law enforcement officer of this state or of any political subdivision thereof who has power to make arrests or execute process or a search warrant issued by any court having jurisdiction over the property. A search warrant authorizing seizure of property which is subject to forfeiture pursuant to this Code section may be issued on an affidavit demonstrating that probable cause exists for its forfeiture or that the property has been the subject of a previous final judgment of forfeiture in the courts of this state, any other state, or the United States. The court may order that the property be seized on such terms and conditions as are
reasonable. (2) Property which is subject to forfeiture under this Code section may be seized
without process if there is probable cause to believe that the property is subject to forfeiture under this article or the seizure is incident to an arrest or search pursuant to a search warrant or to an inspection under an inspection warrant.
(3) The court's jurisdiction over forfeiture proceedings is not affected by a seizure in violation of the Constitution of Georgia or the United States Constitution made with process or in a good faith belief of probable cause. (h) (1) When property is seized pursuant to this article, the sheriff, drug agent, or law enforcement officer seizing the same shall report the fact of seizure, in writing, within 20 days thereof to the district attorney of the judicial circuit having jurisdiction in the county where the seizure was made.
(2) Within 60 days from the date of seizure, a complaint for forfeiture shall be initiated as provided for in subsection (n), (o), or (p) of this Code section.
(3) If the state fails to initiate forfeiture proceedings against property seized for forfeiture by notice of pending forfeiture within the time limits specified in paragraphs (1) and (2) of this subsection, the property must be released on the request of an owner or interest holder, pending further proceedings pursuant to this Code section, unless the property is being held as evidence.
(i) (1) Seizure of property by a law enforcement officer constitutes notice of such seizure to any person who was present at the time of seizure who may assert an interest in the property.
(2) When property is seized pursuant to this article, the district attorney or the sheriff, drug agent, or law enforcement officer seizing the same shall give notice of the seizure to any owner or interest holder who is not present at the time of seizure by personal service, publication, or the mailing of written notice:
(A) If the owner's or interest holder's name and current address are known, by either personal service or mailing a copy of the notice by certified mail to that address;
(B) If the owner's or interest holder's name and address are required by law to be on record with a government agency to perfect an interest in the property but the owner's or interest holder's current address is not known, by mailing a copy of the notice by certified mail, return receipt requested, to any address on the record; or
(C) If the owner's or interest holder's address is not known and is not on record as provided in subparagraph (B) of this paragraph or the owner's or interest

TUESDAY, MARCH 12, 1991

2195

holder's interest is not known, by publication in two consecutive issues of a newspaper of general circulation in the county in which the seizure occurs. (3) Notice of seizure must include a description of the property, the date and place of seizure, the conduct giving rise to forfeiture, and the violation of law alleged, (j) A district attorney may file, without a filing fee, a lien for forfeiture of property upon the initiation of any civil or criminal proceeding under this article or upon seizure for forfeiture. The filing constitutes notice to any person claiming an interest in the property owned by the named person. The filing shall include the following: (1) The lien notice must set forth:
(A) The name of the person and, in the discretion of the state, any alias and any corporations, partnerships, trusts, or other entities, including nominees, that are either owned entirely or in part or controlled by the person; and
(B) The description of the property, the criminal or civil proceeding that has been brought under this article, the amount claimed by the state, the name of the court where the proceeding or action has been brought, and the case number of the proceeding or action if known at the time of filing; (2) A lien under this subsection applies to the described property and to one named person and to any aliases, fictitious names, or other names, including names of corporations, partnerships, trusts, or other entities, that are either owned entirely or in part or controlled by the named person and any interest in real property owned or controlled by the named person. A separate lien for forfeiture of property must be filed for any other person; (3) The lien creates, upon filing, a lien in favor of the state as it relates to the seized property or to the named person or related entities with respect to said property. The lien secures the amount of potential liability for civil judgment and, if applicable, the fair market value of seized property relating to all proceedings under this article enforcing the lien. The forfeiture lien referred to in this subsection must be filed in accordance with the provisions of the laws in this state pertaining to the type of property that is subject to the lien. The state may amend or release, in whole or in part, a lien filed under this subsection at any time by filing, without a filing fee, an amended lien in accordance with this subsection which identifies the lien amended. The state, as soon as practical after filing a lien, shall furnish to any person named in the lien a notice of the filing of the lien. Failure to furnish notice under this subsection does not invalidate or otherwise affect a lien filed in accordance with this subsection; (4) Upon entry of judgment in favor of the state, the state may proceed to execute on the lien as in the case of any other judgment;
(5) A trustee, constructive or otherwise, who has notice that a lien for forfeiture of property, a notice of pending forfeiture, or a civil forfeiture proceeding has been filed against the property or against any person or entity for whom the person holds title or appears as the owner of record shall furnish, within ten days, to the district attorney or his designee the following information:
(A) The name and address of the person or entity for whom the property is held;
(B) The names and addresses of all beneficiaries for whose benefit legal title to the seized property, or property of the named person or related entity, is held; and
(C) A copy of the applicable trust agreement or other instrument, if any, under which the trustee or other person holds legal title or appears as the owner of record of the property; and
(6) A trustee, constructive or otherwise, who fails to comply with this subsection shall be guilty of a misdemeanor.
(k) Property taken or detained under this Code section is not subject to replevin, conveyance, sequestration, or attachment. The seizing law enforcement agency or the district attorney may authorize the release of the property if the forfeiture or retention is unnecessary or may transfer the action to another agency or district attorney by discontinuing forfeiture proceedings in favor of forfeiture proceedings initiated by the other law enforcement agency or district attorney. An action under this Code section may be

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consolidated with any other action or proceeding under this article relating to the same property on motion by an interest holder and must be so consolidated on motion by the district attorney in either proceeding or action. The property is deemed to be in the custody of the State of Georgia subject only to the orders and decrees of the superior court having jurisdiction over the forfeiture proceedings.
(1) (1) If property is seized under this article, the district attorney may:
(A) Remove the property to a place designated by the superior court having jurisdiction over the forfeiture proceeding;
(B) Place the property under constructive seizure by posting notice of pending forfeiture, by giving notice of pending forfeiture to its owners and interest holders, or by filing notice of seizure in any appropriate public record relating to the property;
(C) Remove the property to a storage area, within the jurisdiction of the court, for safekeeping or, if the property is a negotiable instrument or money and is not needed for evidentiary purposes, the district attorney may authorize its being deposited in an interest-bearing account in a financial institution in this state. Any accrued interest shall follow the principal in any judgment with respect thereto;
(D) Provide for another governmental agency, a receiver appointed by the court
pursuant to Chapter 8 of Title 9, an owner, or an interest holder to take custody of the property and remove it to an appropriate location within the county where
the property was seized; or (E) Require the sheriff or chief of police of the political subdivision where the
property was seized to take custody of the property and remove it to an appropriate
location for disposition in accordance with law. (2) If any property which has been attached or seized pursuant to this Code section is perishable or is liable to perish, waste, or be greatly reduced in value by keep-
ing or if the expense of keeping the same is excessive or disproportionate to the value thereof, the court, upon motion of the state, a claimant, or the custodian, may order
the property or any portion thereof to be sold upon such terms and conditions as may be prescribed by the court; and the proceeds shall be paid into the registry of the
court pending final disposition of the action. (m) As soon as possible, but not more than 30 days after the seizure of property, the seizing law enforcement agency shall conduct an inventory and estimate the value of the
property seized. (n) If the estimated value of personal property seized is $25,000.00 or less, the dis-
trict attorney may elect to proceed under the provisions of this subsection in the following manner:
(1) Notice of the seizure of such property shall be posted in a prominent location in the courthouse of the county in which the property was seized. Such notice shall
include a description of the property, the date and place of seizure, the conduct giving rise to forfeiture, and the violation of law alleged;
(2) A copy of the notice shall be served upon an owner, interest holder, or person in possession of the property at the time of seizure as provided in subsection (i) of
this Code section and shall be published for at least three successive weeks in a newspaper of general circulation in the county where the seizure was made;
(3) The owner or interest holder may file a claim within 30 days after the second publication of the notice of forfeiture by sending the claim to the seizing law enforce-
ment agency and to the district attorney by certified mail, return receipt requested; (4) The claim must be signed by the owner or interest holder under penalty of per-
jury and must set forth: (A) The caption of the proceedings as set forth on the notice of pending forfei-
ture and the name of the claimant;
(B) The address at which the claimant will accept mail; (C) The nature and extent of the claimant's interest in the property; (D) The date, identity of the transferor, and circumstances of the claimant's
acquisition of the interest in the property; (E) The specific provision of this Code section relied on in asserting that the
property is not subject to forfeiture;

TUESDAY, MARCH 12, 1991

2197

(F) All essential facts supporting each assertion; and (G) The precise relief sought; (5) If a claim is filed, the district attorney shall file a complaint for forfeiture as provided in subsection (o) or (p) of this Code section within 30 days of the actual receipt of the claim. A person who files a claim shall be joined as a party; and (6) If no claim is filed within 30 days after the second publication of the notice of forfeiture, all right, title, and interest in the property is forfeited to the state and the district attorney shall dispose of the property as provided in subsection (u) of this Code section, (o) In rem proceedings.
(1) In actions in rem, the property which is the subject of the action shall be named as the defendant. The complaint shall be verified on oath or affirmation by a duly authorized agent of the state in a manner required by the laws of this state. Such complaint shall describe the property with reasonable particularity; state that it is located within the county or will be located within the county during the pendency of the action; state its present custodian; state the name of the owner or interest holder, if known; allege the essential elements of the violation which is claimed to exist; state the place of seizure, if the property was seized; and conclude with a prayer of due process to enforce the forfeiture.
(2) A copy of the complaint and summons shall be served on any person known to be an owner or interest holder and any person who is in possession of the property.
(A) Service of the complaint and summons shall be as provided in subsections (a), (b), (c), and (d) of Code Section 9-11-4.
(B) If real property is the subject of the action or the owner or interest holder is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself so as to avoid service, notice
of the proceeding shall be published once a week for two successive weeks in the newspaper in which the sheriffs advertisements are published. Such publication shall be deemed notice to any and all persons having an interest in or right affected
by such proceeding and from any sale of the property resulting therefrom, but shall not constitute notice to an interest holder unless that person is unknown or resides
out of the state or departs the state or cannot after due diligence be found within the state or conceals himself to avoid service.
(C) If tangible property which has not been seized is the subject of the action,
the court may order the sheriff or another law enforcement officer to take possession of the property. If the character or situation of the property is such that the
taking of actual possession is impracticable, the sheriff shall execute process by affixing a copy of the complaint and summons to the property in a conspicuous place and by leaving another copy of the complaint and summons with the person
having possession or his agent. In cases involving a vessel or aircraft, the sheriff or other law enforcement officer is authorized to make a written request with the
appropriate governmental agency not to permit the departure of such vessel or aircraft until notified by the sheriff or his deputy that the vessel or aircraft has been released.
(3) An owner of or interest holder in the property may file an answer asserting a claim against the property in the action in rem. Any such answer shall be filed within
30 days after the service of the summons and complaint. Where service is made by publication and personal service has not been made, an owner or interest holder shall file an answer within 30 days of the date of final publication. An answer must be veri-
fied by the owner or interest holder under penalty of perjury. In addition to complying with the general rules applicable to an answer in civil actions, the answer must set forth:
(A) The caption of the proceedings as set forth in the complaint and the name of the claimant;
(B) The address at which the claimant will accept mail; (C) The nature and extent of the claimant's interest in the property; (D) The date, identity of transferor, and circumstances of the claimant's acquisition of the interest in the property;

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(E) The specific provision of this Code section relied on in asserting that the property is not subject to forfeiture;
(F) All essential facts supporting each assertion; and (G) The precise relief sought. (4) If at the expiration of the period set forth in paragraph (3) of this subsection no answer has been filed, the court shall order the disposition of the seized property as provided for in this Code section. (5) If an answer is filed, a hearing must be held within 60 days after service of the complaint unless continued for good cause and must be held by the court without a jury. (6) An action in rem may be brought by the state in addition to or in lieu of any other in rem or in personam action brought pursuant to this title, (p) In personam proceedings. (1) The complaint shall be verified on oath or affirmation by a duly authorized agent of the state in a manner required by the laws of this state. It shall describe with reasonable particularity the property which is sought to be forfeited; state its present custodian; state the name of the owner or interest holder, if known; allege the essential elements of the violation which is claimed to exist; state the place of seizure, if the property was seized; and conclude with a prayer of due process to enforce the forfeiture. (2) Service of the complaint and summons shall be as follows: (A) Except as otherwise provided in this subsection, service of the complaint and summons shall be as provided by subsections (a), (b), (c), and (d) of Code Section 9-11-4; and (B) If the defendant is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself so as to avoid service, notice of the proceedings shall be published once a week for two successive weeks in the newspaper in which the sheriffs advertisements are published. Such publication shall be deemed sufficient notice to any such defendant. (3) A defendant shall file a verified answer within 30 days after the service of the summons and complaint. Where service is made by publication and personal service has not been made, a defendant shall file such answer within 30 days of the date of final publication. In addition to complying with the general rules applicable to an answer in civil actions, the answer must contain all of the elements set forth in paragraph (3) of subsection (o) of this Code section. (4) Any interest holder or person in possession of the property may join any action brought pursuant to this subsection as provided by Chapter 11 of Title 9, known as the 'Georgia Civil Practice Act.'
(5) If at the expiration of the period set forth in paragraph (3) of this subsection no answer has been filed, the court shall order the disposition of the seized property as provided for in this Code section.
(6) If an answer is filed, a hearing must be held within 60 days after service of the complaint unless continued for good cause and must be held by the court without a jury.
(7) On a determination of liability of a person for conduct giving rise to forfeiture under this Code section, the court must enter a judgment of forfeiture of the property described in the complaint and must also authorize the district attorney or his agent or any law enforcement officer or peace officer to seize all property ordered to be forfeited which was not previously seized or was not then under seizure. Following the entry of an order declaring the property forfeited, the court, on application of the state, may enter any appropriate order to protect the interest of the state in the property ordered to be forfeited.
(8) Except as provided in this subsection, no person claiming an interest in property subject to forfeiture under this Code section may intervene in a trial or appeal of a criminal action or in an in personam civil action involving the forfeiture of the property,
(q) In conjunction with any civil or criminal action brought pursuant to this article:

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(1) The court, on application of the district attorney, may enter any restraining order or injunction; require the execution of satisfactory performance bonds; appoint receivers, conservators, appraisers, accountants, or trustees; or take any action to seize, secure, maintain, or preserve the availability of property subject to forfeiture under this article, including issuing a warrant for its seizure and writ of attachment, whether before or after the filing of a complaint for forfeiture;
(2) A temporary restraining order under this Code section may be entered on application of the district attorney, without notice or an opportunity for a hearing, if the district attorney demonstrates that:
(A) There is probable cause to believe that the property with respect to which the order is sought, in the event of final judgment or conviction, would be subject to forfeiture under this title; and
(B) Provision of notice would jeopardize the availability of the property for forfeiture; (3) Notice of the entry of a restraining order and an opportunity for a hearing must be afforded to persons known to have an interest in the property. The hearing must be held at the earliest possible date consistent with the date set in subsection (b) of Code Section 9-11-65 and is limited to the issues of whether:
(A) There is a probability that the state will prevail on the issue of forfeiture and that failure to enter the order will result in the property's being destroyed, conveyed, encumbered, removed from the jurisdiction of the court, concealed, or otherwise made unavailable for forfeiture; and
(B) The need to preserve the availability of property through the entry of the requested order outweighs the hardship on any owner or interest holder against whom the order is to be entered; (4) If property is seized for forfeiture or a forfeiture lien is filed without a previous judicial determination of probable cause or order of forfeiture or a hearing under paragraph (2) of this subsection, the court, on an application filed by an owner of or interest holder in the property within 30 days after notice of its seizure or lien or actual knowledge of such seizure or lien, whichever is earlier, and complying with the requirements for an answer to an in rem complaint, and after five days' notice to the district attorney of the judicial circuit where the property was seized or, in the case of a forfeiture lien, to the district attorney filing such lien, may issue an order to show cause to the seizing law enforcement agency for a hearing on the sole issue of whether probable cause for forfeiture of the property then exists. The hearing must be held within 30 days unless continued for good cause on motion of either party. If the court finds that there is no probable cause for forfeiture of the property, the property must be released pending the outcome of a judicial proceeding which may be filed pursuant to this Code section; and (5) The court may order property that has been seized for forfeiture to be sold to satisfy a specified interest of any interest holder, on motion of any party, and after notice and a hearing, on the conditions that:
(A) The interest holder has filed a proper claim and:
(i) Is authorized to do business in this state and is under the jurisdiction of a governmental agency of this state or of the United States which regulates financial institutions, securities, insurance, or real estate; or
(ii) Has an interest that the district attorney has stipulated is exempt from forfeiture;
(B) The interest holder must dispose of the property by commercially reasonable public sale and apply the proceeds first to its interest and then to its reasonable expenses incurred in connection with the sale or disposal; and
(C) The balance of the proceeds, if any, must be returned to the actual or constructive custody of the court, in an interest-bearing account, subject to further proceedings under this Code section.
(r) A defendant convicted in any criminal proceeding is precluded from later denying the essential allegations of the criminal offense of which the defendant was convicted in any proceeding pursuant to this Code section, regardless of the pendency of an appeal

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from that conviction; however, evidence of the pendency of an appeal is admissible. For the purposes of this Code section, a conviction results from a verdict or plea of guilty, including a plea of nolo contenders,
(s) In hearings and determinations pursuant to this Code section: (1) The court may receive and consider, in making any determination of probable
cause or reasonable cause, all evidence admissible in determining probable cause at a preliminary hearing or by a magistrate pursuant to Article 1 of Chapter 5 of Title 17, together with inferences therefrom;
(2) The fact that money or a negotiable instrument was found in proximity to contraband or to an instrumentality of conduct giving rise to forfeiture authorizes the trier of the fact to infer that the money or negotiable instrument was the proceeds of conduct giving rise to forfeiture or was used or intended to be used to facilitate such conduct; and
(3) There is a rebuttable presumption that any property of a person is subject to forfeiture under this Code section if the state establishes probable cause to believe that:
(A) The person has engaged in conduct giving rise to forfeiture; (B) The property was acquired by the person during the period of the conduct giving rise to forfeiture or within a reasonable time after the period; and (C) There was no likely source for the property other than the conduct giving rise to forfeiture. (t) (1) All property declared to be forfeited under this Code section vests in this state at the time of commission of the conduct giving rise to forfeiture together with the proceeds of the property after that time. Any property or proceeds transferred later to any person remain subject to forfeiture and thereafter must be ordered to be forfeited unless the transferee claims and establishes in a hearing under this Code section that the transferee is a bona fide purchaser for value and the transferee's interest is exempt under subsection (e) of this Code section. (2) On entry of judgment for a person claiming an interest in the property that is subject to proceedings to forfeit property under this Code section, the court shall order that the property or interest in property be released or delivered promptly to that person free of liens and encumbrances, as provided under this article. (3) The court shall order a claimant who fails to establish that a substantial portion of the claimant's interest is exempt from forfeiture under subsection (e) of this Code section to pay the reasonable costs relating to the disproving of the claim which were incurred by the state, including costs for investigation, prosecution, and attorneys' fees. (u) (1) Whenever property is forfeited under this article, any property which is required by law to be destroyed or which is harmful to the public shall, when no longer needed for evidentiary purposes, be destroyed or forwarded to the Division of Forensic Sciences of the Georgia Bureau of Investigation or any other agency of state or local government for destruction or for any medical or scientific use not prohibited under the laws of the United States or this state. (2) When property, other than money, is forfeited under this article, the court may:
(A) Order the property to be sold, with the proceeds of the sale to be distributed as provided in paragraph (4) of this subsection; or
(B) Provide for the in-kind distribution of the property as provided for in paragraph (4) of this subsection.
(3) Where property is to be sold pursuant to this subsection, the court may direct that such property be sold by:
(A) Judicial sale as provided in Article 7 of Chapter 13 of Title 9; provided, however, that the court may establish a minimum acceptable price for such property; or
(B) Any commercially feasible means, including, but not limited to, in the case of real property, listing such property with a licensed real estate broker, selected by the district attorney through competitive bids.

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2201

(4) All money and property forfeited in the same forfeiture proceeding shall be pooled together for distribution as follows:
(A) A fair market value shall be assigned to all items of property other than money in such pool; and a total value shall be established for the pool by adding together the fair market value of all such property in the pool and the amount of money in the pool;
(B) All costs, including court costs, shall be paid and the remaining pool shall be distributed pro rata to the state and to local governments, according to the role which their law enforcement agencies played in the seizure of the assets; provided, however, that the amount distributed to the state shall not exceed 25 percent of the amount distributed; county governments are authorized upon request of the District Attorney to provide for payment of any and all necessary expenses for the operation of the office from the said forfeiture pool up to 10% of the amount distributed, in addition to any other expenses paid by the county to the District Attorney's office.
(C) An order of distribution provided for in this subsection shall be submitted by the district attorney to the court for approval; and
(D) (i) Property and money distributed to a local government shall be passed
through to the local law enforcement agency until the sum equals 33 Vi percent of the amount of local funds appropriated or otherwise made available to such agency for the fiscal year in which such funds are distributed. Proceeds received
may be used for any official law enforcement purpose except for the payment of salaries or rewards to law enforcement personnel, at the discretion of the chief
officer of the local law enforcement agency, or may be used to fund victim-witness assistance programs. Such property shall not be used to supplant any other local, state, or federal funds appropriated for staff or operations.
(ii) The local governing authority shall expend any remaining proceeds for any law enforcement purpose; for the representation of indigents in criminal cases; for drug treatment, rehabilitation, prevention, or education or any other program
which responds to problems created by drug or substance abuse; for use as matching funds for grant programs related to drug treatment or prevention; to fund
victim-witness assistance programs; or for any combination of the foregoing. (iii) Any local law enforcement agency receiving property under this subsection
shall submit an annual report to the local governing authority. The report shall be submitted with the agency's budget request and shall itemize the property received during the fiscal year and the utilization made thereof.
(iv) Money distributed to the state pursuant to this subsection shall be paid into the general fund of the state treasury, it being the intent of the General
Assembly that the same be used, subject to appropriation from the general fund in the manner provided by law, for funding of Article 2 of Chapter 12 of Title 17, "The Georgia Indigent Defense Act," for representation of indigents in criminal cases; for funding of the Crime Victims Emergency Fund; for law enforcement
and prosecution agency programs and particularly for funding of advanced drug investigation and prosecution training for law enforcement officers and prosecut-
ing attorneys; for drug treatment, rehabilitation, prevention, or education or any other program which responds to problems created by drug or substance abuse; for use as matching funds for grant programs related to drug treatment or preven-
tion; or for financing the judicial system of the state. (v) Property distributed in kind to the state pursuant to this subsection may
be designated by the Attorney General, with the approval of the court, for use by such agency or officer of the state as may be appropriate or, otherwise, shall be
turned over to the Department of Administrative Services for such use or disposition as may be determined by the commissioner of the Department of Adminis-
trative Services. (v) An acquittal or dismissal in a criminal proceeding does not preclude civil pro-
ceedings under this article. (w) For good cause shown, the court may stay civil forfeiture proceedings during the
criminal trial resulting from a related indictment or information alleging a violation of this article.

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(x) (1) The court shall order the forfeiture of any property of a claimant or defendant up to the value of property found by the court to be subject to forfeiture under the provisions of this Code section if any of the forfeited property:
(A) Cannot be located; (B) Has been transferred or conveyed to, sold to, or deposited with a third party; (C) Is beyond the jurisdiction of the court; (D) Has been substantially diminished in value while not in the actual physical custody of the receiver or governmental agency directed to maintain custody of the property; or (E) Has been commingled with other property that cannot be divided without difficulty. (2) In addition to any other remedy provided for by law, a district attorney on behalf of the state may institute an action in any court of this state or of the United States or any of the several states against any person acting with knowledge or any person to whom notice of a lien for forfeiture of property has been provided in accordance with subsection (j) of this Code section; to whom notice of seizure has been provided in accordance with subsection (i) of this Code section; or to whom notice of a civil proceeding alleging conduct giving rise to forfeiture under this Code section has been provided, if property subject to forfeiture is conveyed, alienated, disposed of, or otherwise rendered unavailable for forfeiture after the filing of a forfeiture lien notice or notice of seizure or after the filing and notice of a civil proceeding alleging conduct giving rise to forfeiture under this Code section, as the case may be. The state may recover judgment in an amount equal to the value of the lien but not to exceed the fair market value of the property or, if there is no lien, in an amount not to exceed the fair market value of the property, together with reasonable investigative expenses and attorneys' fees. If a civil proceeding is pending, the action must be heard by the court in which the civil proceeding is pending. (3) A district attorney may file and prosecute in any of the courts of this state or of the United States or of any of the several states such civil actions as may be necessary to enforce any judgment rendered pursuant to this Code section. (4) No person claiming an interest in property subject to forfeiture under this article may commence or maintain any action against the state concerning the validity of the alleged interest other than as provided in this Code section. Except as specifically authorized by this Code section, no person claiming an interest in such property may file any counterclaim or cross-claim to any action brought pursuant to this Code section. (5) A civil action under this article must be commenced within five years after the last conduct giving rise to forfeiture or to the claim for relief became known or should have become known, excluding any time during which either the property or defendant is out of the state or in confinement or during which criminal proceedings relating to the same conduct are in progress. (y) Controlled substances included in Schedule I which are contraband and any controlled substance whose owners are unknown are summarily forfeited to the state. The court may include in any judgment of conviction under this article an order forfeiting any controlled substance involved in the offense to the extent of the defendant's interest. (z) This Code section must be liberally construed to effectuate its remedial purposes."
Section 2. Said article is further amended by striking subsection (f) of Code Section 16-13-30.1, relating to unlawful manufacture, delivery, and distribution of noncontrolled substances, and inserting in lieu thereof a new subsection (f) to read as follows:
"(f) All property which would be subject to forfeiture under the provisions of subsection {a) (d) of Code Section 16-13-49 for a violation of this article which is used, or intended for use, to facilitate, or is derived from, a violation of this Code section and any noncontrolled substance which is manufactured, distributed, dispensed, possessed with the intent to distribute, or sold in violation of this Code section are declared to

TUESDAY, MARCH 12, 1991

2203

be contraband and there shall be no property interest therein. Any property or noncontrolled substance which is subject to the provisions of this subsection shall be forfeited in accordance with the procedures of Code Section 16-13-49."
Section 3. Code Section 16-12-100 of the Official Code of Georgia Annotated, relating to sexual exploitation of children and forfeitures, is amended by striking paragraph (4) of subsection (e) of said Code section and inserting in lieu thereof a new paragraph (4) to read as follows:
"(4) The provisions of subsection {f) (u) of Code Section 16-13-49 shall apply for the disposition of any property forfeited under this subsection. In any disposition of property under this subsection, a convicted person shall not be permitted to acquire property forfeited by such person."
Section 4. (a) The repeal, or repeal and reenactment, of the provisions of Code Section 16-13-49 by this Act shall not abate any cause of action which arose at any previous time under the provisions of said Code section prior to the effective date of this Act. Furthermore, no action for forfeiture shall be abated as a result of the provisions of this Act, and any and every such action or cause of action shall continue, subject only to the applicable statute of limitations.
(b) No property shall be subject to forfeiture pursuant to this Act where the act or omission which makes such property subject to forfeiture occurred prior to the effective date of this Act unless such property was subject to forfeiture under the laws of this state at the time such act or omission occurred.
Section 5. This Act shall become effective July 1, 1991.
Section 6. All laws and parts of laws in conflict with this Act are repealed.
Representative Twiggs of the 4th moved that the House agree to the Senate substitute to HB 72.
On the motion, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Atkins
Baker Balkcom Y Barfoot Y Bargeron Barnett.B Y Barnett,M Y Bates Y Beatty Y Benefield Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark,H

Y Clark.L Y Coker Y Coleman
Colwell Y Connell
Y Culbreth Y Cummings,B
Cummings,M Davis,G Y Davis.M Y Dkon,H Y Dixon,S YDobbs Dover Dunn Y Edwards Y Elliott Y Felton Y Fennel Y FloydJ.M Y FloydJ.W Y Flynt
Y Godbee Y Golden
Good win E Green Y Greene Y Griffin
Groover Hamilton Y Hammond Banner Y Harris.B Y Harris,J Y Heard Y Henson

Herbert Y Hightower
Holland Holmes Y Howard Y Hudson
Ylrwin Y Jackson Y Jamieson Y Jenkins
Y Jones Y Kilgore
YKing Y Kingston Y Klein
YLadd Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson
YLee Long
YLord Y Lucas
Lupton
YMann Y Martin YMcCoy Y McKelvey Y McKinney.B Y McKinney.C Y Meadows Y Merritt
Milam Mills

Y Mobley Y Moody
Morsberger Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Purcell
Randall YRay
Reaves Redding Y Ricketson Y Royal Selman Y Sherrill
Y Simpson Sinkfield
Y Skipper
Y Smith.L

Y Smith.P Smith.T
Y Smith,W Y Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C
Thomas.M Y Thomas.N
Thurmond Y Titus Y Tolbert
Townsend Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker,L Y Wall Y Ware Y Watson Y Watts White Y Wilder Y Williams,B Williams,J Y WilliamsJR Y Yeargin Murphy ,Spkr

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JOURNAL OF THE HOUSE,

On the motion, the ayes were 140, nays 0. The motion prevailed.

HB 996. By Representatives Alford of the 57th, Irwin of the 57th, Henson of the 57th, Tolbert of the 58th, Redding of the 50th and others:
A bill to amend an Act to impose certain requirements and limitations upon ad valorem taxes levied by DeKalb County to finance the provision of certain governmental services, known as the "DeKalb County Special Services Tax Districts Act," so as to authorize the governing authority of any municipality lying wholly or partially in DeKalb County to provide by resolution that such municipality shall not constitute a special services tax district and shall not be subject to certain provisions of law.

The following Senate substitute was read:

A BILL
To amend an Act to impose certain requirements and limitations upon ad valorem taxes levied by DeKalb County to finance the provision of certain governmental services, known as the "DeKalb County Special Services Tax Districts Act," approved April 12,1982 (Ga. L. 1982, p. 4396), so as to authorize the governing authority of any municipality lying wholly or partially in DeKalb County to provide by resolution that such municipality shall not constitute a special services tax district and shall not be subject to certain provisions of law; to require a fiscal note; to provide for the contents of such fiscal note; to provide for the authority for this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act to impose certain requirements and limitations upon ad valorem taxes levied by DeKalb County to finance the provision of certain governmental services, known as the "DeKalb County Special Services Tax Districts Act," approved April 12,1982 (Ga. L. 1982, p. 4396), is amended by adding a new section immediately following Section 6A, to be designated Section 6B, to read as follows:
"Section 6B. Notwithstanding any other provision of this Act to the contrary, the governing authority of any municipality lying wholly or partially in DeKalb County shall be authorized to provide by resolution that such municipality shall not constitute a special services tax district and shall not be subject to the provisions of this Act or that constitutional amendment providing that certain municipalities in DeKalb County shall constitute special service tax districts, Resolution Act No. 168; House Resolution No. 715-1916; Ga. L. 1978, p. 2468. Prior to the adoption of any such resolution, the governing authority of such municipality shall request and receive a fiscal note from the governing authority of DeKalb County. Such fiscal note shall include a reliable estimate in dollars of the anticipated change in revenue or expenditures under the provisions of the proposed resolution. It shall also include a statement as to the immediate effect and, if determinable or reasonably forseeable, the long-range effect of the measure. If, after careful investigation, it is determined that no dollar estimate is possible, the fiscal note shall contain a statement to that effect, setting forth the reasons why no dollar estimate can be given."
Section 2. This Act is enacted pursuant to the authority granted to the General Assembly under Section 1 of that local constitutional amendment providing that certain municipalities in DeKalb County shall constitute special service tax districts, Resolution Act No. 168; House Resolution No. 715-1916; Ga. L. 1978, p. 2468, to control the subject matter of such local constitutional amendment.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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2205

Representative Alford of the 57th moved that the House agree to the Senate substitute to HB 996.
On the motion the ayes were 110, nays 0.
The motion prevailed.

The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House amendment thereto:

SB 311. By Senator English of the 21st:
A bill to amend Code Section 1-3-3 of the Official Code of Georgia Annotated, relating to definitions in the laws and statutes, so as to add definitions for agriculture, agricultural operations, agricultural or farm products, crops, and growing crops.

Representative Reaves of the 147th moved that the House insist on its position in amending SB 311.
The motion prevailed.

The following Bills and Resolution of the House were taken up for the purpose of considering the Senate amendments or substitutes thereto:

HB 290. By Representatives Lawson of the 9th and Bostick of the 138th:
A bill to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of the superior courts, so as to change the provisions relating to the fees of the clerks of the superior courts, the amount thereof, and the collection thereof.

The following Senate substitute was read:

A BILL
To amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of the superior courts, so as to change the provisions relating to the fees of the clerks of the superior courts, the amount thereof, and the collection thereof; to change the provisions relating to additional filing fees in divorce cases for the Children's Trust Fund; to amend Article 6 of Chapter 12 of Title 9 of the Official Code of Georgia Annotated, known as the "Uniform Enforcement of Foreign Judgments Law," so as to change the provisions relating to fees of clerks of the superior courts; to amend Code Section 19-8-20 of the Official Code of Georgia Annotated, relating to issuance of decrees of adoption, so as to change the provisions relating to fees of clerks of the superior courts; to amend Code Section 19-12-3 of the Official Code of Georgia Annotated, relating to certificates of change of name, so as to change the provisions relating to fees of clerks of the superior courts; to amend Code Section 36-15-9 of the Official Code of Georgia Annotated, relating to collection of additional costs in court cases for a county law library, so as to change the provisions relating to fees of clerks of the superior courts; to amend Article 2 of Chapter 9 of Title 40 of the Official Code of Georgia Annotated, relating to reporting motor vehicle accidents and giving security for damages, so as to change the provisions relating to fees of clerks of the superior courts; to amend Code Section 44-2-210 of the Official Code of Georgia Annotated, relating to fees payable under Article 2 of Chapter 2 of Title 44, known as "The Land Registration Law," so as to change the provisions relating to fees of clerks of the superior courts; to amend Part 13 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to the registration of liens

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for federal taxes, so as to change the provisions relating to fees of clerks of the superior courts; to amend Code Section 46-5-100 of the Official Code of Georgia Annotated, relating to fees under Part 3 of Article 2 of Chapter 5 of Title 46, known as the "Rural Telephone Cooperative Act," so as to change the provisions relating to fees of clerks of the superior courts; 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 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of the superior courts, is amended by striking Code Section 15-6-77, relating to fees of clerks of the superior courts, which reads as follows:
"15-6-77. (a) The clerks of the superior courts of this state shall be entitled to charge and collect the fees enumerated in subsections (b) through (f) of this Code section for official duties performed by them, provided that, in all counties in this state where the clerk of the superior court is on a salary basis, the fees provided for in this Code section shall be paid into the county treasury.
(b) Fees in civil cases: (1) (A) As used in this paragraph, the term 'domestic civil cases' means divorce cases, alimony cases, child support cases, annulment cases, and separate maintenance cases, and any modification of decree in any such cases. (B) Except as provided in Code Section 15-6-77.2, Code Section 15-6-77.3, and Code Section 47-14-51, the total costs for all services rendered by the clerk of superior court in domestic civil cases shall be $40.00, plus $8.00 for each party other than the original plaintiff and defendant. (2) Except as provided in Code Section 15-6-77.2, Code Section 15-6-77.3, Code
Section 47-14-51, and paragraphs (1) and (5) of this subsection, the total costs for all services rendered by the clerk of superior court in civil cases shall be $55.00, plus $8.00 for each party other than the original plaintiff and defendant.
(3) Nothing contained in this subsection shall be construed so as to prohibit the collection of any other costs authorized by law for postjudgment proceedings or for any other services which the clerk or the sheriff shall perform. Nothing contained in this Code section shall be construed to affect in any way the power and authority of the superior courts from taxing costs in accordance with law, but no costs shall be refunded by the clerk unless and until the same have been paid to the clerk by the losing party.
(4) The sums specified in this subsection shall be collected by the clerk at the time of filing of any civil case or proceeding. Such sum shall not be required if the party desiring to file such case or proceeding is unable, because of his indigence, to pay such sum and such party files with the clerk an affidavit to such effect, as provided by law. Nothing contained in this subsection shall be deemed to require such sum of the state, its agencies, or political subdivisions.
(5) In all cases involving condemnations or the validation and confirmation of revenue bonds pursuant to Code Section 36-82-79, the fees shall be:
(A) Filing and docketing actions, complaints, or motions...............................$ 4.00
(B) Copying and issuing process or summons................................................... 4.00
(C) Each copy after first copy............................................................................. 2.00
(D) Entering verdict or judgment on dockets................................................... 2.00
(E) Filing all subsequent pleadings and instruments ...................................... 1.00
(F) Validation and confirmation of revenue bonds pursuant to Code Section 36-82-79, first 500 bonds, each................................................... 1.00
All bonds over 500, each...................................................................................... .50
(G) Recording on final record, per page............................................................. 1.50
(c) Fees for filing and recording documents, instruments, etc., pertaining to property:

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(1) Recording and returning to sender all instruments pertaining to real estate, and deeds of trust or amendments thereto, in accordance with Code Section 53-12-52, first page........................................................$ 4.50
Each page, after the first........................................................................................ 2.00
(2) Recording cancellations of deeds, mortgages, and writs of fieri facias, each................................................................................................................... 3.50
(3) Recording maps or plats..................................................................................... 5.00
The fee charged for recording maps and plats shall include the fee required by Code Section 47-14-51.
(4) Filing and indexing financing statements, or any amendment thereto, and for stamping a copy furnished hy the secured party to show the date and place of filing for an original or a continuation statement, as provided in Code Section 11-9-403, first page............................ 5.00
Each page, after the first..................................................................................... 1.00
No fee shall be charged for filing a termination of a financing statement, as provided in Code Section 11-9-404, when the original financing statement was filed subsequent to July 1, 1981. No fee shall be charged for filing an assignment that is indicated on the original financing statement, as provided in Code Section 11-9-405.
(5) Filing and indexing release of collateral, as provided in Code Section 11-9-406, filing and indexing an assignment of security interest, as provided in Code Section 11-9-405(2), and filing of succeeding continuation statement, as provided in Code Section 11-9-403(3), first page.................................................................................................................... 5.00
Each page, after the first........................................................................................ 1.00
(6) Providing copy of any document filed under Article 9 of Title 11, per page................................................................................................................... 1.00
(7) Entering cross-reference in real property index, per entry........................... 1.00
(8) Filing affidavit to extend lien as required in Code Section 44-14-142, relating to the extension of a lien on personal property liens.................. 2.00
(d) Miscellaneous fees: (1) Recording any instrument or writing, fee not otherwise specified, first page ..........................................................................................................$ 4.50
Each page, after the first........................................................................................ 2.00
(2) Certification or exemplification of record, per page...................................... .50
(3) Clerk's certificate................................................................................................. 1.00
(4) Court's seal........................................................................................................... 1.00
(5) Issuing certificates of appointment and reappointment to notaries public, as provided by Code Section 45-17-4............................................... 8.00
(6) Registering and filing trade names pursuant to Code Section 10-1-490............................................................................................................ 5.00
(7) The clerk shall not charge a fee for recording discharge certificates of veterans, as provided in Code Section 15-6-78.

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(8) Filing and indexing each notice of lien or certificate or notice affecting the tax lien, in accordance with Code Section 44-14-574:
(A) Tax lien on real or personal property.......................................................... 2.00
(B) Certificate of discharge or subordination.................................................... 2.00
(C) All other notices, including a certificate of release or nonattachment............................................................................................. 2.00
(9) Reserved.
(10) Issuing certificate of pending or unsatisfied judgment, as provided in Code Section 40-9-40....................................................................................... 1.00
(11) No fee shall be charged for the issuance of license to practice law.
(12) Filing incorporation proceedings except for corporations for which filing procedures are governed by Chapter 2 of Title 14:
(A) Articles of incorporation................................................................................ 20.00
(B) Articles of amendment................................................................................... 20.00
(C) Restated articles.............................................................................................. 20.00
(D) Merger.............................................................................................................. 20.00
(E) Dissolution....................................................................................................... 20.00
(F) Involuntary dissolution.....................................................................................no fee
(G) Consolidation and merger.............................................................................. 20.00
(H) Certificate of election to dissolve................................................................. 20.00
(I) Order approving change of principal office.................................................. no fee
(J) Articles of incorporation as required by Code Section 46-5-100.............. 20.00
(13) Filing lien on offspring of livestock in accordance with Code Section 44-14-511........................................................................................................... .25
(14) Filing hospital lien, each page........................................................................... 2.00
(15) Filing lis pendens, each page............................................................................. 2.00
(16) Filing petition alleging one or more acts of family violence pursuant to Article 1 of Chapter 13 of Title 19.......................................................... 16.00
(17) Filing a foreign money judgment pursuant to Article 6 of Chapter 12 of Title 9........................................................................................................... 10.00
(e) Fees in quasi-civil and criminal cases: (1) Issuing writ of fieri facias...................................................................................$ 3.00
(2) Entering writ of fieri facias or other execution on general execution docket............................................................................................................... 2.00
(3) Issuing subpoena or summons to witness........................................................ 1.00
(4) Furnishing and certifying any process, order, etc., for publication............. 2.00
(5) Providing uncertified photocopies of documents in clerk's office, per page................................................................................................................... .25

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(6) Preparation of record and transcript to the Supreme Court and Court of Appeals, per page............................................................................ 1.50
Where a transcript of the evidence and proceedings is filed with the clerk and does not require recopying, the clerk shall not receive the fee herein prescribed with respect to such transcript, but shall receive, for filing and transmission of such transcript, a fee of.................. 5.00
(7) Entering remittitur from Supreme Court or Court of Appeals.................... 1.00
(8) Issuing jury script or check, each...................................................................... .30
(9) For each day of service in attendance upon the courts................................. 50.00
The per diem attendance upon the courts shall be paid from the treasury of the respective counties of this state only to clerks who are on a fee system of compensation.
(10) For performing the duties required of them by Article 2 of Chapter 2 of Title 44, the clerks shall receive the same fees as in other civil cases.
(11) For performing the duties required of them by Article 1 of Chapter 9A of Title 14, the 'Uniform Limited Partnership Act,' the clerks shall receive the same fees as in other civil cases.
(f) Fees in criminal cases: (1) Entering and docketing bills of indictment, presentments, no-bills, accusations, indictments, and accusation record..........................................$ 3.00
(2) Service in cases where the defendant is tried, pleads guilty, or there is a settlement.................................................................................................. 10.00
(3) Service in entering and docketing bills of indictment or presentments on minutes in cases of nolle prosequi.......................................................... 5.00
(4) Issuing and mailing first notice of arraignment pursuant to Code Section 17-7-91....................................................................................................... 1.00
(5) Affidavit of custodian, filing, and transmittal pursuant to Code Section 17-10-12.................................................................................................... 1.00
(6) Preparation and transmission of defendant's personal history and related documents, as provided in Code Section 42-5-50......................... 5.00
(7) Preparation and transmission of documents to superior court sentence review panel in accordance with Code Section 17-10-6, first copy, per page.................................................................................................. 1.50
Subsequent copies, per page................................................................................... .50
(8) Preparation and furnishing copy of the record of appeal in criminal cases where accused was convicted of capital felony, in accordance with Code Section 5-6-43, per page.............................................................. 1.50
Clerk's certificate...................................................................................................... 1.00
The clerk shall not receive compensation for the transcript of evidence and proceedings.
(g) All laws in force in this state which provide compensation for clerks of the superior courts for the discharge of duties not enumerated in this Code section nor in conflict with this Code section shall remain in full force and effect.", and inserting in lieu thereof a new Code Section 15-6-77 to read as follows:

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"15-6-77. (a) The clerks of the superior courts of this state shall be entitled to charge and collect the sums enumerated in this Code section.
(b) All sums as provided for in this Code section shall be inclusive of the sums that the clerks of the superior courts may be required to collect pursuant to Code Section 36-15-9 and Code Section 15-6-77.4. The sums provided in this Code section are exclusive of costs for service of process or other additional sums as may be provided by law.
(c) In all counties in this state where the clerk of the superior court is on a salary basis, the costs provided for in this Code section shall be paid into the county treasury less and except such sums as are collected pursuant to Code Section 36-15-9 and Code Section 15-6-77.4, which sums shall be remitted to such authorities as provided by law. Fees, sums, or other remuneration for the performance of duties provided for under the laws of the United States or regulations promulgated pursuant to such laws shall be as provided in such laws or regulations as personal compensation to the clerk of the superior court for the performance of such duties.
(d) Except for the filing of civil cases in which the filing party is indigent as provided in subsection (e) of this Code section, all sums specified in this Code section shall be paid to the clerk at the time of filing or other service.
(e) Costs in civil cases: (1) As used in this subsection, the term 'civil cases' shall include all actions, cases,
proceedings, motions, or filings civil in nature, including but not limited to actions for divorce, domestic relations actions, modifications on closed civil cases, adoptions, condemnation actions, and actions for the validation and confirmation of revenue bonds. Any postjudgment proceeding filed more than 30 days after judgment or dismissal in an action shall be considered as a new case for the purposes of this Code section.
(2) Except as provided in paragraph (3) of this subsection, the total sum for all services rendered by the clerk of the superior court through entry of judgment in civil cases shall be $58.00. Such sum shall not be required if the party desiring to file such case or proceeding is unable, because of his indigence, to pay such sum and such party files with the clerk an affidavit to such effect, as provided by law. Nothing contained in this subsection shall be deemed to require advance payment of such sum by the state, its agencies, or political subdivisions.
(3) In all cases involving condemnations or the validation and confirmation of revenue bonds, the following additional sums shall be charged at the conclusion of the action:
(A) Validation and confirmation of revenue bonds pursuant to Code Section 36-82-79, first 500 bonds, each ..................................................$ 1.00
All bonds over 500, each...................................................................................... .50
(B) Recording on final record, per page............................................................. 1.50
(4) Nothing contained in this Code section shall be construed so as to prohibit the collection of any other costs authorized by law for postjudgment proceedings or for any other services which the clerk or the sheriff shall perform. Nothing contained in this Code section shall be construed to affect in any way the power and authority of the superior courts from taxing costs in accordance with law, but no costs shall be refunded by the clerk unless and until the same have been paid to the clerk by the losing party. (f) Sums for filing documents, instruments, etc., pertaining to real estate or personal property, such sums to include recording and returning where applicable:
(1) (A) Filing all instruments pertaining to real estate and personal property except as otherwise specified in this Code section, including but not limited to the filing of deeds, deeds of trust, affidavits, releases, notices, certificates, liens on real estate and personal property, tax liens, hospital liens, writs of fieri facias, notices of lis pendens, written information of utilities, and cancellation of deeds, liens, and writs of fieri facias, first page ..................................................................................................$ 4.50

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Each page, after the first..................................................................................... 2.00
(B) Filing financing statements, amendments to financing statements, continuation statements, release of collateral, first page...................... 5.00
Each page, after the first..................................................................................... 2.00
(2) Filing maps or plats, each page......................................................................... 7.50
(3) Entering cross-reference in real and personal property indices, per instrument....................................................................................................... 1.00
(4) For processing an assignment of a security deed, for each deed assigned............................................................................................................. 4.50
(g) Miscellaneous fees:
(1) Recording any instrument or writing, fee not otherwise specified, first page ..........................................................................................................$ 5.00
Each page, after the first........................................................................................ 2.00
(2) Uncertified copies of documents, per page...................................................... .25
(3) Uncertified copies of documents, drawings, or plats, copy larger than 8.5 x 14 inches............................................................................................... 2.00
(4) Certification or exemplification of record, including certificates and seals, first page................................................................................................ 2.50
Each page, after the first........................................................................................ .50
(5) Clerk's certificate................................................................................................. 1.00
(6) Court's seal........................................................................................................... 1.00
(7) The clerk may provide computer generated printouts of public records subject to disclosure maintained on computer by the clerk, for each page of printed data or its equivalent......................................... 2.50
Nothing in this paragraph shall be construed to require any clerk to provide computer generated reports nor shall any clerk be required to prepare custom or individualized computer compilations or reports for any person or entity which would require preparation of a computer program which is not a standard existing computer program in use by the clerk. The clerk shall not be required to permit access to, or to provide copies of, copyrighted computer programs or any other computer programs in violation of any software license agreement or containing confidential records otherwise excluded or exempted by this Code section or any other applicable law.
(8) Issuing certificate of pending or unsatisfied judgment, as provided in Code Section 40-9-40....................................................................................... 3.00
(9) Issuing certificate of appointment and reappointment to notaries public, as provided by Code Section 45-17-4............................................... 13.00
(10) Registering and filing trade names pursuant to Code Section 10-1-490............................................................................................................ 8.00
(11) Issuing subpoena, signed and sealed, notwithstanding subsection (e) of this Code section, each............................................................................... 1.00
(12) Preparation of record and transcript to the Supreme Court and Court of Appeals, per page............................................................................ 1.50

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Where a transcript of the evidence and proceedings is filed with the clerk and does not require recopying, the clerk shall not receive the fee herein prescribed with respect to such transcript but shall receive, for filing and transmission of such transcript, a fee of.................. 5.00
(13) Issuing jury scrip or check, each....................................................................... .30
(14) For each day of service in attendance upon the courts................................ 50.00
The per diem attendance upon the courts shall be paid from the treasury of the respective counties of this state only to clerks who are on a fee system of compensation.
(15) For performing the duties required of them by Article 2 of Chapter 2 of Title 44, the clerks shall receive the same sums as in civil cases.
(16) For performing the duties required of them by Article 1 of Chapter 9A of Title 14, the 'Uniform Limited Partnership Act,' and for filing statements of partnership pursuant to Code Section 14-8-10.1, the clerks shall receive the sums as in civil cases.
(17) Filing incorporation proceedings except for corporation for which filing procedures are governed by Chapter 2 of Title 14:
(A) Articles of incorporation................................................................................ 20.00
(B) Articles of amendment................................................................................... 20.00
(C) Restated articles.............................................................................................. 20.00
(D) Merger.............................................................................................................. 20.00
(E) Dissolution....................................................................................................... 20.00
(F) Involuntary dissolution................................................................................... no fee
(G) Consolidation and merger.............................................................................. 20.00
(H) Certificate of election to dissolve................................................................. 20.00
(I) Order approving change of principal office....................................................no fee
(J) Articles of incorporation as required by Code Section 46-5-100.............. 20.00
(h) Fees in criminal cases:
(1) Entering and docketing bills of indictment, presentments, no-bills, accusations.......................................................................................................$ 3.00
(2) Issuing and mailing first notice of arraignment pursuant to Code Section 17-7-91....................................................................................................... 1.00
(3) Affidavit of custodian, filing and transmittal pursuant to Code Section 17-10-12.................................................................................................... 1.00
(4) Preparation and transmission of defendant's personal history and related documents, as provided in Code Section 42-5-50......................... 5.00
(5) Preparation and transmission of documents to superior court sentence review panel in accordance with Code Section 17-10-6, first copy, per page.................................................................................................. 1.50
Subsequent copies, per page................................................................................... .50

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(6) Preparation and furnishing copy of the record of appeal in criminal cases where accused was convicted of capital felony, in accordance with Code Section 5-6-43, per page.............................................................. 1.50
Clerk's certificate...................................................................................................... 1.00
The clerk shall not receive compensation for the transcript of evidence and proceedings.
(7) When costs are assessed by the court the minimum amount assessed as court costs in the disposition of any criminal case in the superior court shall be $100.00. Any surcharge provided for by law shall be in addition to such sum.
(i) No fees shall be charged for the following: (1) Filing a termination of a financing statement as provided in Code Section
11-9-404; (2) Filing an assignment that is indicated on the original financing statement, as
provided in Code Section 11-9-405; (3) Recording discharge certificates of veterans, as provided in Code Section
15-6-78;
(4) Recording and certifying documents in connection with admission to practice law. (j) All laws in force in this state which provide compensation for clerks of the superior courts for the discharge of duties not enumerated in this Code section nor in conflict with this Code section shall remain in full force and effect. (k) No fees, assessments, or other charges may be assessed or collected except as authorized in this Code section or some other general law expressly providing for same.
(1) The clerk of superior court may provide such additional services for which there is no fee specified by statute in connection with the operation of the clerk's offices as may be requested by the public and agreed to by the clerk. Any charges for such additional services shall be as agreed to between the clerk and the party making the request. Nothing in this subsection shall be construed to require any clerk to provide any such service not otherwise required by law."
Section 2. Said article is further amended by striking Code Section 15-6-77.4, relating to additional filing fees in divorce cases for the Children's Trust Fund, and inserting in lieu thereof a new Code Section 15-6-77.4 to read as follows:
"15-6-77.4. (a) In addition to any fees required in Code Sections 15-6-77, 15-6-77.2, 15-6-77.3, and 47-14-51, for filing each divorce case, the clerk of superior court shall charge an additional fee of $5.00. Each clerk of the superior court shall collect the additional fees for divorce cases as provided in this Code section and shall pay such moneys over to the commissioner of revenue by the last day of the month there following, to be deposited by him into the general treasury. The commissioner of revenue shall, on a quarterly basis, make a report and accounting of all funds collected pursuant to this Code section and shall submit such report and accounting to the Office of Planning and Budget and the Legislative Budget Office no later than 30 days after the last day of the preceding quarter.
(b) When any such person whose duty it is to collect and pay over such moneys fails to remit the sums within 60 days of the date they are required to be paid over, the same shall be delinquent and there may be imposed, in addition to the principal amount due, a specific penalty in the amount of 5 percent of said principal amount per month for each month during which the money is continued to be delinquent, not to exceed a total of 25 percent of the principal amount.
(c) The sums provided for in this Code section shall be collected in accordance with the provision of subsection (b) of Code Section 15-6-77."
Section 3. Article 6 of Chapter 12 of Title 9 of the Official Code of Georgia Annotated, known as the "Uniform Enforcement of Foreign Judgments Law," is amended by striking Code Section 9-12-135, relating to fees, which reads as follows:

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"9-12-135. A person filing a foreign judgment shall pay to the clerk of the court the amount specified therefor in Code Section 15-6-77. Fees for other enforcement proceedings shall be as otherwise provided by law for judgments of the courts of this state.", and inserting in lieu thereof a new Code Section 9-12-135 to read as follows:
"9-12-135. A person filing a foreign judgment shall pay to the clerk of court the same sums as in civil cases in superior court as provided in Code Section 15-6-77. Fees for other enforcement proceedings shall be as otherwise provided by law."
Section 4. Code Section 19-8-20 of the Official Code of Georgia Annotated, relating to issuance of decrees of adoption, is amended by striking subsection (b) of said Code section and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) At any time after the entry of the decree of adoption, upon the request of any adopting parent, the clerk of the court granting the decree shall issue to that adopting parent a certificate of adoption, under the seal of the court, upon payment to the clerk of the fee prescribed in paragraph (4) of subsection (g) of Code Sections 16-6'77 teetA 16-6-77.1 Code Section 15-6-77, which adoption certificate shall be received as evidence in any court or proceeding as primary evidence of the facts contained in the certificate."
Section 5. Code Section 19-12-3 of the Official Code of Georgia Annotated, relating to certificates of change of name, is amended by striking subsection (a) of said Code section and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) At any time after the entry of the final order of change of name, upon the request of the petitioner requesting the change of name, the clerk of the court granting the same shall issue to the petitioner a certificate of change of name, under the seal of the court, upon payment to the clerk of a fee ef- 66 the fee provided in paragraph (4) of subsection (g) of Code Section 15-6-77. The certificate shall be received as evidence of the facts contained in the certificate."
Section 6. Code Section 36-15-9 of the Official Code of Georgia Annotated, relating to collection of additional costs in court cases for a county law library, is amended by adding at the end thereof a new subsection (f) to read as follows:
"(f) The sums provided for in subsection (a) of this Code section for actions, cases, or proceedings civil in nature which are filed in the superior courts shall be collected in accordance with the provisions of subsection (b) of Code Section 15-6-77."
Section 7. Article 2 of Chapter 9 of Title 40 of the Official Code of Georgia Annotated, relating to reporting motor vehicle accidents and giving security for damages, is amended by striking Code Section 40-9-40, relating to a check of court records for pending actions or unsatisfied judgments and certificates of clerks, and inserting in lieu thereof a new Code Section 40-9-40 to read as follows:
"40-9-40. At the end of the expiration of one year from the date of the accident or one year from the date of the suspension under this chapter, the clerk, or the judge if there is no clerk, of any court of this state having jurisdiction over civil cases shall, upon request of an operator or owner or an authorized representative of either, check the records of such court and furnish such operator or owner or authorized representative with a certificate showing whether or not there is an action at law pending or an unsatisfied judgment on file against such operator or owner arising out of the accident which necessitated the depositing of security or on which the suspension was based. Th eest ef sweh certificate shall be $1.00 and sfeatt be paid by the party requesting the certificate. The fee for providing such certificate shall be as provided in Code Section 15-6-77 and shall be paid by the party requesting the certificate."
Section 8. Code Section 44-2-210 of the Official Code of Georgia Annotated, relating to fees payable under Article 2 of Chapter 2 of Title 44, known as "The Land Registration Law," is amended by striking subsection (d) of said Code section, which reads as follows:
"(d) With each application for initial registration, the applicant shall deposit with the clerk the sum of $20.00 as a deposit to guarantee costs and may, from time to time, be required by the court to make additional deposits. The clerk shall not be required

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to enter any notation, entry, or registration upon the register of title or the owner's certificate unless the fees prescribed therefor are paid to him.", and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) Upon filing each application for initial registration, the applicant shall pay to the clerk the fee for civil cases as provided in Code Section 15-6-77."
Section 9. Part 13 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to the registration of liens for federal taxes, is amended by striking Code Section 44-14-574, relating to fees for filing and indexing such liens, which reads as follows:
"44-14-574. (a) The fee for filing and indexing each notice of a lien or certificate or notice affecting the tax lien shall be as required by paragraph (8) of subsection (d) of Code Section 15-6-77.
(b) The officer shall bill the district directors of internal revenue on a monthly basis for fees for documents filed by them.", and inserting in lieu thereof a new Code Section 44-14-574 to read as follows:
"44-14-574. The fee for filing and indexing each notice of a lien or certificate or notice affecting a tax lien shall be as provided in subsection (f) of Code Section 15-6-77."
Section 10. Code Section 46-5-100 of the Official Code of Georgia Annotated, relating to fees under Part 3 of Article 2 of Chapter 5 of Title 46, known as the "Rural Telephone Cooperative Act," is amended by striking subsection (a) of said Code section, which reads as follows:
"(a) Each cooperative shall be charged by the clerk of superior court the fees specified in paragraph (12) of subsection (d) of Code Section 15-6-77 for the filing of incorporation proceedings.", and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Each cooperative shall be charged by the clerk of the superior court the fee as provided in subsection (g) of Code Section 15-6-77 for the filing of incorporation proceedings."
Section 11. This Act shall become effective on July 1, 1991.
Section 12. All laws and parts of laws in conflict with this Act are repealed.

Representative Lawson of the 9th moved that the House agree to the Senate substitute to HB 290.
On the motion the ayes were 106, nays 3.
The motion prevailed.

HB 514. By Representative Watson of the 114th:
A bill to amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the Public Service Commission, so as to provide accounting methods to be used by gas utilities in rate-making proceedings.

The following Senate substitute was read:

A BILL
To amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the Public Service Commission, so as to provide accounting methods to be used by gas utilities in rate-making proceedings; to provide for other matters related thereto; 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 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the Public Service Commission, is amended by adding between Code Sections 46-2-26.3 and 46-2-27 a new Code Section 46-2-26.4 to read as follows:
"46-2-26.4. (a) The accounting treatments specified in this Code section shall apply in any proceeding before the commission to determine the rates to be charged by a gas utility.
(b) In any proceeding to determine the rates to be charged by a gas utility, the gas utility shall file jurisdictionally allocated cost of service data on the basis of a test period, and the commission shall utilize a test period, consisting of actual data for the most recent 12 month period for which data are available, fully adjusted separately to reflect estimated operations during the 12 month period commencing five months from the proposed effective date of the rates. After the initial filing, and until new rates go into effect, the utility shall file actual cost of service data as they become available for each month following the actual data which were filed. The utility shall have the burden of explaining and supporting the reasonableness of all estimates and adjustments contained in its cost of service data."
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.

Representative Watson of the 114th moved that the House agree to the Senate substitute to HB 514.
On the motion the ayes were 106, nays 0.
The motion prevailed.

HR 288. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st, Kilgore of the 42nd and Alford of the 57th:
A resolution proposing an amendment to the Constitution so as to provide for the election of local boards of education; to provide for the appointment of local school superintendents by elected local boards of education.

The following Senate substitute was read:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the election of local boards of education; to provide for the appointment of local school superintendents by elected local boards of education; to repeal the requirement that the composition of local boards of education only be accomplished pursuant to local law; 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 VIII, Section V of the Constitution is amended by striking in its entirety Paragraph II and inserting in lieu thereof a new Paragraph II to read as follows:
"Paragraph II. Boards of education. Each school system shall be under the management and control of a board of education, the members of which shall be elected er appointed as provided by law. School board members shall reside within the territory embraced by the school system and shall have such compensation and additional qualifications as may be provided by law. Any board of education to which the members are appointed as of December 31, 1992, shall continue as an appointed board of education

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2217

through December 31, 1993, and the appointed members of such board of education who are in office on December 31, 1992, shall continue in office as members of such
appointed board until December 31, 1993, on which date the terms of office of all appointed members shall end."

Section 2. Said article and section is further amended by striking in its entirety Paragraph III and inserting in lieu thereof a new Paragraph III to read as follows:
"Paragraph III. School superintendents. There shall be a school superintendent of each system appointed by the board of education who shall be the executive officer of
the board of education and shall have such qualifications, powers, and duties as provided by general law. Any elected school superintendent in office on January 1^ 1993, shall continue to serve out the remainder of his or her respective term of office and shall
be replaced by an appointee of the board of education at the expiration of such term."

Section 3. Said article and section is further amended by striking in its entirety Par-
agraph IV which reads as follows: "Paragraph IV. Changes in school boards and superintendent, (a) The composition
of school boards, the term of office, and the methods of selecting board members and school superintendents, including whether elections shall be partisan or nonpartisan,
shall be as provided by law applicable thereto on June 30, 1983, but may be changed thereafter only by local law, conditioned upon approval by a majority of the qualified voters voting thereon in the system affected. It shall not be necessary for a local law
which reapportions election districts from which members of a local board of education are elected to be conditioned on the approval of the voters as herein required.
(b) School systems which are authorized on June 30, 1983, to make the changes listed in subparagraph (a) of this Paragraph by local law without a referendum may con-
tinue to do so.", and inserting in lieu thereof the following:
"Paragraph IV. Reserved."

Section 4. 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 local boards of education be elected, that local school superintendents be appointed by
an elected board of education, and for the repeal of inconsistent provisions?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote
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.

Representative Porter of the 119th moved that the House agree to the Senate substitute to HR 288.
On the motion, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Atkins
Baker Balkcom Y Barfoot Y Bargeron Barnett,B

Y Barnett,M Y Bates Y Beatty N Benefield Y Birdsong Y Blitch Y Bordeaux
Bostick Branch Y Breedlove

Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell Y Canty N Carrell
Carter

N Chafm Chambless
Y Cheeks Y Childers Y Clark.E Y Clark.H
Clark.L Y Coker Y Coleman Y Colwell

Y Connell Y Culbreth Y Cummings,B
Cummings.M Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Dover

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JOURNAL OF THE HOUSE,

Dunn
N Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green YGreene Y Griffin
Groover Y Hamilton Y Hammond
Manner
Y Harris,B Y Harri8,J Y Heard Y Henson Y Herbert
Hightower N Holland Y Holmes

Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd YLaneJD YLane,R Y Langford Y Lawrence
N Lawson NLee
Long YLord Y Lucas Y Lupton YMann Y Martin YMcCoy Y McKelvey

McKinney.B Y McKinney.C Y Meadows Y Merritt
Milam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C Y Oliver,M YOrr
Orrock
Y Padgett YParham Y Parrish
Patten Y Pelote
Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter

On the motion, the ayes were 139, nays 8. The motion prevailed.

Poston Y Powell,A Y Powell.C Y Purcell
Randall NRay Y Reaves Y Redding Y Ricketson Y Royal
Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith.W Y Smyre YSnow Y Stancil,F Y Stancil,S Y Stanley Y Stephens Y Streat

Y Taylor Y Teper Y Thomas.C
Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker,L Y Wall
Ware Y Watson Y Watts
White Y Wilder Y Williams.B
Williams,J Y Williams.R
Y Yeargin
Murphy.Spkr

HB 792. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to authorize the State Board of Education, if requested by a local school district or system, to withhold state moneys to pay bonded indebtedness of such local school district or system.

The following Senate amendment was read:

Amend HB 792 by deleting the word "consolidated" found on page two, line thirteen, and inserting in lieu thereof the word "area".

Representative Porter of the 119th moved that the House agree to the Senate amendment to HB 792.
On the motion the ayes were 105, nays 0.
The motion prevailed.

HB 257. By Representatives Carrell of the 65th, Harris of the 84th, Godbee of the 110th, Royal of the 144th, Barnett of the 10th and others:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization, so as to specify additional duties of the county board of tax assessors in the event certain valuations are changed on appeals to the county board of equalization.

The following Senate substitute was read:

A BILL
To amend 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 specify additional

TUESDAY, MARCH 12, 1991

2219

duties of the county board of tax assessors in the event certain valuations are changed on appeals to the county board of equalization; to provide for other matters relative thereto; 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 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended by striking subparagraph (e)(6)(C) of Code Section 48-5-311, relating to county boards of equalization and appeals from assessments of county boards of tax assessors, and inserting in its place a new subparagraph (e)(6)(C) to read as follows:
"(C) (i) The decision of the county board of equalization shall be in writing, shall be signed by each member of the board, shall specifically decide each question presented by the appeal, shall state that with respect to the appeal no member of the board is disqualified from acting by virtue of subsection (h) of this Code section, and shall certify the date on which notice of the decision is given to the parties. Notice of the decision shall be given to each party by sending a copy of the decision by registered or certified mail to the appellant and by filing the original copy of the decision with the county board of tax assessors. Each of the three members of the county board of equalization must be present and must participate in the deliberations on any appeal. A majority vote shall be required in any matter. All three members of the board must sign the decision indicating their vote.
(ii) Except as otherwise provided in subparagraph (f)(4)(B) of this Code section, the county board of tax assessors shall use the valuation of the county board of equalization in compiling the tax digest for the county for the year in question and shall indicate such valuation as the previous year's value on the property tax notice of assessment of such taxpayer for the immediately following year rather than substituting the valuation which was changed by the county board of equalization."
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.

Representative Carrell of the 65th moved that the House agree to the Senate substitute to HB 257.
On the motion the ayes were 101, nays 2.
The motion prevailed.

HB 844. By Representatives Reaves of the 147th, Oliver of the 121st, Purcell of the 129th, Balkcom of the 140th and Branch of the 137th:
A bill to amend Article 1 of Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to dealers in agricultural products, so as to change the definition of agricultural products.

The following Senate substitute was read:

A BILL
To amend Article 1 of Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to dealers in agricultural products, so as to change the definition of agricultural products; to provide who shall be required to post bond; to provide an exception; to provide for related matters; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to dealers in agricultural products, is amended by striking paragraph (1) of Code Section 2-9-1, relating to definitions, and inserting in lieu thereof the following:
"(1) 'Agricultural products' includes fruits, vegetables, eggs, dairy products, and pecans but does not include dairy products, cotton, tobacco, grains, and other basic farm crops."
Section 2. Said article is further amended by striking Code Section 2-9-5, relating to bond required of dealers in agricultural products, in its entirety and inserting in lieu thereof the following:
"2-9-5. Before any license is issued the applicant shall make and deliver to the Commissioner a surety bond executed by a surety corporation authorized to transact business in this state. The bond shall be in the amount of at least $1,000.00 or in such greater amount as the Commissioner may determine, not exceeding an amount equal to the maximum amount of business done or estimated to be done in any month by the applicant. Such bond shall be upon a form prescribed or approved by the Commissioner and shall be conditioned to secure the faithful accounting for and payment to producers or their agents or representatives of the proceeds of all agricultural products handled or sold by such dealer. However, in lieu of a surety bond, the Commissioner may accept a cash bond, which shall in all respects be subject to the same claims and actions as would exist against a surety bond. For the purpose of the purchase of dairy products, the above-referenced bond shall be required of any person, firm, or corporation that shall engage in the business of purchasing dairy products from producers or cooperative associations for the purpose of manufacturing, pasteurizing, or distributing dairy products. The Commissioner may make an exception to this bond requirement for any person, firm, or corporation that shall purchase dairy products from producers or cooperative associations, provided that 85 percent of the full payment is made within 15 days following receipt of the dairy products by the purchaser from the producer or cooperative association."
Section 3. Said article is further amended by striking paragraph (1) of Code Section 2-9-15, relating to the applicability of this article, and inserting in lieu thereof the following:
"(1) Farmers er groups ef farmers in the sale of agricultural products grown or produced by themselves;".
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Reaves of the 147th moved that the House agree to the Senate substitute to HB 844.
On the motion the ayes were 104, nays 0.
The motion prevailed.

HB 437. By Representatives Stephens of the 68th and Thurmond of the 67th:
A bill to amend Chapter 5 of Title 43 of the Official Code of Georgia Annotated, relating to athletic trainers, so as to provide a definition of athlete; to revise the definition of athletic trainer; to revise the residency requirement applicable to members of the Georgia Board of Athletic Trainers.

The following Senate substitute was read:

A BILL
To amend Chapter 5 of Title 43 of the Official Code of Georgia Annotated, relating to athletic trainers, so as to provide a definition of athletic injury; to revise the definition

TUESDAY, MARCH 12, 1991

2221

of athletic trainer; to revise the residency requirement applicable to members of the Georgia Board of Athletic Trainers; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 43 of the Official Code of Georgia Annotated, relating to athletic trainers, is amended by striking Code Section 43-5-1, relating to definitions, in its entirety and inserting in its place a new Code Section 43-5-1 to read as follows:
"43-5-1. As used in this chapter, the term: (1) 'Athletic injury' means any injury sustained by a person as a result of such
person's participation in exercises, sports, games, or recreation requiring physical strength, agility, flexibility, range of motion, speed, or stamina or any comparable injury which prevents such person from participating in such activities.
{1} (2) 'Athletic trainer' means a person with specific qualifications, as set forth in Code Section 43-5-8 who, upon the advice and consent of his team a physician, carries out the practice of prevention e* physical 2 recognition, evaluation, management, disposition, treatment, or rehabilitation; e* both, of athletic injuries incurred by athletes e the team by which the athletic trainer is employed; and, in carrying out these functions, the athletic trainer is authorized to use physical modalities, such as heat, light, sound, cold, electricity, or mechanical devices related to prevention, recognition, evaluation, management, disposition, rehabilitation,, and treatment. The term 'athletic trainer' shall not include any student, teacher, or other person who serves as an athletic trainer for an elementary school or high school, either public or private, within this state.
{3} (3) 'Board' means the Georgia Board of Athletic Trainers."
Section 2. Said chapter is further amended by striking subsection (a) of Code Section 43-5-2, relating to the Georgia Board of Athletic Trainers, and inserting in its place a new subsection (a) to read as follows:
"(a) The Georgia Board of Athletic Trainers, composed of four members who shall be appointed by the Governor and confirmed by the Senate, is created. To qualify as a member, a person must be a citizen of the United States and a resident of this state fef five years immediately preceding appointment. Two members must be athletic trainers, one member must be a physician licensed by the state, and one member shall be appointed from the public at large and shall have no connection whatsoever with the practice or profession of athletic training."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Stephens of the 68th moved that the House agree to the Senate substitute to HB 437.
On the motion the ayes were 105, nays 0.
The motion prevailed.

HB 120. By Representatives Coleman of the 118th, Murphy of the 18th, Connell of the 87th and Walker of the 115th:
A bill to provide supplementary appropriations to the Georgia General Assembly for the State Fiscal Year ending June 30, 1991, for operating expenses.

The following Senate amendment was read:

Amend HB 120 by striking on Page 1, line 14 the figure "10" and inserting in lieu thereof the figure "5".

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JOURNAL OF THE HOUSE,

Representative Coleman of the 118th moved that the House disagree to the Senate amendment to HB 120.
The motion prevailed.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House:

HB 70. By Representatives Thomas of the 69th and Groover of the 99th:
A bill to amend Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to cases in which an application for an appeal is required, so as to change the provisions relating to appeals in actions for damages in which the judgement is less than a certain dollar amount.
The President has appointed on the part of the Senate the following:
Senators Edge of the 28th, Baldwin of the 29th and Garner of the 30th.

The Senate adheres to its disagreement to the House substitute and has appointed a
Committee of Conference to confer with a like committee on the part of the House on the following Bill of the Senate:

SB 39. By Senators Turner of the 8th, Deal of the 49th, Broun of the 46th and others:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Fair Business Practices Act of 1975," so as to prohibit merchants from requiring a purchaser's telephone number as a condition of purchase when payment for the transaction is made by credit card.

The President has appointed on the part of the Senate the following: Senators Turner of the 8th, Robinson of the 16th and Albert of the 23rd.

The Senate has passed, by substitute, by the requisiste constitutional majority the following Bill of the House:

HB 360. By Representatives Barnett of the 10th, Stancil of the 8th and Pinholster of the 8th:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, so as to create a new third judgeship for the Blue Ridge Judicial Circuit, ion prevailed.

Under the general order of business, established by the Committee on Rules, the following Resolution of the Senate was taken up for consideration and read the third time:

SR 213. By Senators Burton of the 5th, Hooks of the 14th and Kidd of the 25th: A resolution designating the Andersonville POW Memorial Trail.

TUESDAY, MARCH 12, 1991

2223

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 111, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

The following Resolutions of the House were read and adopted:

HR 514. By Representative Carrell of the 65th:
A resolution commending Benjamin Robert Laseter on attaining the rank of Eagle Scout.

HR 515. By Representative White of the 132nd: A resolution expressing regret at the passing of James Earl Worthy.

HR 516. By Representatives Thomas of the 31st, Davis of the 29th, McKinney of the 35th, McKinney of the 40th, Stanley of the 33rd and others:
A resolution commending Albert Donald Bell.

HR 517. By Representatives Powell of the 13th and Clark of the 13th:
A resolution expressing support for the men and women of Madison County serving in Operation Desert Storm.

HR 518. By Representatives Powell of the 13th and Clark of the 13th:
A resolution expressing support for the men and women of Franklin County serving in Operation Desert Storm.

HR 519. By Representatives Powell of the 13th and Clark of the 13th:
A resolution expressing support for the men and women of Hart County serving in Operation Desert Storm.

HR 520. By Representatives Pelote of the 127th, Hamilton of the 124th, Dixon of the 128th, Kingston of the 125th and Bordeaux of the 122nd:
A resolution commending Reverend Elizah Jackson, Sr.

HR 521. By Representatives Walker of the 115th, Groover of the 99th, Murphy of the 18th, Connell of the 87th and Lee of the 72nd:
A resolution recognizing and commending Robert L. Crowe on the occasion of his retirement.

HR 522. By Representatives Childers of the 15th, McKelvey of the 15th and Smith of the 16th:
A resolution commending Dr. David Benson McCorkle.

HR 523. By Representative Clark of the 20th (Post 3):
A resolution expressing regret at the passing of Mr. Warren Levi Day and Mrs. Eva Lee Day.

2224

JOURNAL OF THE HOUSE,

HR 524. By Representative Royal of the 144th:
A resolution commending the Mitchell-Baker High School Eagles basketball team.

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:

SB 217. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Article 6 of Chapter 2 of Title 20 of the Ofticial Code of Georgia Annotated, the "Quality Basic Education Act," so as to provide that the high school general education program shall be the base program against which the cost of all other instructional programs shall be compared; to modify the program weights assigned to instructional programs under the Quality Basic Education Formula.

The following Committee substitute was read and adopted:

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 that the high school general education program shall be the base program against which the cost of all other instructional programs shall be compared; to modify the program weights assigned to instructional programs under the Quality Basic Education Formula; to change certain provisions relative to the calculation of the local fair share funds that may be required of any local school system; to provide for compliance by local school systems with the 90 percent minimum expenditure control relative to the salary and operational costs of direct instruction and the salary and materials' costs of media centers; to change certain minimum expenditure requirements for the middle grades program; to change certain cross-references; to provide for limitations on receiving certain capital outlay funds by school systems where a majority of the voters voting were against incurring bonded indebtedness to construct a school or schools for the purpose of high school consolidation; to amend Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other school personnel, so as to change certain cross-references; to provide for other matters relative to the foregoing; to repeal certain sections of an Act approved April 4, 1990 (Ga. L. 1990, p. 847), relating to the "Quality Basic Education Act"; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," is amended by striking subsection (a) of Code Section 20-2-152, relating to special education services, and inserting in its place a new subsection (a) to read as follows:
"(a) All children and youth who are eligible for a general and career education program under Code Section 20-2-151 and who have special educational needs shall also be eligible for special education services. Children from birth through four years of age, whose handicapping condition is so severe as to necessitate early education intervention, may be eligible for special education services through programs operated by state schools for the handicapped, the psychoeducational program, or through programs financed with local or federal funds or with funds specifically appropriated by the General Assembly for this purpose. Eligible children and youth are defined as those who have emotional, physical, communicative, or intellectual deviations, or a combination thereof, to the degree that there is interference with school achievements or adjustments or prevention

TUESDAY, MARCH 12, 1991

2225

of full academic attainment and who require modifications or alterations in their educational programs. Special education shall include children who are classified as intellectually gifted, mentally handicapped, behavior disordered, specific learning disabled, orthopedically handicapped, other health impaired, hearing impaired, speechlanguage disordered, visually impaired, severely emotionally disturbed, and deaf-blind and who have any other areas of special needs which may be identified. The State Board of Education shall adopt classification criteria for each area of special education to be served on a state-wide basis. The state board shall adopt the criteria used to determine eligibility of students for state funded special education programs. The state board shall adopt maximum class sizes by classification of special education pursuant to subsection <b> {jl of Code Section 20-2-182 which are equal to or greater than the class sizes used to develop the program weights as set forth in subsection (b) of Code Section 20-2-161."
Section 2. Said article is further amended by striking subsections (a) and (b) of Code Section 20-2-161, relating to the Quality Basic Education Formula, and inserting in their respective places new subsections to read as follows:
"(a) The instructional program for grades six through eight high school general education program is declared to be the base program against which the cost of all other instructional programs shall be compared. The amount of funds needed by each fulltime equivalent student in the base program, in order that such program can be sufficiently funded to provide quality basic education to all enrolled students, shall be known as the 'base amount' and shall reflect program components which constitute the program weight for the middle grades high school general education program in Code Sections 20-2-182 through 20-2-186. The program weights listed in subsection {b} ef- this Code section were calculated eswg component eeste recommended by the task force appointed
|}UF9U&Hv tO SUlDSCCllOR TI/ Of vfllS OOQ6 SCCtlOfti oilCfl COH1pOHCWt COStS IOP vtlG DflSC
amount sfeoH be adjusted annually consistent wtt coat-of-living adjustments granted by the General Assembly for salaried and nonsoloried components. However, the General Assembly shall annually establish through the General Appropriations Act the base amount to be used each year. In the event that the base amount so established when multiplied by the program weights in subsection (b) of this Code section requires funds in excess of the appropriation for the Quality Basic Education Formula grants, the funds which are appropriated for the Quality Basic Education Formula shall be prorated to each of the Quality Basic Education Formula cost categories.
(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:
(1) Kindergarten program............................................................................. =B46 1.338
(2) Primary grades program (1-3)................................................................ ir26& 1.257
(3) Upper elementary grades program (4-5).............................................. 1.020 1.016
(4) Middle grades program (6-8).................................................................. trOW 1.019
(5) High school general education program (9-12).................................... i^6i 1.000
(6) High school nonvocational laboratory program (9-12)....................... 1.219 1.223
(7) Vocational laboratory program (9-12)................................................... Ir336 1.343
(8) Program for the handicapped: Category I............................................ 27246 2.270
(9) Program for the handicapped: Category II.......................................... 683 2.612
(10) Program for the handicapped: Category III........................................ 3r266 3.307
(11) Program for the handicapped: Category IV......................................... 6r236 5.319
(12) Program for intellectually gifted students: Category V.................... lr&83 1.592

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JOURNAL OF THE HOUSE,

(13) Remedial education program.................................................................. 1.313 1.305"
Section 3. Said article is further amended by striking subsection (a) of Code Section 20-2-164, relating to local fair share funds, and inserting in its place a new subsection (a) to read as follows:
"(a) The State Board of Education shall calculate the amount of local fair share funds that each local school system shall be required to spend each fiscal year to support the Quality Basic Education Program; provided, however, that the local fair share for any local school system shall not exceed one-half efj for fiscal year 1992 only, 75 percent of the amount calculated pursuant to paragraph (1) of subsection (a) of Code Section 20-2-166. For fiscal year 1993 and every year thereafter, the local fair share for any local school system shall not exceed the amount calculated pursuant to paragraph (i) of subsection {} (c) of Code Section 20'2 166 20-2-161. The amount of each local school system's local fair share shall be calculated as follows:
(1) Multiply the most recent equalized adjusted school property tax digest for the local school system by .4;
(2) From the product calculated in paragraph (1) of this subsection deduct the total amount calculated pursuant to subsection (g) of this Code section; and
(3) Multiply the remainder calculated in paragraph (2) of this subsection by .005."
Section 4. Said article is further amended by striking in their entirety paragraphs (1) and (2) of subsection (a) of Code Section 20-2-167, relating to the method of computing the total funds needed for direct instructional costs and media center costs, and inserting in lieu thereof new paragraphs (1) and (2) to read as follows:
"(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 20-2-161, specifying the salaries and operational costs portions. 'Direct instructional costs' is defined as those components of the program weights which are specified in subsections (a) through {g} (h) of 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 instructional programs for handicapped 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 salaries in direct instructional costs for such salaries and a minimum of 90 percent of the funds designated for operational costs in direct instructional costs for such operational costs, except as modified in this paragraph. For purposes of determining compliance with the 90 percent expenditure amounts, the separate identification of salary and operational cost portions shall become effective on July 1^ 1992. 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 shall be increased by the portion of the midterm adjustment allotment which is applied to the respective portions of 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 full-time 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

TUESDAY, MARCH 12, 1991

2227

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. 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. 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.
(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 a minimum of 90 percent of the funds designated for media center materials costs for such materials. For purposes of determining compliance with the 90 percent expenditure amounts, the separate identification of salary and materials cost portions shall become effective on July lj 1992. 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 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 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 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 amount required by this paragraph to be expended by a local school system for media center 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."
Section 5. Said article is further amended by striking Code Section 20-2-182, relating to the payment of salaries and benefits reflected in program weights, and inserting in its place a new Code Section 20-2-182 to read as follows:
"20-2-182. (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 program2 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 base amount and program weights for the upper elementary grades (4-5) program and the middle grades (6-8) programz 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) The program weights for the primary, upper elementary, and middle grades 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.

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(d) The program weight for the middle grades 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, f '\xt\ii\&tf 9&id ptO^F&IU wcigzits^ wxicn mvntipiieci Dy WIG D8.se ftmount, sriflii reflect sufficient funds te provide fe* the development and supervision ef- an extended day program daring the regular school year. Further, said program weights, when multipHed by the base amount, shatt reflect sufficient fetada to provide teachers with- a- preparatie period free ef assigned students.
(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.
te) (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.
4ft (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.
{g} (h) All program weights, when multiplied by the base amount, shall reflect, whenever they are revised pursuant to subsection {e} (Q of Code Section 20-2-161, an amount of funds for the purpose of providing staff development to certificated and classified personnel and local school board members which shall be at least equivalent to one-half of 1 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 staff development purposes may be used throughout the fiscal year, including days when students are not present at school, to meet staff development needs in the order of priority determined by the local board of education within the comprehensive staff development program plan approved by the State Board of Education pursuant to Code Section 20-2-232. Funds for professional development stipends may be used for activities occurring at any time during the fiscal year outside of an employee's normal contract hours. A local school system shall be authorized to expend up to 15 percent of its initial allotment of funds for providing professional development stipends for staff development
programs as specified under this subsection. If any portion of professional development

TUESDAY, MARCH 12, 1991

2229

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.
{fe} (il The State Board of Education shall adopt for each instructional program authorized pursuant to Part 3 of this article 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 used in the calculation of the program weights as set forth in subsection (b) of Code Section 20-2-161. 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."
Section 5.1. Said article is further amended in Code Section 20-2-260, relating to capital outlay funds under said article, the "Quality Basic Education Act," by adding at the end of said Code section a new subsection (o) to read as follows:
"(o) Any other provisions of this Code section to the contrary notwithstanding, when the board of education of a local school system has called and held a bond election to incur bonded indebtedness to construct a school or schools for the purpose of high school consolidation within the school system and a majority of the voters voting in said bond election voted against incurring such debt, then for a period of four school years immediately following the school year during which the bond election was held, the local school system shall not receive any funds for such purpose pursuant to the provisions of subsections (i) and (j) of this Code section. The provisions of this subsection apply to bond elections held at any time after January 1, 1989."
Section 6. Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other school personnel, is amended by striking subsections (b) and (c) of Code Section 20-2-850, relating to the accumulation of sick leave and personal leave, and inserting in their respective places new subsections to read as follows:
"(b) Any unused sick and personal leave accumulated by personnel pursuant to subsection (a) of this Code section shall be credited to such personnel and shall be transferred when there is a change in the employment of such personnel from one local board of education to another, but no local board of education shall be required to transfer funds to another, nor shall the State Board of Education provide funds to a local unit of administration beyond those authorized by subsection tfy ^gj of Code Section 20-2-182 to finance the potential or actual cost incurred by a local unit of administration through the employment of personnel transferring accumulated unused sick and personal leave. Any accumulated unused sick and personal leave credited to personnel shall be forfeited if such personnel withdraw from service for a period of 12 or more consecutive months, unless the withdrawal from service is for educational leave to seek a higher level or different field of certification and provided that the withdrawal from service for this purpose is for no longer than 24 consecutive months.
(c) (1) The sick leave and the accumulation of unused sick leave and the payments for unused sick leave provided for by this part shall be subject to subsection #) (gj of Code Section 20-2-182, but this part shall not be construed so as to prohibit local boards of education from adopting policies relative to sick leave and the accumulation of unused sick leave and payments for unused sick leave which are supplemental to this part, provided the cost of implementing and maintaining any such supplemental policies shall be paid entirely from local funds.
(2) A local board of education may establish and set policies and procedures for a sick leave bank or pool of voluntarily contributed employee sick leave days. Participating employees shall make equal contributions to the bank or pool. Such employees

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may draw sick leave days from the bank or pool as provided by adopted local board of education policy."
Section 7. Section 2 and subsection (b) of Section 6 of an Act approved April 4, 1990 (Ga. L. 1990, p. 847), relating to the "Quality Basic Education Act," are repealed.
Section 7.1. This Act shall become effective July 1, 1991, except that Section 5.1 of this Act shall become effective upon this Act's approval by the Governor or upon this Act's becoming law without such approval.
Section 8. All laws and parts of laws in conflict with this Act are repealed.

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, by substitute, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker
Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett,M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown N Brush YBuck Y Buckner YByrd N Campbell Y Canty Y Carrell Y Carter YChafm Y Chambless Y Cheeks Y Childere Y Clark,E Y Clark.H

Y Clark,L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cumming8,B
Cummings.M Y Davis.G N Davis.M Y Dixon,H
Diion.S YDobbs Y Dover
Dunn Edwards Y Elliott N Felton Y Fennel Y Floyd,J.M
Y FloydJ.W YFlynt Y Godbee Y Golden YGoodwin E Green Y Greene
Y Griffin Y Groover Y Hamilton
Y Hammond Manner
Y Harris,B
Y Harris,J Heard
Y Henson

Herbert Hightower Y Holland Y Holmes Howard Y Hudson NIrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y KUgore YKing N Kingston Y Klein
NLadd Y Lane,D YLane,R Y Langford N Lawrence Y Lawson YLee
Long YLord
Lucas Y Lupton YMann Y Martin
Y McCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Merritt YMilam
Y Mills

Y Mobley Y Moody Y Morsberger Y Moultrie N Mueller Y Oliver.C Y Oliver,M YOrr
Orrock Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell
Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal
Selman N Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith,L

Y Smith.P Y Smith.T Y Smith.W YSmyre YSnow Y Stancil.F Y Stancil.S Y Stanley
Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas,N Y Thurmond N Titus N Tolbert N Townsend
Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker,L YWall
Ware Y Watson
Y Watts White Wilder Williams.B Williams,J
Y Williams.R
Y Yeargin Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 142, nays 13.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Dixon of the 128th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

TUESDAY, MARCH 12, 1991

2231

Mr. Speaker:
The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House:

HB 643. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st:
A bill to amend Article 1 of Chapter 2 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions concerning the Department of Natural Resources, so as to provide for the promulgation of minimum standards and procedures relative to the protection of mountains and river corridors.

The Senate adheres to its amendment and has appointed a Committee of Conference on the following Bill of the House:

HB 245. By Representatives Jackson of the 9th, Parham of the 105th, Harris of the 84th and Barnett of the 10th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to comprehensively revise, reorganize, modernize, consolidate, and clarify the laws relative to registration and licensing and certificates of title for motor vehicles, drivers' licenses, equipment and inspection of motor vehicles, reporting of accidents, prosecution of traffic offenses, and the use of radar speed detection devices.
The President has appointed on the part of the Senate the following:
Senators White of the 48th, Deal of the 49th and Ramsey of the 54th.

The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House:

HB 279. By Representatives Dunn of the 73rd, Pinkston of the 100th, Childers of the 15th, Groover of the 99th, Connell of the 87th and others:
A bill to amend Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance, so as to prohibit certain provisions relating to the utilization and reimbursement of out-of-state mail order pharmacies in group or blanket accident and sickness insurance policies or preferred provider arrangements under such policies.
The President has appointed on the part of the Senate the following:
Senators Pollard of the 24th, Robinson of the 16th and Baldwin of the 29th.

The Senate insists on its substitute to the following Bill of the House:

HB 11. By Representatives Lane of the 27th, Bostick of the 138th and Hamilton of the 124th:
A bill to amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous rules of the uniform rules of the road, so as to make it unlawful for any person to possess an open container of any alcoholic beverage while operating a motor vehicle.

The Senate has passed, as amended, by the requisiste constitutional majority the following Bill of the House:

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JOURNAL OF THE HOUSE,

HB 475. By Representative Reaves of the 147th:
A bill to amend Article 5 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated, known as the "Georgia Boll Weevil Eradication Act of 1985," so as to provide for an exemption in cases of financial hardship; to provide that the Commissioner shall be authorized to levy and collect his own executions.

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:

SB 97. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to enact the "Environmental Policy Act"; to provide for a short title; to provide for findings; to provide for definitions; to provide for the disclosure of the environmental impacts of proposed state programs and projects.

The following Committee substitute was read and withdrawn:

A BILL
To amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to enact the "Environmental Policy Act"; to provide for a short title; to provide for findings; to provide for definitions; to provide for the disclosure of the environmental effects of proposed state projects; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended by adding at the end thereof a new Chapter 16 to read as follows:
"CHAPTER 16
Ac1t2.'-16-1. This chapter shall be known and may be cited as the 'Environmental Policy
12-16-2. The General Assembly finds that: (1) The protection and preservation of Georgia's diverse environment is necessary
for the maintenance of the public health and welfare and the continued viability of the economy of the state and is a matter of the highest public priority;
(2) State agencies should conduct their affairs with an awareness that they are stewards of the air, land, water, plants, animals, and environmental, historical, and cultural resources;
(3) Environmental evaluations should be a part of the decision-making processes of the state; and
(4) Environmental effects reports can facilitate the fullest practicable provision of timely public information, understanding, and participation in the decision-making processes of the state. 12-16-3. As used in this chapter, the term:
(1) 'A proposed governmental action which may significantly adversely affect the quality of the environment' means a project proposed to be undertaken by a government agency or agencies, for which it is probable to expect a significant adverse impact on the natural environment, including the state's air, land, water, plants, animals, historical sites or buildings, or cultural resources. Such actions shall not include:

TUESDAY, MARCH 12, 1991

2233

(A) emergency measures undertaken in response to an immediate threat to public health or safety; or (B) activities in which government agency participation is ministerial in nature, involving no exercise of discretion on the part of the government agency.
(2) 'Director' means the director of the Environmental Protection Division of the Department of Natural Resources.
(3) 'Division' means the Environmental Protection Division of the Department of Natural Resources.
(4) 'Environmental effects report' means a report on a proposed governmental action which may significantly adversely affect the quality of the environment.
(5) 'Government agency" means any department, board, bureau, commission, authority, or other agency of the state.
(6) 'Land-disturbing activity' means scraping, plowing, clearing, dredging, grading, excavating, transporting, or filling of land or placement of any structure or impervious surface, dam, obstruction, or deposit or placement of or alteration to any structure on or eligible for the Georgia Register of Historic Places; provided, however, that agricultural practices involving the establishment, cultivation, or harvesting of products of the field or orchard; the preparation and planting of pasture land; farm ponds; dairy operations; livestock and poultry management practices; and forestry land management practices, including harvesting of less than five acres of trees over two inches in diameter at breast height, are excluded from the definition of land-disturbing activity.
(7) 'Proposed governmental action' means any proposed land-disturbing activity by a government agency or funded by a grant from a government agency, any proposed sale or exchange of more than five acres of state owned land, or any proposed harvesting of five acres or more of trees over two inches in diameter at breast height, but the term proposed governmental action does not include, among other things, the following:
(A) Any action or undertaking of a nongovernmental entity, even if that action or undertaking requires a permit, license, or other approval by a government agency;
(B) Any action or undertaking of a municipality, a county, or an authority of a municipality or county, unless more than 50 percent of the total cost is funded by a grant of a government agency or a grant of more than $250,000.00 is made by a government agency;
(C) The permitting or licensing by a government agency of an action or under-
taking; (D) The promulgation and implementation of rules and regulations by a govern-
ment agency;
(E) The sale of bonds by a government agency or any program of loans funded by the sale of bonds by a government agency; or
(F) Litigation decisions made by a government agency.
(8) 'Responsible official' means the official or body in charge of or authorized to act on behalf of a government agency.
12-16-4. (a) The responsible official of the government agency shall determine if a proposed governmental action is a proposed governmental action which may significantly adversely affect the quality of the environment. If the responsible official determines that the proposed governmental action is a proposed governmental action which may
significantly adversely affect the quality of the environment, the government agency
responsible for such project shall prepare an environmental effects report including, but
not limited to, a discussion of:
(1) The environmental impact of the proposed governmental action;
(2) Alternatives to the proposed governmental action, including no action;
(3) Any adverse environmental effects which cannot be avoided if the proposed
governmental action is undertaken;
(4) Mitigation measures proposed to avoid or minimize the adverse impact of the
proposed governmental action;

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(5) The relationship between the value of the short-term uses of the environment involved in the proposed governmental action and the maintenance and enhancement of its long-term value;
(6) The effect of the proposed governmental action on the quality and quantity of water supply;
(7) The effect of the proposed governmental action on energy use or energy production; and
(8) Any beneficial aspects of the proposed governmental action, both short-term and long-term, and its economic advantages and disadvantages.
(b) Prior to the issuance of the environmental effects report, the responsible official should consult with and obtain the comments of any agency which has jurisdiction by law, special expertise, or other interest with respect to any environmental impact or resource.
(c) At least 60 days prior to making a decision as to whether to proceed with a proposed governmental action which may significantly adversely affect the quality of the environment, the responsible official shall publish in the legal organ of each county in which the proposed governmental action or any part thereof is to occur notice that an environmental effects report has been prepared. The responsible official shall provide a copy of the environmental effects report and all other comments to the director. The responsible official shall also make the environmental effects report available to the public and to counties, municipalities, institutions, and individuals, upon request.
12-16-5. (a) The responsible official or his designee shall conduct a public hearing in each county where a proposed governmental action for which an environmental effects report has been prepared or any part thereof is to take place, if the responsible official receives, within 30 days of the publication of the notice in the legal organ of an affected county or counties, requests in writing for a public hearing from at least 100 persons who are residents of the State of Georgia.
(b) The responsible official shall consider all comments received either in writing or during the public hearing or hearings, if held. After considering these comments, the responsible official shall decide whether to proceed with the proposed governmental action as originally proposed, whether to proceed with changes, or whether not to proceed. Notice of the decision of the responsible official shall be given in writing to the director and published in the legal organ of each county in which the proposed governmental action or any part thereof is to occur.
(c) The decision of the responsible official to proceed with the proposed governmental action shall not create a cause of action in any person, corporation, association, county, or municipal corporation; provided, however, the actions of the responsible official in the procedure of giving notice by publication of the environmental effects report and notice by publication of the decision made based upon the report and public comments, if any, may be challenged pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' if the responsible official acts on behalf of a government
agency which is subject to that act or by mandamus otherwise; but any such challenge
must be commenced within 30 days after the date notice of the responsible official's
decision made pursuant to subsection (b) of this Code section is first published in a legal
organ of any affected county or counties.
12-16-6. All government agencies shall review their present statutory authority,
administrative regulations, and current policies and procedures for the purpose of deter-
mining whether there are any deficiencies or inconsistencies therein which prohibit or
hinder full compliance with the intent, purposes, and provisions of this chapter, includ-
ing the guidelines issued pursuant to Code Section 12-16-8, and shall propose to the
Governor not later than January 1, 1992, such measures as may be necessary to bring
their authority, regulations, policies, and procedures into conformity with the intent,
purposes, and procedures set forth in this chapter.
12-16-7. Nothing in this chapter shall in any way affect or detract from specific stat-
utory obligations of any government agency to comply with criteria or standards of envi-
ronmental quality or to perform other statutory obligations imposed upon it, except

TUESDAY, MARCH 12, 1991

2235

those specified in Code Section 12-16-6; to coordinate or consult with any other government agency or federal agency; or to act, or refrain from acting, contingent upon the recommendations or certification of any other government agency or federal agency. A government agency shall be deemed to have complied with the requirements of this chapter for a proposed governmental action that has received federal approval of an environmental document prepared in accordance with the National Environmental Policy Act of 1969, as amended, and its implementing regulations.
12-16-8. Prior to July 1, 1991, the director shall issue guidelines to assist government agencies in the preparation of environmental effects reports in accordance with this chapter, including, but not limited to, provisions for:
(1) Criteria for determining if a proposed governmental action may significantly adversely affect the quality of the environment;
(2) Comment upon the proposed governmental action by public and private organizations and individuals;
(3) The possibility of the preparation of single-program environmental effects reports if a series of governmental actions taken individually are of minimal adverse significance on the environment but the cumulative effect of the proposed government actions on the environment is significantly adverse or if a series of proposed government actions are related either geographically or as logical parts in a chain of contemplated actions; and
(4) The possibility of the preparation of modified environmental effects reports on remaining decisions significantly adversely affecting the quality of the environment that are parts of actions begun before but not completed before July 1, 1991."
Section 2. For the purposes of the issuance of guidelines pursuant to the provisions of quoted Code Section 12-16-8 of Section 1 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. This Act shall become effective for all purposes on July 1, 1991.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Porter of the 119th, was read:

A BILL
To amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to enact the "Environmental Policy Act"; to provide for a short title; to provide for findings; to provide for definitions; to provide for the disclosure of the environmental effects of proposed state projects; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended by adding at the end thereof a new Chapter 16 to read as follows:
"CHAPTER 16
12-16-1. This chapter shall be known and may be cited as the 'Environmental Policy Act.'
12-16-2. The General Assembly finds that: (1) The protection and preservation of Georgia's diverse environment is necessary
for the maintenance of the public health and welfare and the continued viability of the economy of the state and is a matter of the highest public priority;
(2) State agencies should conduct their affairs with an awareness that they are stewards of the air, land, water, plants, animals, and environmental, historical, and cultural resources;

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(3) Environmental evaluations should be a part of the decision-making processes of the state; and
(4) Environmental effects reports can facilitate the fullest practicable provision of timely public information, understanding, and participation in the decision-making processes of the state. 12-16-3. As used in this chapter, the term:
(1) 'A proposed governmental action which may significantly adversely affect the quality of the environment' means a project proposed to be undertaken by a government agency or agencies, for which it is probable to expect a significant adverse impact on the natural environment, including the state's air, land, water, plants, animals, historical sites or buildings, or cultural resources. Such actions shall not include: (A) emergency measures undertaken in response to an immediate threat to public health or safety; or (B) activities in which government agency participation is ministerial in nature, involving no exercise of discretion on the part of the government agency.
(2) 'Director' means the director of the Environmental Protection Division of the Department of Natural Resources.
(3) 'Division' means the Environmental Protection Division of the Department of Natural Resources.
(4) 'Environmental effects report' means a report on a proposed governmental action which may significantly adversely affect the quality of the environment.
(5) 'Government agency' means any department, board, bureau, commission, authority, or other agency of the state.
(6) 'Land-disturbing activity' means scraping, plowing, clearing, dredging, grading, excavating, transporting, or filling of land or placement of any structure or impervious surface, dam, obstruction, or deposit or placement of or alteration to any structure on or eligible for the Georgia Register of Historic Places; provided, however, that agricultural practices involving the establishment, cultivation, or harvesting of products of the field or orchard; the preparation and planting of pasture land; farm ponds; dairy operations; livestock and poultry management practices; and forestry land management practices, including harvesting of less than five acres of trees over two inches in diameter at breast height, are excluded from the definition of land-disturbing activity.
(7) 'Proposed governmental action' means any proposed land-disturbing activity by a government agency or funded by a grant from a government agency, any proposed sale or exchange of more than five acres of state owned land, or any proposed harvesting of five acres or more of trees over two inches in diameter at breast height, but the term proposed governmental action does not include, among other things, the following:
(A) Any action or undertaking of a nongovernmental entity, even if that action or undertaking requires a permit, license, or other approval by a government agency;
(B) Any action or undertaking of a municipality, a county, or an authority of a municipality or county, unless more than 50 percent of the total cost is funded by a grant of a government agency or a grant of more than $250,000.00 is made by a government agency;
(C) The permitting or licensing by a government agency of an action or undertaking;
(D) The promulgation and implementation of rules and regulations by a government agency;
(E) The sale of bonds by a government agency or any program of loans funded by the sale of bonds by a government agency; or
(F) Litigation decisions made by a government agency.
(8) 'Responsible official' means the official or body in charge of or authorized to act on behalf of a government agency.
12-16-4. (a) The responsible official of the government agency shall determine if a proposed governmental action is a proposed governmental action which may significantly adversely affect the quality of the environment. If the responsible official determines

TUESDAY, MARCH 12, 1991

2237

that the proposed governmental action is a proposed governmental action which may significantly adversely affect the quality of the environment, the government agency responsible for such project shall prepare an environmental effects report including, but not limited to, a discussion of:
(1) The environmental impact of the proposed governmental action; (2) Alternatives to the proposed governmental action, including no action; (3) Any adverse environmental effects which cannot be avoided if the proposed governmental action is undertaken; (4) Mitigation measures proposed to avoid or minimize the adverse impact of the proposed governmental action; (5) The relationship between the value of the short-term uses of the environment involved in the proposed governmental action and the maintenance and enhancement of its long-term value; (6) The effect of the proposed governmental action on the quality and quantity of water supply; (7) The effect of the proposed governmental action on energy use or energy production; and
(8) Any beneficial aspects of the proposed governmental action, both short-term and long-term, and its economic advantages and disadvantages.
(b) Prior to the issuance of the environmental effects report, the responsible official should consult with and obtain the comments of any agency which has jurisdiction by law, special expertise, or other interest with respect to any environmental impact or resource.
(c) At least 45 days prior to making a decision as to whether to proceed with a proposed governmental action which may significantly adversely affect the quality of the environment, the responsible official shall publish in the legal organ of each county in which the proposed governmental action or any part thereof is to occur notice that an environmental effects report has been prepared. The responsible official shall provide a copy of the environmental effects report and all other comments to the director. The responsible official shall also make the environmental effects report available to the public and to counties, municipalities, institutions, and individuals, upon request.
12-16-5. (a) If the responsible official receives, within 30 days of the publication of the notice in the legal organ of an affected county or counties, requests in writing for a public hearing from at least 100 persons who are residents of the State of Georgia, a public hearing shall be held by the responsible official or his designee in each county where the proposed governmental action for which an environmental effects report has been prepared or any part thereof is to take place. The responsible official or his designee may, in the sole discretion of the responsible official, hold a public hearing in each such county at any time after 30 days from the date of publication of the notice has elapsed even if less than 100 requests are received in writing from residents of the State of Georgia but only one public hearing in a county shall be required regardless of whether it is a mandatory or discretionary hearing.
(b) The responsible official shall consider all comments received either in writing or during the public hearing or hearings, if held. After considering these comments, the responsible official shall decide whether to proceed with the proposed governmental action as originally proposed, whether to proceed with changes, or whether not to proceed. Notice of the decision of the responsible official shall be given in writing to the director and published in the legal organ of each county in which the proposed governmental action or any part thereof is to occur.
(c) The decision of the responsible official to proceed with the proposed governmental action shall not create a cause of action in any person, corporation, association, county, or municipal corporation; provided, however, the actions of the responsible official in the procedure of giving notice by publication of the environmental effects report and notice by publication of the decision made based upon the report and public comments, if any, may be challenged pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' if the responsible official acts on behalf of a government agency which is subject to that act or by mandamus otherwise; but any such challenge

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JOURNAL OF THE HOUSE,

must be commenced within 30 days after the date notice of the responsible official's decision made pursuant to subsection (b) of this Code section is first published in a legal organ of any affected county or counties.
12-16-6. All government agencies shall review their present statutory authority, administrative regulations, and current policies and procedures for the purpose of determining whether there are any deficiencies or inconsistencies therein which prohibit or hinder full compliance with the intent, purposes, and provisions of this chapter, including the guidelines issued pursuant to Code Section 12-16-8, and shall propose to the Governor not later than January 1, 1992, such measures as may be necessary to bring their authority, regulations, policies, and procedures into conformity with the intent, purposes, and procedures set forth in this chapter.
12-16-7. Nothing in this chapter shall in any way affect or detract from specific statutory obligations of any government agency to comply with criteria or standards of environmental quality or to perform other statutory obligations imposed upon it, except those specified in Code Section 12-16-6; to coordinate or consult with any other government agency or federal agency; or to act, or refrain from acting, contingent upon the recommendations or certification of any other government agency or federal agency. A government agency shall be deemed to have complied with the requirements of this chapter for a proposed governmental action that has received federal approval of an environmental document prepared in accordance with the National Environmental Policy Act of 1969, as amended, and its implementing regulations.
12-16-8. Prior to July 1, 1991, the director shall issue guidelines to assist government agencies in the preparation of environmental effects reports in accordance with this chapter, including, but not limited to, provisions for:
(1) Criteria for determining if a proposed governmental action may significantly adversely affect the quality of the environment;
(2) Comment upon the proposed governmental action by public and private organizations and individuals;
(3) The possibility of the preparation of single-program environmental effects reports if a series of governmental actions taken individually are of minimal adverse significance on the environment but the cumulative effect of the proposed government actions on the environment is significantly adverse or if a series of proposed government actions are related either geographically or as logical parts in a chain of contemplated actions; and
(4) The possibility of the preparation of modified environmental effects reports on remaining decisions significantly adversely affecting the quality of the environment that are parts of actions begun before but not completed before July 1, 1991."
Section 2. For the purposes of the issuance of guidelines pursuant to the provisions of quoted Code Section 12-16-8 of Section 1 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. This Act shall become effective for all purposes on July 1, 1991.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Dobbs of the 74th, et al. move to amend the Floor substitute to SB 97 as follows:
On page 8, line 6 insert before the word "has" the words "requires and".

The Floor substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, by substitute, as amended.

TUESDAY, MARCH 12, 1991

2239

On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker
Balkcom Y Barfoot Y Bargeron Y Barnett,B Y Barnett.M
Bates Y Beatty Y Benefleld Y Birdsong Y Blitch Y Bordeaux
Y Bostick Y Branch Y Breedlove
Y Brooks Y Brown Y Brush YBuck Y Buckner
Byrd Y Campbell
Y Canty Y Carrell Y Carter Y Chafm Y Chambless
Y Cheeks Y Childers Y Clark,B Y Clark,H

Y Clark,L Y Coker Y Coleman Y Colwell Y Connell
Y Culbreth Y Cummings.B
Cummings,M Y Davis.G Y Davis.M Y Dixon.H Y Dison.S Y Dobbs Y Dover
Dunn Edwards
Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W YFlynt
YGodbee Golden
Y Goodwin E Green Y Greene N Griffin Y Groover Y Hamilton Y Hammond
Manner Y Harris,B Y HarrisJ Y Heard Y Henson

Y Herbert Hightower
Y Holland Y Holmes
Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd YLane.D YLane,R
Langford Y Lawrence Y Lawson YLee
Long Lord Lucas Y Lupton YMann Y Martin YMcCoy Y McKelvey Y McKinney,B Y McKinney.C Y Meadows Y Merritt YMilam Y Mills

Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock
Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter YPoston Y Powell,A Y Powell,C Y Purcell YRandall YRay Y Reaves
Redding Y Ricketson Y Royal
Sehnan Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L

Y Smith.P Smith.T
Y Smith.W YSmyre YSnow N Stancil.F Y Stancil,S Y Stanley Y Stephens Y Streat Y Taylor YTeper Y Thomas,C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan
Walker,J Y Walker,L Y Wall
Ware Y Watson Y Watts Y White Y Wilder
Williams.B Williams,J Y Williams.R Y Yeargin Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 152, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

The following Bill of the House was taken up for the purpose of considering the Senate amendments thereto:

HB 508. By Representatives Chambless of the 133rd, Childers of the 15th, Valenti of the 52nd, Carrell of the 65th and others:
A bill to amend Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to state health planning, so as to change definitions and exemptions.

The following Senate amendments were read:

SENATE AMENDMENT NO. 1

Amend HB 508 by striking the quotation marks on line 3 of page 11 and adding between lines 3 and 4 of page 11 the following:

"(d) Any person that had formally requested, prior to Febr

1991, a determina-

tion from the agency of the applicability of the certificate of need requirements for a

specific project that is subsequently approved by the agency or by appeal of the agency's

2240

JOURNAL OF THE HOUSE,

denial shall be exempt under the provisions of this chapter from the requirement of obtaining a certificate of need for that project.'"

SENATE AMENDMENT NO. 2 Amend HB 508 by inserting in line 11 on page 5 immediately following the word and semicolon "lithotripsy;" the word "and". By striking all language appearing in lines 12 through 14 on page 5. By striking from line 15 on page 5 the following: "M",
and inserting in lieu thereof the following:

The following amendment was read and adopted:
Representative Chambless of the 133rd moves to amend the Senate floor amendment (AM 7 0001) to HB 508 by striking lines 6 and 7 of page 1 and inserting in their places the following:
"By adding on lines 12 through 14 of page 5 the following:
'(iii) Surgery in an operating room environment, including but not limited to ambulatory surgery; provided, however, this provision shall not apply to surgery performed in the offices of an individual private physician or single group practice of private physicians if such surgery is performed in a facility that is owned, operated, and utilized by such physicians who also are of a single specialty and the capital expenditure associated with the construction, development, or other establishment of the clinical health service does not exceed the amount of $1 million; and'"
By striking line 9 of page 1 and inserting in its place the following:

By striking line 11 of page 1 and inserting in its place the following: "iiyj"
By adding after line 11 of page 1 the following: "By inserting immediately preceding the word 'and' on line 24 of page 5 and line 5 of page 6 the following:
't division (iii) of subparagraph (G) of this paragraph.'"
Representative Chambless of the 133rd moved that the House agree to the Senate amendments, as amended by the House, to HB 508.
On the motion, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken YAlford Y Atkins Y Baker
Balkcom Y Barfoot YBargeron

Y Barnett,B Y Barnett,M Y Bates YBeatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick

Y Branch Breedlove
Y Brooks Y Brown N Brush Y Buck Y Buckner Y Byrd Y Campbell

Y Canty Y Carrell N Carter Y Chafin Y Chambless Y Cheeks Y Childers N Clark,E N Clark,H

Y Clark.L Y Coker Y Coleman
Colwell Y Connell Y Culbreth Y Cummings.B
Cummings,M Y Davis.G

TUESDAY, MARCH 12, 1991

2241

NDavis,M YDixon,H YDiK>n,S YDobbs Y Dover YDunn
Edwards Y Elliott NFelton Y Fennel Y Floyd,J.M Y Floyd,J.W YFlynt YGodbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton YHammond Y Banner YHarris.B YHarris,J N Heard Y Henson

Y Herbert Hightower
NHoUand Y Holmes Y Howard N Hudson Y Irwin Y Jackson Y Jamieson
Jenkins N Jones Y Kilgore Y King N Kingston N Klein N Ladd Y LaneJD Y Lane,R Y Langfbrd N Lawrence Y Lawson Y Lee
Long Y Lord
Lucas Y Lupton Y Mann

Y Martin N McCoy Y McKelvey
McKinney,B Y McKinney.C N Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Moreberger Y Moultrie Y Mueller Y Oliver.C
Oliver,M Y Orr
Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit
PinhoUter Pinkston

On the motion, the ayes were 133, nays 22. The motion prevailed.

Y Poag Y Porter Y Poston Y Powell,A Y Powell.C N Purcell Y Randall Y Ray Y Reaves
Redding Y Ricketson Y Royal
Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper N Smith.L Y Smith,P Y Smith.T
Smith, W Y Smyre Y Snow Y Stancil,F
Stancil.S Y Stanley Y Stephens

Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas,M Y Thomas.N Y Thurmond N Titus Y Tolbert Y Townsend
Turnquest Twiggs Y Valenti N Vaughan Y Walker,J Y Walker,L N Wall Ware Y Watson Y Watts Y White N Wilder Williams,B Williams,J Y Williams.R Y Yeargin Murphy.Spkr

Representative Vaughan of the 20th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

By unanimous consent, the following Resolution of the House was withdrawn from the General Calendar and recommitted to the Committee on State Planning and Community Affairs - Local:

HR 291. By Representatives McKinney of the 40th, McKinney of the 35th, Canty of the 38th, Davis of the 29th, Hightower of the 36th and others:
A resolution creating the Fulton County Study Committee on the Equitable Siting of Waste Handling Facilities.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 11. By Representatives Lane of the 27th, Bostick of the 138th and Hamilton of the 124th:
A bill to amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous rules of the uniform rules of the road, so as to make it unlawful for any person to possess an open container of any alcoholic beverage while operating a motor vehicle.

Representative Lane of the 27th moved that the House insist on its position in disagreeing to the Senate substitute to HB 11 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:

2242

JOURNAL OF THE HOUSE,

Representatives Lane of the 27th, Dixon of the 151st and Bostick of the 138th.

The following Resolution of the House was taken up for the purpose of considering the Senate amendment thereto:

HR 286. By Representatives Smith of the 152nd, Coleman of the 118th, Benefield of the 72nd, Alford of the 57th, Walker of the 115th and others:
A resolution endorsing Amtrak's proposed resumption of passenger rail service between Chicago and Florida with extensive service through Georgia.

The following Senate amendment was read:

Amend HR 286 by inserting on line 19 of page 2 between the word and symbol "Rome," and the word "Atlanta" the following:
"Rockmart,".

Representative Smith of the 152nd moved that the House disagree to the Senate amendment to HR 286.
The motion prevailed.

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:

SB 396. By Senators Deal of the 49th and Foster of the 50th:
A bill to amend Code Section 20-2-57 of the Official Code of Georgia Annotated, relating to the organization of county boards of education and the selection and term of the chairman, so as to authorize a county board of education to adopt a local board policy establishing the term of the chairman.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker
Balkcom Y Barfoot YBargeron YBamett,B Y Barnett,M Y Bates Y Beatty Y Benefield YBirdsong
Blitch Y Bordeaux Y Bostick Y Branch
Breedlove Y Brooks Y Brown
Y Brush Y Buck Y Buckner

Y Byrd Y Campbell Y Canty Y Carrell Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.H Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B
Cummings.M Davis.G Y Davis,M DUon,H
Y Don,S Y Dobbs Y Dover

Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd.J.W Y Flynt
Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Banner Y Harris.B Y Harris,J Y Heard Y Henson
Y Herbert Hightower
Y Holland

Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore Y King Y Kingston Y Klein Y Ladd Y Lane.D Y Lane,R Y Langford Y Lawrence Y Lawson Y Lee
Long Y Lord Y Lucas
Y Lupton Y Mann
Martin

Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt
Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orr
Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote
Y Perry Y Pettit Y Pinholster

TUESDAY, MARCH 12, 1991

2243

Pinkston
YPoag Y Porter YPoston Y PowelU Y Powell,C Y Purcell YRandall YRay
Reaves
Redding

Y Ricketson
Y Royal Selman
Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith,L
Y Smith,P Smith,T
Y Smith,W

Y Smyre
Y Snow Y Stancil.F Y Stancil,S Y Stanley
Stephens Y Streat Y Taylor
YTeper Y Thomas.C Y Thoma8,M

Y Thomas.N
Y Thurmond Y Titus
Tolbert Y Townsend Y Turnquest YTwiggs Y Valenti Y Vaughan Y Walker,J Y Walker,L

Wall
Ware Y Watson Y Watts
White Y Wilder
Williams.B Williama,J Y William8,R Y Yeargin Murphy ,Spkr

On the passage of the Bill, the ayes were 152, nays 0. The Bill, having received the requisite constitutional majority, was passed.

The following Resolution of the House was read and referred to the Committee on Rules:

HR 527. By Representatives Powell of the 13th and Clark of the 13th:
A resolution commending the Hart County Lady Bulldogs basketball team and inviting the team and coaches to appear and be recognized before the House of Representatives.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 544. By Representative Martin of the 26th:
A bill to provide for the creation of one or more community improvement districts in the City of Atlanta, Georgia.

The following Senate amendment was read:

Amend HB 544 by striking the word "nine" and inserting in lieu thereof the figure "11" on line 28 of page 11.
By inserting on line 33 of page 11 preceding the word "and" the following:
"one board member shall be appointed by the members of the House of Representatives who represent any part of the City of Atlanta; one board member shall be appointed by the members of the Senate who represent any part of the City of Atlanta;".
By inserting on line 2 of page 12 after the word and symbol "board." the following:
"Members of the General Assembly shall not be eligible to serve as appointed members of the board.".
By striking "city governing body" and inserting in lieu thereof "appointing authority" on line 4 of page 12.
By striking "city governing body" and inserting in lieu thereof "appointing authority" on line 11 of page 12.

Representative Martin of the 26th moved that the House disagree to the Senate amendment to HB 544.
The motion prevailed.

2244

JOURNAL OF THE HOUSE,

Representative Watson of the 114th District, Chairman of the Committee on Industry, submitted the following report:
Mr. Speaker:
Your Committee on Industry has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 416 Do Pass
Respectfully submitted, /s/ Watson of the 114th
Chairman

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House:

HB 97. By Representative Smith of the 78th:
A bill to amend Code Section 44-14-3 of the Official Code of Georgia Annotated, relating to the furnishing of a cancellation of a deed to secure debt or other security instrument by a grantee upon the payment of such instrument, so as to change the civil penalty for the failure to supply a cancellation within the statutory time limit.

The Senate has passed, as amended, by the requisite constitutionalmajority the following Bills of the House:

HB 406. By Representatives Orrock of the 30th, Martin of the 26th, Brown of the 88th, Turnquest of the 56th and Bordeaux of the 122nd:
A bill to amend Code Section 34-9-281 of the Official Code of Georgia Annotated, relating to prerequisites to compensation for occupational disease, so as to extend the time period for filing of claims resulting from occupational disease.

HB 412. By Representatives Dover of the llth, Godbee of the 110th and Royal of the 144th:
A bill to amend Article 5A of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to the examination of county tax digests, so as to revise and change provisions regarding the appeals of digest rejections.

The Senate insists on its substitute to the following Bill of the House:

HB 358. By Representatives Barnett of the 10th, Parham of the 105th and Harris of the 84th:
A bill to amend Article 4 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to restoration of drivers' licenses after completion of defensive driving course or alcohol and drug program, so as to provide for criminal records checks and determinations based thereon for operators and instructors of DUI alcohol or drug use risk reduction programs.

TUESDAY, MARCH 12, 1991

2245

The Senate has disagreed to the House amendment to the following Bill of the Senate:

SB 357. By Senators Foster of the 50th, Deal of the 49th and Johnson of the 47th:
A bill to amend Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Industry, Trade, and Tourism, so as to provide for state funding of local welcome centers; to provide for criteria for funding; to provide for restrictions on the use of such funding; to provide for audits and inspections; to provide for withholding of funds; to provide for discontinuation of funding.

The Senate adheres to its disagreement to the House amendment and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the Senate:

SB 311. By Senator English of the 21st:
A bill to amend Code Section 1-3-3 of the Official Code of Georgia Annotated, relating to definitions in the laws and statutes, so as to add definitions for agriculture, agricultural operations, agricultural or farm products, crops, and growing crops.
The President has appointed on the part of the Senate the following:
Senators English of the 21st, Deal of the 49th and Foster of the 50th.

The Senate has agreed to the House substitute as amended by the Senate, to the following Bill of the Senate:

SB 367. By Senator Deal of the 49th:
A bill to amend Code Section 16-12-35 of the Official Code of Georgia Annotated, relating to manufacture and sale of printed materials and equipment for use in a lottery conducted by a state or foreign country, so as to delete the provisions requiring such lottery to be conducted by a state or foreign country.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 461. By Representatives Chambless of the 133rd and Thomas of the 69th:
A bill to amend Article 7 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to continuances, so as to change the provisions relating to continuance for the absence of a witness and what the application is to show.

The following Senate substitute was read:

A BILL
To amend Article 7 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to continuances, so as to provide for an additional ground for a continuance because of attendance of a party or an attorney at the General Assembly by reason of such person's service on the staff of certain officers of the General Assembly; to provide for continuances because of service to certain standing committees; to change the provisions relating to continuance for the absence of a witness and what the application is to show; to

2246

JOURNAL OF THE HOUSE,

amend Code Section 9-11-9.1 of the Official Code of Georgia Annotated, relating to affidavits to accompany charges of professional malpractice, so as to provide for qualifications for expert witnesses; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 7 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to continuances, is amended by striking Code Section 9-10-150, relating to attendance of a party or an attorney on the General Assembly, and inserting in lieu thereof a new Code Section 9-10-150 to read as follows:
"9-10-150. It shall be the duty of the judge of any trial court of this state to continue, on or without motion, any case in the court when any party thereto or his attorney shall, when the case is reached, be absent from the court by reason of his membership in the General Assembly or if lead counsel in such case shall be absent, by reason of his service on the staff of the Lieutenant Governor, Speaker of the House of Representatives, President Pro Tempore, Speaker Pro Tempore, or the chairman of the Judiciary Committee or Special Judiciary Committee of the Senate or House of Representatives. Any such continuance shall last during the entire length of any regular or extraordinary session thereof and during the first three weeks of any recessed or adjourned regular or extraordinary session thereof, including the first three weeks immediately following any session adjourned sine die, unless the party, in the absence of his attorney, or the attorney, in the absence of the party, shall, on the call of the case, announce ready for trial; provided, however, that where there are several attorneys engaged by a party, a continuance shall be granted upon a showing by the party or his other counsel that the absent counsel is necessary or desirable for the proper handling of the case."
Section 2. Said article is further amended by striking Code Section 9-10-160, relating to continuance for the absence of a witness, and inserting in lieu thereof a new Code Section 9-10-160 to read as follows:
"9-10-160. All applications for continuances upon the ground of the absence of a witness shall show to the court:
(1) That the witness is absent; (2) That he has been subpoenaed;
\<5) L nSd 116 Q.OGS HOC rCSluG DQOFC UlflU AUU IU116S IfODU Tn plflCC Or tPlfll Dy trlC
neatest practical route outside of the state; (4) That his testimony is material; (5) That the witness is not absent by the permission, directly or indirectly, of the
applicant; (6) That the applicant expects he will be able to procure the testimony of the wit-
ness at the next term of the court; (7) That the application is not made for the purpose of delay but to enable the
party to procure the testimony of the absent witness; and (8) The facts expected to be proved by the absent witness."
Section 3. Code Section 9-11-9.1 of the Official Code of Georgia Annotated, relating to affidavits to accompany charges of professional malpractice, is amended by adding at the end thereof a new subsection (g) to read as follows:
"(g) As defined in this Code section, and as otherwise applicable to the testimony of expert witnesses in cases of professional malpractice and notwithstanding any provisions of law which could be construed to the contrary, an expert witness shall be one who is otherwise qualified to testify as to the acceptable conduct of the professional whose conduct is in issue and who, at the time the act or omission is alleged to have occurred, was:
(1) Licensed by the appropriate regulatory agency to practice his or her profession in the state in which such witness was practicing the profession at such time;
(2) Actively engaged in practicing the profession for at least three of the last five years immediately preceding such time or was currently employed and spending at least half of his or her professional time on the faculty of an educational institution

TUESDAY, MARCH 12, 1991

2247

accredited in the teaching of the professional discipline about which the witness is to testify; and
(3) Fully trained and experienced in the specific area of professional discipline about which the witness is to testify."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Groover of the 99th moves to amend the Senate substitute to HB 461 as follows:
By striking Section No. 3 in its entirety and renumbering the remaining Sections accordingly.

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

Y Abernathy Y Adams
Y Aiken Alford
Y Atkins
Baker Balkcom N Barfoot Bargeron Y Barnett.B Y Barnett,M N Bates Y Beatty N Benefield Y Birdsong N Blitch Y Bordeaux
Y Bostick Y Branch
Breedlove Y Brooks Y Brown
Brush YBuck Y Buckner
YByrd Y Campbell
N Canty Y Carrell N Carter N Chafin N Chambless
N Cheeks N Childers
Y Clark,E Y Clark,H

N Clark,L Y Coker Y Coleman
Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings,M Y Davis.G Y Davis,M N Dixon.H Y Dixon,S N Dobbs Y Dover N Dunn Y Edwards N Elliott N Felton
Fennel Y Floyd,J.M Y FloydJ.W YFlynt N Godbee N Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond N Hanner
Harris,B Y Harris,J N Heard Y Henson

Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins N Jones
Kilgore YKing N Kingston Y Klein NLadd Y Lane.D Y Lane.R Y Langford N Lawrence N Lawson NLee
Long NLord Y Lucas N Lupton YMann Y Martin Y McCoy N McKelvey N McKinney,B Y McKinney.C Y Meadows
Merritt Milam Y Mills

Y Mobley Y Moody N Morsberger Y Moultrie N Mueller N Oliver.C
Y Oliver.M YOrr
Y Orrock Y Padgett Y Parham Y Parrish
Y Patten Y Pelote Y Perry N Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell,A N Powell.C N Purcell Y Randall
YKay Y Reaves
Redding Y Ricketson Y Royal
Selman Y Sherrill
Y Simpson Y Sinkfield Y Skipper Y Smith.L

On the adoption of the amendment, the ayes were 116, nays 42. The amendment was adopted.

Y Smith.P N Smith.T Y Smith,W Y Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Stephens
Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond N Titus N Tolbert N Townsend
Y Turnquest Twiggs
Y Valenti
Y Vaughan Y Walker,J Y Walker,L N Wall
Ware Y Watson Y Watts Y White N Wilder
Williams.B Williams,J Y Williams.K Y Yeargin Murphy.Spkr

Representative Chambless of the 133rd moved that the House agree to the Senate substitute, as amended by the House, to HB 461.
On the motion, the roll call was ordered and the vote was as follows:

N Abernathy
Y Adams Y Aiken

Alford Y Atkins
Baker

Balkcom Y Barfoot
Bargeron

Y Barnett.B N Barnett.M
Y Bates

Y Beatty Y Benefield Y Birdsong

2248

JOURNAL OF THE HOUSE,

Y Blitch Y Bordeaux Y Bostick Y Branch
Breedlove N Brooks Y Brown
Brush YBuck Y Buckner YByrd Y Campbell
Y Canty Y Carrell Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y ClarkJE Y Clark,H Y Clark,L Y Coker
Y Coleman Colwell
Y Connell Y Culbreth Y Cummings.B Y Cummings.M Y Davis.G N Davis.M Y Dixon.H Y Dixon.S

Y Dobbs
Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd,J.W
YFlynt Y Godbee
Y Golden Y Goodwin
E Green Y Greene N Griffin Y Groover
Hamilton Y Hammond Y Manner Y Harris.B
Y Harris,J Y Heard Y Henson
Herbert Y Hightower
Y Holland Y Holmes Y Howard Y Hudson
Ylrwin Y Jackson Y Jamieson

Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane,D Y Lane,R N Langford Y Lawrence Y Lawson YLee
Long
YLord Lucas
Y Lupton NMann Y Martin Y McCoy Y McKelvey Y McKinney,B N McKinney.C N Meadows Y Merritt YMilam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie N Mueller Y Oliver.C

On the motion, the ayes were 143, nays 16. The motion prevailed.

Y Oliver.M Y Orr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston
YPoag Y Porter Y Poston Y Powell,A N Powell.C Y Purcell Y Randall YRay Y Reaves Y Redding Y Ricketson Y Royal
Selman Y Sherrill N Simpson N Sinkfield Y Skipper Y Smith,L
Y Smith,P Y Smith.T Y Smith,W

Y Smyre Y Snow Y Stancil.F Y Stancil.S N Stanley Y Stephens Y Streat Y Taylor Y Teper N Thomas.C
Thomas.M Y Thomas.N Y Thurmond
Titus Y Tolbert
Y Townsend Y Turnquest
Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall
Ware Y Watson Y Watts Y White Y Wilder
Williams.B Williams,J N Williams.R Y Yeargin
Murphy.Spkr

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:

SB 375. By Senators Albert of the 23rd and Kidd of the 25th:
A bill to amend Code Section 10-1-510 of the Official Code of Georgia Annotated, relating to duplication of works of fine art, so as to change the conditions upon which printers may agree to duplicate works of fine art; to provide for statements and forms; to change certain criminal penalties and provide for civil liability and recovery; to provide for applicability.

The following amendment was read and withdrawn:

The Committee on Special Judiciary moves to amend SB 375 by striking from line 14 of page 2 the following:

The following amendment was read and adopted:
Representative Carrell of the 65th moves to amend SB 375 by striking from line 3 of page 3 the word "trebled".
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, as amended, the roll call was ordered and the vote was as follows:

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2249

Y Abernathy Y Adams Y Aiken
Alford Y Atkins
Baker Y Balkcom YBarfoot Y Bargeron Y Barnett.B Y Barnett,M Y Bates Y Beatty Y Benefield
Birdsong Y Blitch Y Bordeaux
Y Bostick Y Branch
Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell
Canty Y Carrell Y Carter Y Chafin
Chambless Y Cheeks Y Childers Y Clark.E Y Clark,H

Y Clark.L Y Coker Y Coleman Y ColweU Y Connell Y Culbreth Y CummingstB Y Cummings,M
Davis.G Y Davis.M Y Diion.H Y Dixon,S Y Dobbs Y Dover YDunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
YFlynt YGodbee Y Golden Y Goodwin E Green Y Greene Y Griffin
Groover Y Hamilton Y Hammond
Hanner Y Harris,B Y HarriM Y Heard Y Henson

Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore
YKing Y Kingston Y Klein YLadd YLane,D
Y Lane.R Y Langford Y Lawrence Y Lawson
YLee YLong
YLord Lucas
Y Lupton YMann Y Martin
YMcCoy Y McKelvey Y McKinney.B
McKinney.C Y Meadows Y Merritt YMilam Y Mills

Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr YOrrock Y Padgett YParham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter YPoston Y Powell,A Y Powell.C Y Purcell YRandall
Ray Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Sinkfleld Y Skipper Y Smith,L

Y Smith,P Y Smith,T
Smith.W YSmyre YSnow Y Stancil,F Y Stancil,S Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas,C Y Thomas,M Y Thomas.N Y Thurmond Y Titus Y Tolbert
Townsend
Y Turnquest YTwiggs Y Valenti
Y Vaughan Y Walker,J Y Walker.L Y Wall
Ware
Y Watson Y Watts Y White Y Wilder
Williams.B Williams.J Y Williams,R Y Yeargin Murphy,Spkr

On the passage of the Bill, as amended, the ayes were 159, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Lane of the 27th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 916 Do Pass HB 971 Do Pass HB 973 Do Pass HB 1026 Do Pass, by Substitute

SB 349 Do Pass, by Substitute HB 781 Do Pass HR 291 Do Pass, by Substitute

Respectfully submitted, /a/ Lane of the 27th
Chairman

By unanimous consent, the following Bills and Resolution of the House and Senate were taken up for consideration and read the third time:

HB 781. By Representatives Aiken of the 21st, Atkins of the 21st, Coker of the 21st, Clark of the 20th (Post 3), Wilder of the 21st and others:
A bill to amend an Act reincorporating the City of Marietta, so as to change the corporate limits of the city.

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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, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 916. By Representatives Dixon of the 151st and Smith of the 152nd:
A bill to amend an Act incorporating the City of Kingsland, so as to change the corporate limits of such municipality.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 971. By Representative Dixon of the 151st and Smith of the 152nd:
A bill to amend an Act incorporating the City of Kingsland, so as to change the mandatory provision of having a city manager employed by the City of Kingsland.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 973. By Representative Dixon of the 151st and Smith of the 152nd:
A bill to amend an Act creating the Camden County Public Service Authority, so as to delete a provision relating to the power of the authority to undertake certain projects, services, or facilities.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1026. By Representative Smith of the 152nd:
A bill to revise and reenact the law creating a Board of Commissioners of Bacon County.

The following Committee substitute was read and adopted:

A BILL
To revise and reenact the law creating a Board of Commissioners of Bacon County; to provide for districts for residence of members of the board of commissioners other than the chairman; to provide that the chairman and members of the board shall be elected by the voters of their respective districts; to provide that those persons currently serving as members of the board of commissioners shall complete their terms of office; to provide for

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election of successors; to provide for qualification of members; to provide for an oath of office; to provide for compensation; to provide for reimbursement for mileage and actual expenses; to provide for a per diem allowance in certain circumstances; to provide for the filling of vacancies; to provide for election of a vice chairman; to provide for assumption of the duties of the chairman by the vice chairman in certain circumstances and for a change in the vice chairman's compensation; to provide for removal of a vice chairman exercising the chairman's duties; to provide for duties of the chairman; to provide for the vote of the chairman in certain circumstances; to provide for bonds; to provide for recall; to provide for a quorum; to provide for meetings, extra sessions, and special meetings of the board of commissioners; to provide for open meetings and executive sessions; to provide for the adoption of rules of order and bylaws; to provide for the appointment, salary, duties, bonds, and removal of a clerk and assistant clerk; to provide for a monthly list of disbursements; to provide for the power and duties of the board; to provide for reports from county officers; to provide qualifications for county employees; to provide for a superintendent of roads; to provide for a county attorney; to provide for a financial statement; to provide for an annual budget; to prohibit expenditure of county funds except in accordance with the budget; to provide for an annual continuous audit of county finances; to provide for maintenance of financial records and removal from office for failure to maintain sufficient records; to provide for a county depositary; to provide for citing defaulting officers; to provide for publication of a list of disbursements, balance sheet, and operating statement; to provide for inventory of county property; to prohibit subcontracting by the board in certain circumstances; to require a majority vote for entering into contracts; to provide for the method of payment for rights of way for roads; to provide for adoption and approval of a purchasing policy; to prohibit certain purchases; to require written contracts; to provide for contracting to the lowest bidder after notice; to provide for performance and payment bonds from contractors; to provide for exceptions; to provide for license fees; to provide for public buildings; to provide for the control of property; to provide for the sale or disposal of property; to provide procedures for the sale of real property; to provide for exceptions; to provide for temporary loans in certain circumstances; to provide for limited applicability to the Bacon County Board of Education; to provide for copies of audits from the Bacon County Board of Education; to provide for review of legislation by the judge of the superior court with county officers; to provide for severability; to repeal specific Acts; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. (a) For purposes of electing the five members of the board of commissioners of Bacon County, who must reside in districts, the county is divided into six districts as follows:
District 1
All that territory embraced within the boundaries of Bacon County
District 2
Bacon Tract 9901 That part of Block 254 within the City of Alma Those parts of Blocks 334 and 338 within the City of Alma Blocks 351 through 373 and 390 through 395 Blocks 401 through 403 Blocks 616 through 627 and 639 through 642

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Blocks 703 through 705 and 723 That part of Block 858 within the
City of Alma
District 3
Bacon Tract 9901 Blocks 339 through 350, 374 through 389, and 396 through 399 Blocks 404 through 420 Those parts of Blocks 502, 503, and 527 within the City of Alma Blocks 528 through 530 That part of Block 531 within the City of Alma Block 532 Those parts of Blocks 533, 536, 538, and 539 within the City of Alma Blocks 541 and 543 through 550 Blocks 601 through 615, 628 through 638, and 643 through 650 Blocks 701, 702, 706 through 722, and 724 through 734 Those parts of Blocks 735 and 736 within the City of Alma That part of Block 857 within the City of Alma
District 4
Bacon Tract 9901 Block Group 1 Blocks 201 through 253 That part of Block 254 outside the City of Alma Blocks 255 and 257 through 267 Blocks 321, 322, and 328 through 333 That part of Block 334 outside the City of Alma Blocks 336 and 337 That part of Block 338 outside the City of Alma
Districts
Bacon Tract 9901 Block 335 Block 537 That part of Block 539 outside the City of Alma Those parts of Blocks 735 and 736 outside the City of Alma Blocks 740 and 741 Those parts of Blocks 742 and 758 lying south of Georgia Power line Block 759

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That part of Block 760 lying south of Georgia Power line
Those parts of Blocks 801 and 803 lying south of Georgia Power line
Blocks 804 through 820 and 822 through 856
Those parts of Blocks 857 and 858 outside the City of Alma
Blocks 859 through 874 and 899
District 6
Bacon Tract 9901 Blocks 301 through 320 and 323 through 327 Blocks 421 through 452 Block 501 Those parts of Blocks 502 and 503 outside the City of Alma Blocks 504 through 526 Those parts of Blocks 527, 531, 533, 536, and 538 outside the City of Alma Blocks 737 through 739 That part of Block 742 lying north of Georgia Power line Blocks 743 through 755 and 757 Those parts of Blocks 758 and 760 lying north of Georgia Power line Blocks 761 through 797 That part of Block 801 lying north of Georgia Power line Block 802 That part of Block 803 lying north of Georgia Power line Blocks 888 and 889
(b) Any part of Bacon County which is not included in any district described in this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1980 or any future such census.
Section 2. (a) (1) At the general election conducted in 1984, the chairman and four members of the board shall be elected.
(2) The chairman shall be elected from District 1 for an initial term of four years beginning January 1, 1985, and until his successor is elected and qualified.
(3) The members from Districts 2 and 5 shall each be elected for an initial term of four years beginning January 1, 1985, and until their successors are elected and qualified. The members from Districts 4 and 6 shall each be elected for an initial term of two years beginning January 1, 1985, and until their successors are elected and qualified.
(4) That person elected to represent the Alma District as a member of the board of commissioners of Bacon County at the 1982 general election, under previously existing provisions of this Act, shall serve out that member's term of office, which shall expire December 31, 1986, and until the election and qualification of a successor under this section. That successor shall be elected at the 1986 general election to serve from District 3 under this section and shall take office January 1, 1987, for an initial term of four years and until the election and qualification of a successor.

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(5) From January 1, 1985, until January 1, 1987, the board of commissioners of Bacon County shall consist of the chairman and four members elected under this subsection and the incumbent member elected at the 1982 general election to represent the Alma District. (b) Successors to those members elected under subsection (a) of this section shall be elected at the general election immediately preceding the expiration of the respective terms of office and they shall each take office January 1 following their election for terms of four years and until the election and qualification of their respective successors. (c) The chairman and each member of the board shall be elected by a majority of the voters within their respective commissioner districts. The chairman and each member of the board shall be nominated and elected in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the "Georgia Election Code."
Section 3. Qualifications of members: Members of the board of commissioners shall be citizens of this State who have attained the age of twenty-five (25) years, are and have been legal residents of Bacon County, and their respective district for not less than two (2) years preceding the date of their election, are free holders in Bacon County, who have paid their taxes to date, and qualified and registered in Bacon County to vote for members of the General Assembly. No member of the board of commissioners shall be eligible to hold any other office of the county, a municipality, nor of the State of Georgia during his term of office on the board.
Section 4. Oath of office: The commissioners designated as constituting the board of commissioners hereinabove and each commissioner hereafter elected or appointed to the office of commissioner shall, before assuming the duties of such office, take and subscribe the following oath, viz.: "I solemnly swear that I will faithfully and impartially perform my duties as a member of the board of commissioners of roads and revenues of Bacon County during my continuance in office. I further swear that I am not the holder of any public funds unaccounted for. So Help Me God."
Section 5. Compensation. The compensation of the chairman of the board shall be the average of the compensation of the constitutional officers of Bacon County, the exact amount to be determined by the Board of Commissioners of Bacon County, to be paid in equal monthly installments out of the funds of Bacon County. The compensation of each of the other members of said board, other than the chairman, shall be not less than $1,200.00 nor more than $1,800.00 per annum, to be determined by the Board of Commissioners of Bacon County, to be paid in equal monthly installments out of the funds of Bacon County. In addition to the compensation provided for above, the board may provide each member an additional amount not to exceed $25.00 per meeting for each extra session or special meeting called in addition to regular meetings. The board may provide that the chairman and the other members of the board be reimbursed, at a rate not to exceed that provided for members of the General Assembly, for mileage to and from their homes to the county courthouse to attend regular and special meetings of the board and for any other travel in the general performance of their duties as members of the board of commissioners. The chairman and the other members of the board shall be entitled to reimbursement from the county for actual expenses incurred by them while engaged in county business. In addition to travel and actual expenses, the board shall authorize a per diem allowance, not to exceed in amount the per diem allowance provided for members of the General Assembly, to any board member when such board member is required to travel outside the county in the pursuance of county business.
Section 6. Vacancies. All vacancies in the membership of the board of commissioners occurring within one year or less of expiration of such term of office shall be filled by appointment of the remaining membership of the board. All vacancies occurring in the membership of the board more than one year prior to the expiration of the term of office shall be filled by a special election called in the same manner as provided to fill vacancies in other county offices. Persons so appointed or elected shall be commissioned and shall hold office until the expiration of said unexpired term and until his successor is elected and qualified.

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Section 7. (a) At their first regular meeting in January, 1985, and at the first regular meeting in each year thereafter, the board of commissioners shall by majority vote elect one of their number as vice chairman. The vice chairman shall serve at the pleasure of a majority of the members of the board and may be removed at any time without notice, cause, or hearing. If the chairman dies, resigns, or is removed from office, the vice chairman shall assume the duties of the chairman and shall receive the same salary as provided for the chairman for the remainder of the term; provided, however, the board may remove the vice chairman exercising the chairman's duties and call for a special election to fill the vacancy in the chairman's post for the remainder of the unexpired term.
(b) It shall be the duty of the chairman to act as presiding officer at all meetings of the board of commissioners, and he shall be recognized as the ceremonial head of the county government but shall have no other administrative duties except as herein provided or such as may be delegated to him by the board of commissioners. In the event of the temporary absence, disqualification, or disability of the chairman, the vice chairman shall assume the duties of chairman and shall receive a per diem allowance, not less than the amount of the per diem allowance provided for members of the General Assembly, for every day that said vice chairman performs the duties of the chairman. It shall be the duty of the chairman to preserve order and decorum at all meetings of the board, to state every question coming before the board, to announce the decision of the board on all subjects and decide all questions of order, subject, however, to an appeal to the board, in which event a majority vote of the board shall govern and conclusively determine such question of order. The chairman shall not have the right to vote on any matters coming before the board except in the case of a tie vote. All six commissioners shall be bonded in the amount of $10,000.00 by a good and solvent bonding company authorized to do business in the State of Georgia, said bond to be approved by the judge of the probate court, payable to the judge of the probate court and his successors in the office, for the use of Bacon County, conditioned upon the faithful performance of their duties. The costs of said bonds shall be paid from the general funds of Bacon County.
Section 8. Recall: Bach member of the board of commissioners shall be subject to recall at any time after his election. The petition for such recall election must be signed by not less than 35% of the qualified registered voters of said county who were on the list of registered voters for the last general election. Every person signing such petition must sign the same in the office of the ordinary of Bacon County, and it must be signed in the presence of the ordinary or of an employee of the ordinary. The person or persons sponsoring such petition shall address such petition to the ordinary, petitioning him to call for a special election to submit the question of whether any member of the board shall be recalled. The ordinary shall allow such person or persons, from time to time, to count the number of names on said petition in order to determine whether a sufficient number of people have signed the petition. Such person or persons must notify the ordinary when they desire to officially present the petition to him. Provided, however, that no such petition shall be presented to the ordinary more than fifteen (15) days after it is placed in the ordinary's office for the purpose of obtaining signatures thereon. Any petition presented after such fifteen (15) day period shall be void and of no force and effect. It shall then be the duty of the ordinary to determine whether such petition bears the proper percentage of names and to determine the sufficiency of the petition. For this purpose, the clerk of the superior court of Bacon County is hereby directed to furnish the ordinary with a list of the registered voters for the last general election. The ordinary must make his decision of the sufficiency of the petition within fifteen (15) days after the same is formally presented to him. In the event he determines that the petition is in order, it shall be his duty to issue the call for an election and such call shall be issued within five (5) days after he determines that such petition is in order. He shall set the date of the election for not less than twenty (20) nor more than thirty (30) days from the date of the issuance of the call and shall publish the date and purpose of such election once a week for two (2) weeks immediately preceding the date thereof. The ballots used in such election shall state the name of the member of the board whose recall has been petitioned, and shall designate the district of such member. The ballot shall have written or printed thereon, the words "For recall of (name of member) (district)" and "Against recall of

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(name of member) (district)." The ordinary shall forthwith publish the results of such election, and if a majority of those voting in such election have voted in favor of recall, the position in question shall be vacated from the date of such recall election, and the person so removed shall not be eligible for re-election or appointment to the unexpired term. If a majority of those voting in such election vote against recall, the person shall retain his office. Vacancies created by a recall election shall be filled in the same manner as herein provided for the filling of other vacancies. In the event a recall election results in a majority of votes against recall, no additional recall election against the same person shall be held for at least two (2) years.
Section 9. Three members of the board shall constitute a quorum for the transaction of all business which may come before them.
Section 10. Meetings: All regular meetings of the board of commissioners shall be held at a date and time to be adopted by majority vote of the commissioners in the office of said board or at a pre-announced place on the courthouse premises in Bacon County, Georgia and said meetings may be adjourned from day to day until all business is completed. Any commissioner who fails to attend a monthly meeting forfeits his monthly salary for the month in which the meeting was missed. If any commissioner attends only part of a regularly scheduled meeting, the other commissioners shall decide whether or not to pay said commissioner. The majority of said commissioners is to decide on the validity of an excuse. Extra sessions or special meetings may be held at any time on the call of any two (2) members of the board. Whenever a special meeting is called, notice shall be given by the clerk of the board to each member of the board, in writing, setting forth the date, and the place of the meeting, and the purpose for which the same is called, and no business shall be transacted at such special meetings except such as is given in the notice without the unanimous consent of the entire board of commissioners. Notice and purpose of meetings may be waived. All such notices shall be served by leaving the same at the home of each member or by delivering the same to him in person. All meetings, both regular and special, shall be open to the public; provided, however, that the board shall have the right to hold executive sessions; provided, further, that no official action or vote on any proposition or question coming before the board shall be taken at any other than a public meeting.
Section 11. Rules of Procedure: It shall be the duty of the board of commissioners to adopt rules of order and by-laws by which all meetings shall be conducted, said rules of order and by-laws to be spread upon the minutes of the board.
Section 12. It shall be the duty of the board of commissioners, not later than January 31, 1965, and at the first regular meeting in each year thereafter, to appoint a clerk of the board of commissioners. The board shall also have the power and authority to appoint an assistant clerk if it deems the same necessary. The salary of the clerk and assistant clerk shall be fixed by the board of commissioners, and they shall serve at the pleasure of a majority of the board and may be removed at any time without notice, statement, or proof of cause. No member of the board of commissioners shall be eligible to hold the office of clerk during his continuance in office nor within 12 months after the expiration of the term nor within 12 months after resignation or removal from the office of commissioner.
Section 13. Duties of clerk: The clerk of the board of commissioners shall devote his entire time to the duties of his office and shall hold no other office, elective or otherwise, during his term as clerk. It shall be the duty of the board of commissioners to provide ample office space for the clerk in the courthouse in Bacon County. It shall be the duty of the clerk of the board of commissioners to attend all meetings of the board, subject to wishes of board; to keep a careful and accurate record of its proceedings, including a record of the votes on all questions coming before the board, keep an accurate set of books showing in detail all items of income and expense of the county; act as depositary for all funds received by officers of the county required by law to deposit the same with the

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county depositary; to account for all revenues due said county from whatever source; furnish to the board of commissioners such information as may be requested by them, and the clerk shall open his books at any reasonable time to any citizen requesting to see the same; keep and preserve all of the records of the board of commissioners; countersign all vouchers issued by the board of commissioners, thereby certifying that the same is a proper expenditure authorized by the board of commissioners; and perform such other duties as may be required of him by the board of commissioners. In the event of the absence, or disqualification of the clerk, the duties of his office may be performed by the assistant clerk appointed by the board of commissioners.
Section 14. Bond of clerk: Before entering upon his duties as clerk, it shall be the duty of the clerk and the assistant clerk to execute and deliver to the board of commissioners good and sufficient bond, not less than $50,000.00 nor more than $100,000.00, executed by a solvent bonding company authorized to do business in the State of Georgia, to be approved by the board of commissioners, payable to the board of commissioners and their successors in the office, for the use of Bacon County, conditioned upon the faithful performance of their duties. The costs of such bonds shall be paid from the general funds of Bacon County.
Section 15. Clerk to post monthly list of disbursements: The board of commissioners for Bacon County shall require the clerk of said board to post on the bulletin board in the rotunda or hallway of the courthouse, a monthly list of all disbursements in detail, by giving the names and amounts to whom the checks were issued and said list shall be accessible to the public. This information shall also be on file in the office of the board of commissioners for inspection by any citizen or taxpayer.
Section 16. Power and authority of board of commissioners: It shall be the duty of the board of commissioners of Bacon County to exercise all of the power and authority heretofore vested by law in the ordinary when sitting for county purposes, and delegated by law to the commissioners of roads and revenues of Bacon County, together with all power and authority which may hereafter be delegated by law to the governing authority of the county, by whatever name designated. The board of commissioners shall have power and authority to levy taxes, borrow money, hire and fire and all other powers and authority vested in county commissioners according to the laws and Constitution of the State of Georgia.
Section 17. Reports of county officers: The board of commissioners is empowered to require that any or all county officers make written reports to them on the general or specific conduct of the affairs of their respective offices, semiannually, and to adopt rules and regulations, not in conflict with the general laws of the State, concerning the conduct of such offices.
Section 18. Annual reports of county officers: All county officers of the various departments of Bacon County shall make a return, under oath, to the grand jury on the first day of each term of the superior court, setting forth a just and true statement of the amount of money received by them belonging to said county and the sources from which the same was received; also, the expenditures, accompanied with proper vouchers.
Section 19. The board of commissioners of Bacon County shall have the power to appoint and remove all county employees, to set all salaries, and to adopt reasonable rules and regulations for the various departments of the county. All employees employed by said board shall be of the highest moral integrity possible and shall be citizens of the United States who have paid their taxes to date and who are the best qualified and experienced people that said board can employ in the field of endeavor for which the employees are being employed.
Section 20. Superintendent of roads: The board of commissioners shall have the right to appoint a superintendent of roads and to define his duties and fix his salary.
Section 21. County attorney: The board of commissioners shall have the right to appoint a county attorney and fix his compensation.

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Section 22. Tax requirements: It shall be the duty of the board of commissioners of Bacon County to have prepared by the clerk, under their supervision, by the time of the occasion of the grand jury at the first or spring term, a statement of the financial condition of the county, and the amount of tax required for county purposes for the year, which shall be presented by the clerk, to the foreman of the grand jury on the first day of the term, for inspection by that body.
Section 23. Budgets and appropriations: The board of commissioners, shall, annually, not later than the first regular meeting in March of each year, beginning with the year 1965, adopt a budget providing for the expenditure of all county funds, including capital outlays and public works, for the ensuing year. Prior to the adoption of said budget, the board shall hold one public meeting thereon, giving notice thereof at least ten days in advance by publication of such notice and of the proposed budget in the official organ of Bacon County and by posting the same at the courthouse door. After its adoption, the budget shall constitute the board's appropriation of all funds for the year. The budget so adopted may be revised during the year only by formal action of the board in a regular meeting and no increase shall be made in an appropriation without provision being made for financing the same.
Section 24. Expenditures bjr allotments: No expenditure of county funds shall be made except in accordance with the county budget, or amendments thereto, adopted by the board.
Section 25. Audits: The board shall, on or before January 31st annually, employ a certified public accountant for making an annual continuous audit of county finances and financial records of each and every department of the county. The accountant so employed shall be paid out of county funds, and shall perform a complete audit of the financial records of the county for the ensuing year, and shall report any irregularities found to exist. Each county officer shall exhibit his records to the auditor appointed by the board in default of which the board shall have the power to issue an order requiring the production of such records and to punish for failure to do so. Any officer who shall fail or refuse to deliver such books to said auditor shall receive no compensation from county sources during such default. A copy of each annual audit shall be delivered by the clerk to the spring session of the Bacon County grand jury and a copy filed in the office of the clerk of the superior court for public inspection.
Section 26. System of records: It shall be the duty of the board of commissioners to cause to be installed an adequate and sufficient system of maintaining financial records, in each office of the county, and to require that the same be properly maintained by each county officer. Any county officer who shall fail or refuse to maintain adequate and sufficient records indicating all receipts and disbursements shall be guilty of malfeasance of office, and removed from office as provided by law.
Section 27. County depositary: The clerk of the board of commissioners is hereby designated as depositary for all funds belonging to Bacon County, collected from whatever source. It shall be the duty of each county officer collecting funds which belong to Bacon County to deposit the same with said clerk not later than the tenth day of the month following receipt of the same. It shall be the duty of the clerk to report any defaulting officers to the board of commissioners, whereupon, it shall be the duty of the board of commissioners to cite such defaulting officer as provided by section 89-817 et seq., Georgia Code of 1933. The board of commissioners shall adopt rules and regulations concerning the public funds maintained by said clerk.
Section 28. List of disbursements may be published any time upon recommendation of grand jury: A recommendation of two-thirds of any grand jury may require that a list of all disbursements, showing names and amounts, expended by Bacon County be published in the official organ of said county.
Section 29. Quarterly publishing of balance sheet and operating statement: The board of commissioners shall publish in the official organ of Bacon County quarterly, to wit;

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(A) A current balance sheet of Bacon County. (B) An operating statement for the past three (3) months.
Section 30. Annual inventory of county property: An annual inventory shall be made by the board of commissioners of all property belonging to Bacon County, both real and personal, and kept in an inventory book for public inspection.
Section 31. The board of commissioners of Bacon County shall be prohibited from doing any subcontracting whatsoever except by a majority vote of the members of said board voting.
Section 32. No county contracts may be entered into by the board of commissioners of Bacon County except by a majority vote of the members of said board voting.
Section 33. Payments made in securing the rights of way for roads shall be made through condemnation; provided, however, the board of commissioners of Bacon County may make a voluntary payment or negotiate payment to a land owner by majority vote of the members of said board voting.
Section 34. Purchasing policy: A purchasing policy shall be adopted by the board of commissioners of Bacon County and same shall be in writing and submitted to the first grand jury after said board takes office under the provisions of this Act, for approval by a majority vote of said grand jury. If said grand jury disapproves said purchasing policy, said grand jury shall be required to revise and prepare a purchasing policy that said board must use. Until such time as the first grand jury shall meet in said county, said board may adopt whatever purchasing policy they deem advisable by a majority vote of said board.
Section 35. Certain purchases prohibited: The board of commissioners of Bacon County shall not purchase any goods or property from any business in which they are employees, or in which they are directly or indirectly interested, or from any person or partnership of which they are a member, or by whom they are employed, unless by sanction of the majority of the board of commissioners, or unless it be made clearly to appear that the said individual, partnership or owner of the business offers and will sell the goods or property as cheap as or cheaper than it can be bought elsewhere.
Section 36. Contracts to be in writing and entered on minutes: All contracts entered into by the board of commissioners of Bacon County and other persons on behalf of said county shall be in writing and entered on the minutes of said board.
Section 37. Whenever it becomes necessary to build or repair any courthouse, jail, bridge, causeway, or other public works in Bacon County, the board of commissioners of Bacon County may cause the same to be built or repaired by letting out the contract therefor to the lowest bidder, at public outcry before the courthouse door, after being advertised for letting of said contracts as provided for in Section 38 of this Act; provided, however, that said board shall have authority to reject any and all bids at such public letting and, if in its discretion the public interest and economy require it, said board may build or repair any public buildings, bridges, causeways, or other public property in said county by contract or sealed proposals.
Section 38. The board of commissioners of Bacon County may give notice of the contract to be let in the official organ of said county once a week for four weeks and by posting a written notice at the courthouse door for a like time, which notice and advertisement shall embrace such details and specifications as will enable the public to know the extent and character of the work to be done and the terms and time of payment. The clerk may make out and post conspicuously in said office of the board complete minute specifications of the proposed public work, which shall be open to the inspection of the public.
Section 39. Contractors who are awarded contracts shall be required to give bond in double the amount of the bid, with two good and solvent securities, for the faithful performance of the contract and to indemnify the county for any damages occasioned by a

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failure to perform the same within the prescribed time. The requirements of Sections 37 and 38 of this Act shall not apply to the building or repairing of any public bridge, building, or other work when the same can be done at less cost than $300.00, but the board of commissioners of Bacon County may have such work done by hiring hands and furnishing materials; provided, however, that the board of commissioners shall have the power and authority to purchase material for, and use convicts in, building or repairing any public building, bridge, causeway, or other public works in such county and, in such case, Sections 37 and 38 of this Act shall not apply. Where such material is purchased and such work is done by convicts or labor so furnished, the board of commissioners of Bacon County may use the funds of said county arising from taxes levied for such purposes in purchasing said material and in supporting and maintaining the convicts while said work is being done.
Section 40. Bonds for public contractors: No contract with the board of commissioners of Bacon County for the doing of any public work shall be valid for any purpose, unless the contractor shall give:
(A) A performance bond with good and sufficient surety or sureties payable to, in favor of and for the protection of the board of commissioners of Bacon County for whom the work is to be done. The performance bonds shall be in the amount of at least the total amount payable by the terms of the contract. This bond shall not be required when a bond is required under preceding Section of this Act.
(B) A payment bond with good and sufficient surety or sureties, payable to the board of commissioners of Bacon County for the use and protection of all contracts and all persons supplying labor, materials, machinery and equipment and the prosecution of the work provided for in said contract.
(C) Provided, however, that this Section shall not apply where the contract price does not exceed $1,000.00.
Section 41. Fees and Licenses: The county commissioners shall also have authority to set fees and licenses for all persons conducting business in Bacon County outside the City of Alma.
Section 42. Erection and furnishing of buildings; protection of records: It is the duty of the board of commissioners of Bacon County to erect or repair, when necessary, the courthouse and jail, and all other necessary public buildings, to furnish each with all the furniture necessary for the different rooms, offices, or cells, and to procure a fire-proof safe or safes sufficient to hold at least all the minute books containing records, all judgments, officers' bonds, all recognizances, the bonds of administrators and guardians, and the records of wills and of appraisements and sales, unless the courthouse has a fire-proof vault. Such books and papers, and all others that can be so cared for, shall be placed in such safes or vaults at night or when, the various county officers are absent from their offices.
Section 43. How property controlled: The board of commissioners of Bacon County shall have the control of all property belonging to said county, and may by order to be entered on their minutes direct the disposal of any real property which may lawfully be disposed of, and make and execute good and sufficient title thereof on behalf of the county.
Section 44. Unserviceable property sold: When any county property shall become unserviceable, it may be sold or otherwise disposed of, by order of the board of commissioners of Bacon County and an entry of the same shall be made in the inventory book, and the money received therefrom shall be paid to the county depositary.
Section 45. Public sale of real property; publication of notice: Prior to the sale or disposition of any real property belonging to Bacon County, notice of the contemplated sale or disposition of such property shall be published in the official organ of said county once a week for four weeks. After such publication said property shall be sold at public outcry to the highest bidder for cash in front of the courthouse on the first Tuesday of

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the month following such publication in the same manner in which sheriffs sales are held. The provisions of this Section shall not apply to redemption of the property held by said county under a tax deed, a granting of easements, rights-of-way, the sale, conveyance or transfer or road rights-of-way and the sale, transfer or conveyance to any other body politic. This Section shall not apply to any option to sell or dispose of any real property belonging to said county of this State that was granted by said county prior to March 17, 1959.
Section 46. Temporary loans authorized; conditions: In addition to obligations otherwise allowed, the board of commissioners of Bacon County is hereby given the authority to make temporary loans between January 1st and December 31st in each year to pay expenses for such year, upon the following conditions: The aggregate amount of all such loans of said county outstanding at any one time shall not exceed seventy-five (75%) per cent, of the total gross income of said county from taxes collected by said county in the last preceding year. Such loans shall be payable on or before December 31st of the calendar year in which the loan is made. No loan may be made in any year under the provisions of this section when there is a loan then unpaid which was made in a prior year under the provisions of this section. If such loan shall be first authorized by resolution fixing the terms of such loan adopted by a majority vote of the board of commissioners of Bacon County, at a meeting legally held, and such resolution shall appear upon the minutes of such meeting, Bacon County shall not incur in any one calendar year an aggregate of such temporary loans and other contracts or obligations for current expenses, in excess of the total anticipated revenue of said county, for such calendar year, or issue in one calendar year, notes, warrants or other evidences of such indebtedness in a total amount in excess of such anticipated revenue for such year.
Section 47. Reserved.
Section 48. Inapplicability of this Act to county board of education: This Act in its entirety shall not be applicable to the Bacon County Board of Education except that the Bacon County Board of Education shall submit annually a copy of its audit to:
(A) The spring grand jury. (B) The clerk of the superior court for public inspection. (C) The board of county commissioners.
Section 49. Review of legislation by. judge: The judge of the superior court of Bacon County, Georgia, on the first day of the commencement of court during a May term of the superior court which is held immediately after any county commissioner is elected shall read and review all the provisions of this legislation and all amendments thereto to all county officers.
Section 50. Effective date: The effective date of this Act shall be July 1, 1991.
Section 51. Specific repealer. The following Acts of the General Assembly are repealed in their entirety: an Act creating a board of commissioners of Bacon County, approved April 2, 1963 (Ga. L. 1963, p. 2665); an Act changing the compensation of the chairman of the board of commissioners, approved February 28, 1966 (Ga. L. 1966, p. 2223); an Act changing the compensation of the chairman and other members of the board of commissioners, approved March 29, 1973 (Ga. L. 1973, p. 2334); an Act changing the compensation of the chairman of the board of commissioners, approved March 23, 1977 (Ga. L. 1977, p. 3356); an Act providing for commissioner districts, approved March 29, 1983 (Ga. L. 1983, p. 4538); an Act providing for commissioner districts, approved March 21, 1984 (Ga. L. 1984, p. 4661); an Act changing the compensation of the members of the board of commissioners, approved March 31, 1987 (Ga. L. 1987, p. 5118); and an Act changing the compensation of the chairman of the board of commissioners, approved March 22, 1989 (Ga. L. 1989, p. 4158).
Section 52. Severability. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases

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of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 53. Conflicting laws repealed: All laws and parts of laws in conflict with this Act are hereby repealed.

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, by substitute, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HR 291. By Representatives McKinney of the 40th, McKinney of the 35th, Canty of the 38th, Davis of the 29th, Hightower of the 36th and others:
A resolution creating the Fulton County Study Committee on the Equitable Siting of Waste Handling Facilities.

The following Committee substitute was read and adopted:

A RESOLUTION
Creating the House Study Committee on the Equitable Siting of Waste Handling Facilities in Fulton County; and for other purposes.
WHEREAS, a study should be made of all existing and proposed waste treatment and disposal facilities in Fulton County in an effort to determine whether such facilities are sited disproportionately in communities which are predominately black and to make recommendations, if needed, which promote a more equitable siting of such facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Study Committee on the Equitable Siting of Waste Handling Facilities in Fulton County to be composed of five members of the House of Representatives whose representative districts lie within Fulton County to be appointed by the chairman of the Fulton County House delegation. The committee shall select a chairperson and a vice chairperson by vote of the members at the first meeting.
BE IT FURTHER RESOLVED that the committee shall conduct a study of the current system of siting waste treatment and disposal facilities in Fulton County. The committee shall analyze data relating to Fulton County obtained from the United States decennial census of 1990 report to determine the predominate racial composition of each residential community surrounding each such facility. In making its study, the committee may examine existing sites of waste treatment and disposal facilities and proposed new sites for facilities and such other information relative to waste facilities in Fulton County as the committee may find appropriate.
BE IT FURTHER RESOLVED that if the study indicates that waste facilities in Fulton County are sited disproportionately within predominately black communities, then the committee shall identify all those changes that should be made to promote a more equitable distribution of such facilities within the residential communities of Fulton County.
BE IT FURTHER RESOLVED that the committee may meet at such times and places as may be necessary to carry out its duties.

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BE IT FURTHER RESOLVED that Fulton County and its officials, departments, and agencies shall cooperate fully with the committee by providing such information, documents, and assistance as the committee may reasonably require in carrying out its duties under this resolution.
BE IT FURTHER RESOLVED that the committee shall make a report of its findings, conclusions, and recommendations, including any proposed legislation, to the Fulton County legislative delegation on or before December 31, 1991, at which time the committee shall stand abolished.

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, by substitute, the ayes were 110, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

SB 349. By Senators Newbill of the 56th, Ragan of the 32nd and Thompson of the 33rd:
A bill to provide for the determination of the millage rate by the governing authorities of Cobb County, any municipality wholly or partially located in Cobb County, and the school systems of Cobb County and any municipalities wholly or partially located in Cobb County; to provide for definitions; to provide for certification of taxable values and millage rates by the tax commissioner of Cobb County; to provide for the adoption of millage rate resolutions and ordinances; to provide procedures for the adoption of a millage rate; to provide for the publication of notices; to provide for the form of notices; to provide the procedure for adopting the ordinance or resolution.

The following Committee substitute was read and adopted:

A BILL
To provide for the determination of the millage rate by the governing authorities of Cobb County, any municipality wholly or partially located in Cobb County, and the school systems of Cobb County and any municipalities wholly or partially located in Cobb County; to provide for definitions; to provide for certification of taxable values and millage rates by the tax commissioner of Cobb County; to provide for the adoption of millage rate resolutions and ordinances; to provide procedures for the adoption of a millage rate; to provide for the publication of notices; to provide for the form of notices; to provide the procedure for adopting the ordinance or resolution; to provide for 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. As used in this Act, the term: (1) "Ad valorem tax" or "property tax" means a tax imposed upon the assessed
value of property. (2) "Certified tax digest" means that annual property tax digest certified by the
tax commissioner of Cobb County to the Georgia Department of Revenue and approved by the state revenue commissioner.
(3) "Governing authority" means that official or group of officials responsible for governance of a taxing jurisdiction.
(4) "Local fair share" means the amount of funds that each local school system shall be required to spend each fiscal year to support the Quality Basic Education Program pursuant to Code Section 20-2-164.

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(5) "Mill" means one one-thousandth of a United States dollar. (6) "Millage" or "millage rate" means the levy, in mills, which is established by the governing authority for purposes of financing, in whole or in part, the county's, municipalities', or school systems' expenses for their fiscal years. (7) "Roll-back rate" means the millage rate levied in the fiscal year immediately preceding the new fiscal year minus the millage equivalent of the values added by reassessment of real property certified by the chief assessor of Cobb County; provided, however, that the five mills local fair share shall be excluded from the millage rate levied in the fiscal year immediately preceding the new fiscal year for purposes of rollback and that local school systems be authorized to levy the millage required to raise the local fair share required to support the Quality Basic Education Program pursuant to Code Section 20-2-164. (8) "Taxing jurisdiction" means Cobb County, any municipality located wholly or partially in Cobb County, and the school systems of the county and any such cities. (9) "Values added by reassessments" means all taxable assessed values added to the certified tax digest as a result of revaluation of existing real property, not including taxable values added as a result of new construction or additions or deletions of structures from the most recent certified tax digest or additions or deletions in the aggregate taxable value of property other than real property.
Section 2. On or before June 1, 1992, and on or before such date each year thereafter, the chief tax assessor of Cobb County shall certify to the governing authority or provide an estimate of:
(1) The assessed taxable value of all property, by class of property and in total, which is subject to taxation for that fiscal year within the county;
(2) The assessed taxable value contained in the certified tax digest for that fiscal year which was added by reassessment of existing properties; and
(3) Instructions describing the method to compute a millage rate for the next fiscal year which, exclusive of values added by new construction, additions, deletions, and property added or deleted due to geographic boundary changes but inclusive of values added by reassessments, will provide the same ad valorem tax revenue for the taxing jurisdiction's next fiscal year as was levied during the current fiscal year; provided, however, that the millage rate for local school systems shall be computed pursuant to paragraph (7) of Section 1 of this Act.
Section 3. (a) No millage for the calendar year beginning in 1992 and any year thereafter may be levied until the governing authority adopts a resolution or ordinance which specifies the millage rate. The resolution or ordinance shall be adopted at an advertised public meeting and at a time and place which is convenient to the taxpayers of the taxing jurisdiction and shall be adopted only after the governing authority of the taxing jurisdiction has complied with the provisions of this section. Whenever the governing authority shall propose to adopt a millage rate which does not exceed the roll-back rate, it may establish its millage rate pursuant to this subsection.
(b) In those instances in which the governing authority proposes to establish any millage rate which would require increases beyond the roll-back rate, the governing authority shall advertise its intent to do so and meet again to adopt its ordinance or resolution establishing a millage rate in excess of the roll-back rate. The meeting shall be held not earlier than three weeks following the date when the proposed millage rate was determined.
(c) Not later than one week prior to final consideration of the proposed millage rate, the governing authority shall place an advertisement in a newspaper of general circulation serving the residents, which shall read as follows:
NOTICE OF PROPERTY TAX INCREASE
The (name of governing authority) has tentatively adopted a budget which requires the collection $___________in real estate property taxes. This represents an increase of ___________ percent over last year's budget.

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This increase is based upon a millage rate of ____________ mills and an (estimated) (increase/decrease) in the real estate property tax digest of _______ percent.
An average residential property with an assessed value of $100,000.00 last year will have a real estate property tax (increase/decrease) of ________ percent as compared to last year.
Due to variations in the assessment of individual properties, the percentage change in taxes on each property will depend on the change in its assessed value.
(d) The advertisement shall be prominently displayed and shall not be placed in that section of the newspaper where legal notices appear.
(e) After the final hearing, the millage rate shall be adopted. The ordinance or resolution shall specify the roll-back rate and the final millage rate.
(f) Any notice or hearing required under this section may be combined with any notice or hearing required under Article 1 of Chapter 81 of Title 36 of the O.C.G.A. Nothing in this section shall be deemed to preclude the conduct of further hearings, if the governing authority deems such hearings necessary and complies with the general notice requirements of subsections (a) and (c) of this section.
(g) A subsequent adjustment in the millage rate for the then current tax year made by the governing authority of any taxing jurisdiction to effect the adjustments required by Article 5A of Chapter 5 of Title 48 of the O.C.G.A. shall not require new advertisement and hearings as required in this section.
Section 4. Nothing contained in this Act shall serve to extend or authorize any millage rate in excess of the maximum millage rate permitted by law or to prevent the reduction of the millage rate.
Section 5. Failure of a taxing jurisdiction to comply with the requirements of this Act shall not invalidate any tax bill.
Section 6. This Act shall become effective January 1, 1992.
Section 7. All laws and parts of laws in conflict with this Act are repealed.

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, by substitute, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Lucas of the 102nd District, Chairman of the Committee on Human Relations & Aging, submitted the following report:

Mr. Speaker:
Your Committee on Human Relations & Aging has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 213 Do Pass, by Substitute
Respectfully submitted, /s/ Lucas of the 102nd
Chairman

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:

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SB 93. By Senator Johnson of the 47th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to add a new chapter authorizing and regulating orders not to resuscitate certain patients; to provide legislative findings; to provide definitions; to provide for certain presumptions; to provide for the legality of certain orders not to resuscitate.

The following Committee substitute was read:

A BILL
To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to add a new chapter authorizing and regulating orders not to resuscitate certain patients; to provide legislative findings; to provide definitions; to provide for certain presumptions; to provide for the legality of certain orders not to resuscitate; to provide for consent by a patient or certain other persons to such order not to resuscitate; to provide for procedures in the event of a change in a patient's condition; to provide for revocation of such an order; to provide for immunity from criminal and civil action for certain persons under certain circumstances; to provide that an order not to resuscitate shall not affect a policy of life insurance; to provide that no such order shall be required of any patient; to provide that no person's legal right shall be affected by this Act; to provide that a court of competent jurisdiction may authorize an order not to resuscitate under certain conditions; to provide for procedures for a physician who refuses to comply with an order not to resuscitate; 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 31 of the Official Code of Georgia Annotated, relating to health, is amended by inserting at the end thereof a new Chapter 38 to read as follows:
"CHAPTER 38
31-38-1. The General Assembly finds that although cardiopulmonary resuscitation has proved invaluable in the reversal of sudden, unexpected death, it is appropriate for an attending physician, in certain circumstances, to issue an order not to attempt cardiopulmonary resuscitation of a patient where appropriate consent or authorization has been obtained. The General Assembly further finds that there is a need to establish and clarify the rights and obligations of patients, their families or representatives, and health care providers regarding cardiopulmonary resuscitation and the issuance of orders not to resuscitate. The General Assembly further finds that, in the interest of protecting individual autonomy, cardiopulmonary resuscitation in some circumstances may cause loss of patient dignity and unnecessary pain and suffering. In recognition of the considerable uncertainty in the medical and legal professions as to the legality of implementing orders not to resuscitate, in recognition of the request of the Supreme Court of Georgia for legislative guidance in this area, and in recognition of the dignity and privacy which patients have a right to expect, the General Assembly declares that the laws of the State of Georgia shall recognize the right of patients or other authorized persons to instruct physicians and other health care personnel to refrain from cardiopulmonary resuscitation.
31-38-2. As used in this chapter, the term: (1) 'Adult' means any person who is 18 years of age or older, is the parent of a
child, or has married. (2) 'Attending physician' means the physician selected by or assigned to a patient
in a health care facility who has primary responsibility for the treatment and care of the patient. Where more than one physician share such responsibility, any such physician may act as the attending physician pursuant to this chapter.

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(3) 'Authorized person' means any one person from the following list in the order of priority as listed below:
(A) Any agent appointed pursuant to Chapter 36 of this title, the 'Durable Power of Attorney for Health Care Act';
(B) A spouse; (C) A guardian over the person appointed pursuant to the provisions of Code Section 29-5-1; (D) A son or daughter 18 years of age or older; (E) A parent; (F) A brother or sister 18 years of age or older. (4) 'Candidate for nonresuscitation' means a patient who, based on a determination to a reasonable degree of medical certainty by an attending physician with the concurrence of another physician: (A) Has a medical condition which can reasonably be expected to result in the imminent death of the patient; (B) Is in a noncognitive state and is not expected to regain cognitive status; or (C) Is a person for whom cardiopulmonary resuscitation would be medically futile in that such resuscitation will likely be unsuccessful in restoring cardiac and respiratory function or will only restore cardiac and respiratory function for a brief period of time so that the patient will likely experience repeated need for cardiopulmonary resuscitation over a short period of time. (5) 'Cardiopulmonary resuscitation' means measures to restore or support cardiac or respiratory function in the event of a cardiac or respiratory arrest. (6) 'Decision-making capacity' means the ability to understand and appreciate the nature and consequences of an order not to resuscitate, including the benefits and disadvantages of such an order, and to reach an informed decision regarding the order. (7) 'Health care facility' means an institution which is licensed as a hospital or nursing home pursuant to Article 1 of Chapter 7 of this title. (8) 'Minor' means any person who is not an adult. (9) 'Order not to resuscitate' means an order not to attempt cardiopulmonary resuscitation in the event a patient suffers cardiac or respiratory arrest, or both. (10) 'Parent' means a parent who has custody of a minor. (11) 'Patient* means a person who is receiving treatment from, or is a resident of, a health care facility as defined in this Code section. (12) 'Reasonably available' means that a person to be contacted can be contacted with diligent efforts by an attending physician, another person acting on behalf of the attending physician, or the health care facility within a reasonable period of time as determined by the attending physician.
31-38-3. (a) Every patient shall be presumed to consent to the administration of cardiopulmonary resuscitation in the event of cardiac or respiratory arrest, unless there is consent or authorization for the issuance of an order not to resuscitate.
(b) Every adult shall be presumed to have the capacity to make a decision regarding cardiopulmonary resuscitation unless determined otherwise pursuant to this Code section or pursuant to a court order. When an order not to resuscitate is requested by an adult with decision-making capacity, such order shall be presumed, unless revoked, to be the direction of such person regarding resuscitation.
(c) Nothing in this chapter shall require a health care facility to expand its existing equipment and facilities to provide cardiopulmonary resuscitation.
31-38-4. (a) It shall be lawful for the attending physician to issue an order not to resuscitate, provided that the order has been issued pursuant to the requirements of this chapter. Such an order shall be issued in writing in the patient's chart and shall be effective upon issuance.
(b) An adult person with decision-making capacity may consent orally or in writing to an order not to resuscitate and its implementation at a present or future date, regardless of that person's mental condition on such future date.
(c) The appropriate authorized person may, after being informed of the provisions of this Code section, consent orally or in writing to an order not to resuscitate for an adult

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candidate for nonresuscitation; provided, however, that such consent is based in good faith upon what such authorized person determines such candidate for nonresuscitation would have wanted had such candidate for nonresuscitation understood the circumstances under which such order is being considered.
(d) Any parent may consent orally or in writing to an order not to resuscitate for his or her minor child when such child is a candidate for nonresuscitation. If in the opinion of the attending physician the minor is of sufficient maturity to understand the nature and effect of an order not to resuscitate, then no such order shall be valid without the assent of such minor.
(e) If none of the persons specified in subsections (b), (c), and (d) of this Code section is reasonably available or competent to make a decision regarding an order not to resuscitate, an attending physician may issue an order not to resuscitate for a patient, provided that:
(1) Such physician determines, in writing in the patient's medical record, that such patient is a candidate for nonresuscitation; and
(2) An ethics committee or similar panel, as designated by the health care facility, concurs in the opinion of the attending physician and the concurring physician that the patient is a candidate for nonresuscitation. 31-38-5. (a) If the attending physician determines at any time that an order not to resuscitate issued at the request of the patient is no longer appropriate because the patient's medical condition has improved, the physician shall immediately notify the patient or, if the patient does not then have decision-making capacity, an authorized person. If such person declines to revoke his consent to the order, the physician shall promptly make reasonable efforts to arrange for the transfer of the patient to another physician.
(b) If the order not to resuscitate was entered upon the consent of a parent or authorized person and the attending physician who issued the order or, if he is unavailable, another attending physician, at any time determines that the patient no longer qualifies as a candidate for nonresuscitation, the attending physician shall immediately include such determination in the patient's chart, cancel the order, and notify the person who consented to the order and all hospital staff responsible for the patient's care of the cancellation.
(c) If an order not to resuscitate was entered upon the consent of an authorized person and the patient at any time regains decision-making capacity, the attending physician who issued the order or, if he is unavailable, another attending physician, shall immediately determine if the patient consents to the order not to resuscitate and, if the patient does not so consent, cancel the order by an appropriate entry on the record and notify all hospital staff responsible for the patient's care of the cancellation.
31-38-6. (a) A patient may, at any time, revoke his consent to an order not to resuscitate by making either a written or an oral declaration to a physician or member of the nursing staff at the health care facility where he is being treated or by any other act evidencing a specific intent to revoke such consent which is communicated to a physician or a member of the health care facility staff.
(b) Any parent or authorized person may at any time revoke his consent to an order not to resuscitate a patient by notifying a physician or member of the nursing staff at the health care facility of the revocation of consent in writing, dated and signed, or by orally notifying the attending physician in the presence of a witness 18 years of age or older.
(c) Any physician who is informed of or provided with a revocation of consent pursuant to this Code section shall immediately include the revocation in the patient's chart, cancel the order, and notify the health care facility staff responsible for the patient's care of the revocation and cancellation. Any member of the nursing staff who is informed of or provided with a revocation of consent pursuant to this Code section shall immediately notify a physician of such revocation.
31-38-7. (a) No physician, health care professional, health care facility, or person employed by, acting as the agent of, or under contract with any of the foregoing shall be subject to criminal prosecution or civil liability or be deemed to have engaged in

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unprofessional conduct for carrying out in good faith a decision regarding cardiopulmonary resuscitation authorized by this chapter by or on behalf of a patient or for those actions taken in compliance with the standards and procedures set forth in this chapter.
(b) No physician, health care professional, health care facility, or person employed by, acting as the agent of, or under contract with any of the foregoing shall be subject to criminal prosecution or civil liability or be deemed to have engaged in unprofessional conduct for providing cardiopulmonary resuscitation to a patient for whom an order not to resuscitate has been issued, provided that such physician or person:
(1) Reasonably and in good faith was unaware of the issuance of an order not to resuscitate; or
(2) Reasonably and in good faith believed that consent to the order not to resuscitate had been revoked or canceled. (c) No persons shall be civilly liable for failing or refusing in good faith to effectuate an order not to resuscitate. No person shall be subject to criminal prosecution or civil liability for consenting or declining to consent in good faith, on behalf of a patient, to the issuance of an order not to resuscitate pursuant to this chapter. (d) Any attending physician who fails or refuses to comply with an order not to resuscitate entered pursuant to this chapter shall endeavor to advise promptly the next of kin or authorized person of the patient that such physician is unwilling to effectuate the order. The attending physician shall thereafter at the election of the next of kin or authorized person:
(1) Make a good faith attempt to effect the transfer of the patient to another physician who will effectuate the order not to resuscitate; or
(2) Permit the next of kin or authorized person to obtain another physician who will effectuate the order not to resuscitate. 31-38-8. (a) No policy of life insurance shall be legally impaired, modified, or invalidated in any manner by the issuance of an order not to resuscitate notwithstanding any term of the policy to the contrary. (b) A person may not prohibit or require the issuance of an order not to resuscitate for an individual as a condition for such individual's being insured or receiving health care services. 31-38-9. (a) Nothing in this chapter shall impair or supersede any legal right or legal responsibility which any person may have to effect the withholding or withdrawal of cardiopulmonary resuscitation in any lawful manner. In such respect, the provisions of this chapter are cumulative. (b) Nothing in this chapter shall be construed to preclude a court of competent jurisdiction from approving the issuance of an order not to resuscitate under circumstances other than those under which such an order may be issued pursuant to this chapter."
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.

The following amendments were read and adopted:

Representative Dixon of the 128th moves to amend the Committee substitute to SB 93 as follows:
On Line 8, page 5, insert the following:
"(13) 'Noncognitive state' means that state which is a total and irreversible loss of conscious capacity for interaction with the environment."

Representative Thomas of the 69th moves to amend the Committee substitute to SB 93 by striking on lines 6 through 8 of page 7 the following:

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JOURNAL OF THE HOUSE,

"promptly make reasonable efforts to arrange for the transfer of the patient to another physician.",
and inserting in lieu thereof the following:
"immediately include in the patient's chart that the patient is no longer a candidate for nonresuscitation and shall immediately cancel the order and notify the person who consented to the order and all hospital staff responsible for the patient's care of the cancellation."

Representative Thomas of the 69th moves to amend the Committee substitute to SB 93 by striking all the language from line 9 of page 4 and inserting the following:
"only those measures used to restore or support cardiac or".

Representative Thomas of the 69th moves to amend the Committee substitute to SB 93 as follows:
By adding on page 5, line 15 after the word "otherwise", the following:
"in writing in the patient's medical record".

The Committee substitute, as amended, was adopted.

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, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker
Balkcom YBarfoot Y Bargeron
Barnett,B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong NBlitch N Bordeaux Y Bostick Y Branch Y Breedlove
Y Brooks Y Brown N Brush YBuck Y Buckner
NByrd Y Campbell
Canty Y Carrell Y Carter Y Chafin Y Chambless N Cheeks N Childers Y Clark,E Y Clark.H

Y Clark,L Y Coker Y Coleman
Colwell Y Connell
Y Culbreth Y Cummings,B
Cummings.M Y Davis.G N Davis.M Y Dixon.H Y Dixon,S Y Dobbs Y Dover Y Dunn
Edwards Y Elliott
Felton Y Fennel Y Floyd,J.M Y Floyd,J.W YFlynt YGodbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris,B Y Harris,J Y Heard Y Henson

Y Herbert Y Hightower
Y Holland Y Holmes Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd YLane.D Y Lane,R YLangford Y Lawrence Y Lawson YLee YLong NLord
Lucas Lupton YMann Y Martin
Y McCoy N McKelvey
McKinney,B McKinney.C Y Meadows
Y Merritt YMilam N Mills

Y Mobley N Moody Y Morsberger N Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr N Orrock Y Padgett Y Parham Y Parrish
Y Patten N Pelote Y Perry Y Pettit N Pinholster
Pinkston YPoag Y Porter YPoston Y Powell,A Y Powell.C Y Purcell Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal YSelman Y Sherrill Y Simpson Y Sinkfield
Y Skipper Y Smith,L

Y Smith.P Y Smith.T Y Smith.W Y Smyre YSnow Y Stancil.F Y Stancil,S Y Stanley Y Stephens
Streat N Taylor Y Teper Y Thomas.C Y Thomas,M
Thomas.N Y Thurmond Y Titus Y Tolbert
Townsend N Turnquest Y Twiggs
Valenti
Y Vaughan Y Walker,J Y Walker,L N Wall
YWare Y Watson Y Watts
White Y Wilder
Williams.B WilliamsJ Y Williams.R Y Yeargin Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 140, nays 18.

TUESDAY, MARCH 12, 1991

2271

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 982. By Representatives Buck of the 95th, Smyre of the 92nd, Culbreth of the 97th, Harris of the 96th, Moultrie of the 93rd and others:
A bill to repeal an Act approved March 18, 1986, which continued in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the 1982 general election (Res. Act No. 76, House Resolution No. 271, Ga. L. 1981, p. 1926) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia providing for the valuation of certain homestead property of Muscogee County for purposes of ad valorem taxation for school and consolidated city-county government purposes.

The following Senate substitute was read:

A BILL
To repeal an Act approved March 18, 1986 (Ga. L. 1986, p. 3800), which continued in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the 1982 general election (Res. Act No. 76, House Resolution No. 271, Ga. L. 1981, p. 1926) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia providing for the valuation of certain homestead property of Muscogee County for purposes of ad valorem taxation for school and consolidated citycounty government purposes; to repeal that constitutional amendment duly ratified at the 1982 general election (Res. Act No. 76, House Resolution No. 271, Ga. L. 1981, p. 1926) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia providing for the valuation of certain homestead property of Muscogee County for purposes of ad valorem taxation for school and consolidated city-county government purposes; to provide the authority for this Act; to provide for a referendum; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That Act approved March 18, 1986 (Ga. L. 1986, p. 3800), which continued in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the 1982 general election (Res. Act No. 76, House Resolution No. 271, Ga. L. 1981, p. 1926) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia providing for the valuation of certain homestead property of Muscogee County for purposes of ad valorem taxation for school and consolidated city-county government purposes is repealed in its entirety.
Section 2. That constitutional amendment duly ratified at the 1982 general election (Res. Act No. 76, House Resolution No. 271, Ga. L. 1981, p. 1926) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia providing for the valuation of certain homestead property of Muscogee County for purposes of ad valorem taxation for school and consolidated city-county government purposes and which was continued on and after July 1, 1987, as a part of the Constitution of the State of Georgia is repealed in its entirety.
Section 3. This Act is passed pursuant to Article XI, Section I, Paragraph IV(b) of the Constitution of the State of Georgia which authorizes the repeal of certain amendments to the Constitution which were continued in force and effect after July 1, 1987.

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JOURNAL OF THE HOUSE,

Section 4. As soon as is permissible and reasonably practicable under the federal Voting Rights Act of 1965, as amended, and under the general laws of this state, the election superintendent of Muscogee County shall call and conduct an election for the purpose of submitting this Act to the electors of Muscogee County and the Muscogee County School District for approval or rejection. 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 Muscogee County. The ballot shall have written or printed thereon the words:

YES ( ) NO

Shall the local constitutional amendment be repealed which provides for the assessment of certain homestead property of Muscogee County for ad valorem tax purposes so that after such repeal, homestead property in Muscogee County will be assessed for ad valorem tax purposes in the manner provided by the general laws of this state?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of Sections 1 through 3 of this Act, then Sections 1 through 3 of this Act shall become of full force and effect immediately and shall be applicable to all taxable years beginning on or after January 1 immediately following such election; otherwise this Act shall be void and of no force and effect and shall be automatically repealed upon the date the election results are certified under this section. In the event the election provided for in this section is not conducted on or before the date of the November, 1992, general election, this Act shall stand repealed in its entirety on December 31, 1992.
The expense of such election shall be borne by Muscogee County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.

Section 5. Except as otherwise provided in Section 4 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

Section 6. All laws and parts of laws in conflict with this Act are repealed.

Representative Buck of the 95th moved that the House agree to the Senate substitute to HB 982.
On the motion, the ayes were 110, nays 0.
The motion prevailed.

Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:

SB 192. By Senators Olmstead of the 26th, Taylor of the 12th and Harris of the 27th:
A bill to amend Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to state health planning, so as to abolish the Health Policy Council and create in its place the Health Strategies Council and provide for the composition and functions thereof; to provide for appointment and confirmation of members; to provide for member's terms, qualifications, removal, vacancies, and compensation; to provide for organization of the council; to provide for effective dates.

The following amendment was read and adopted:

The Committee on Health and Ecology moves to amend SB 192 by adding "and the Governor's Commission on Obstetrics" immediately preceding the semicolon on line 15 of page 6.

TUESDAY, MARCH 12, 1991

2273

An amendment, offered by Representative Chambless of the 133rd, was withdrawn.

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, as amended, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom
Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch
Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner
YByrd Y Campbell Y Canty
Carrell
Y Carter YChafm Y Chambless Y Cheeks
Y Childers Y Clark.E Y Clark,H

Y Clark,L Y Coker Y Coleman Y Colwell Y Connell
Y Culbreth Y Cummings.B
Cumrmngs.M Davis.G
Y Davis,M Y Diion.H Y Dixon.S YDobbs
Y Dover Y Dunn
Edwards
Y Elliott Felton
Y Fennel Floyd,J.M
Y FloydJ.W
YFlynt YGodbee Y Golden Y Goodwin
E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Hanner Y Harris,B Y Harris^J Y Heard Y Henson

Y Herbert Y Hightower Y Holland
Holmes Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson
Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein
YLadd YLane,D Y Lane,R Y Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas Y Lupton YMann Y Martin YMcCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt YMilam Y Mills

Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Pinkston
YPoag Y Porter YPoston Y Powell,A Y Powell.C Y Purcell YRandall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith,L

Y Smith,P Y Smith,T Y Smith.W
Y Smyre YSnow
Y Stancil.F Y Stancil,S Y Stanley Y Stephens
Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas,N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y WalkerJ
Y Walker,L Y Wall YWare
Y Watson Y Watts
White Y Wilder
Williams.B WilliamsJ Y Williams,R Y Yeargin Murphy,Spkr

On the passage of the Bill, as amended, the ayes were 161, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

SB 230. By Senators Pollard of the 24th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to offenses involving theft, so as to enact the "Motor Vehicle Chop Shop and Stolen and Altered Property Act"; to provide for a short title; to provide for legislative intent; to provide for definitions; to provide for offenses and penalties.

The report of the Committee, which was favorable to the passage of the Bill, was to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken

Y Alford Y Atkins Y Baker

Y Balkcom Y Barfoot Y Bargeron

Y Barnett,B Y Barnett,M
Y Bates

Y Beatty Y Benefield Y Birdsong

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JOURNAL OF THE HOUSE,

Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner
YByrd Y Campbell
Canty Y Carrell
Y Carter YChafin Y Chambless
Y Cheeks Y Childers Y Clark.E Y Clark.H
Clark,L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B
Cummings,M
Davis.G Y Davis,M
Y Dixon,H Y Dixon,S

YDobbs Y Dover
Dunn Edwards Y Elliott Y Felton Y Fennel Y FloydJ.M Y Floyd,J.W YFlynt God bee Y Golden YGoodwin E Green Y Greene Y Griffin Y Groover Y Hamilton
Y Hammond Y Hanner Y Harris,B Y Harris.J Y Heard Y Henson Y Herbert Y Hightower Y Holland
Holmes
Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson

Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane,D
Lane,R Y Langford Y Lawrence Y Lawson YLee YLong YLord
Lucas Y Lupton YMann Y Martin YMcCoy Y McKelvey
McKinney,B McKinney.C Y Meadows Y Merritt YMilam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C

Y Oliver.M YOrr Y Orrock Y Padgett YParham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston
YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell
Randall Ray Y Reaves Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith,L Y Smith,P Y Smith.T Y Smith,W

On the passage of the Bill, the ayes were 157, nays 0. The Bill, having received the requisite constitutional majority, was

Y Smyre YSnow Y Stancil,F Y Stancil,S Y Stanley Y Stephens
Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N
Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall Y Ware Y Watson Y Watts
Y White Wilder Williams,B Williams,J
Y Williams.R Y Yeargin
Murphy,Spkr

Representative Watson of the 114th District, Chairman of the Committee on Industry, submitted the following report:

Mr. Speaker:
Your Committee on Industry has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 197 Do Pass, by Substitute
Respectfully submitted, Is,/ Watson of the 114th
Chairman

The Speaker Pro Tern assumed the Chair.

Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the Senate were taken up for consideration and read the third time:

SR 32. By Senator Kidd of the 25th:
A resolution recognizing the month of May, 1991, as "Motorcycle Awareness and You Month" in Georgia.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

TUESDAY, MARCH 12, 1991

2275

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom YBarfoot Y Bargeron
Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch
Bordeaux Y Bostick Y Branch Y Breedlove
Y Brooks Y Brown Y Brush
YBuck Y Buckner YByrd Y Campbell
Canty Y Carrell Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark,H

Clark,L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B
Cummings,M Davis,G Y Davis.M Y Dixon.H Y Dim,S YDobbs Y Dover YDunn Y Edwards Y EUiott Felton Y Fennel Y Floyd,J.M Y FloydJ.W YFlynt
God bee Y Golden Y Goodwin E Green Y Greene
Y Griffin Groover
Y Hamilton Y Hammond Y Hanner Y Harris,B Y Harris,J
Y Heard Y Henson

Y Herbert Y Hightower
Y Holland Holmes
Y Howard
Y Hudson Ylrwin
Y Jackson Y Jamieson
Jenkins Y Jones
Y Kilgore King
Y Kingston Y Klein YLadd Y Lane,D YLane,R Y Langford Y Lawrence Y Lawson YLee YLong YLord
Lucas Y Lupton YMann Y Martin YMcCoy Y McKelvey
McKinney,B McKinney.C Y Meadows Y Merritt YMilam Y Mills

Y Mobley
Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y 01iver,M YOrr Y Orrock
Y Padgett YParham Y Parrish Y Patten
Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter
Poston Y Powell,A Y Powell.C Y Purcell
Randall
Ray Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson
Y Sinkfleld Skipper
Y Smith.L

Y Smith,P Y Smith.T Y Smith.W YSmyre YSnow
Y Stancil.F Y Stancil.S
Stanley Y Stephens
Streat Y Taylor YTeper Y Thomas,C Y Thomas.M Y Thomas.N
Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J
Walker.L YWall Y Ware Y Watson Y Watts Y White Y Wilder
Williams.B Williams,J Y Williams,R Y Yeargin Murphy ,Spkr

On the adoption of the Resolution, the ayes were 149, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

Representative Stanley of the 33rd stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

SB 102. By Senators Dawkins of the 45th, Taylor of the 12th, Robinson of the 16th and others:
A bill to amend Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to general matters relating to the Environmental Protection Division of the Department of Natural Resources, so as to provide for the appointment and removal of the director of such division; to create an Environmental Advisory Council; to provide for the composition of such council.

The following substitute, offered by Representative Byrd of the 153rd, was read and adopted:

A BILL
To amend Code Section 12-2-1 of the Official Code of Georgia Annotated, relating to the creation of the Department of Natural Resources and the commissioner of natural resources, so as to change the provisions relating to petitions for judicial review of a final order of the Board of Natural Resources; to amend Code Section 27-1-5 of the Official

2276

JOURNAL OF THE HOUSE,

Code of Georgia Annotated, relating to the applicability of the Georgia Administrative Procedure Act to rules and regulations promulgated by the Board of Natural Resources, so as to change the provisions relating to petitions for judicial review of a final order of the Board of Natural Resources; 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. Code Section 12-2-1 of the Official Code of Georgia Annotated, relating to the creation of the Department of Natural Resources and the commissioner of natural resources, is amended by striking subsection (c) in its entirety and substituting in lieu thereof a new subsection (c) to read as follows:
"(c) Notwithstanding any other law to the contrary, when a petition for judicial review of a final decision of the Board of Natural Resources in any matter arising under this title is filed pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' if the superior court in which the petition for review is filed docketed does not hear the case within 96 180 days from the date the petition for review is fifed docketed with the clerk of the superior court, the final decision of the board shall be considered affirmed by operation of law unless the date for a hearing originally scheduled to be heard within the 90 180 days has been continued to a date certain by order of the court. In the event a hearing is held later than 96 180 days after the date the petition for review is filed docketed with the clerk of the superior court because the date for a hearing originally scheduled to be heard within the 96 180 days has been continued to a date certain by order of the court, the final decision of the board shall be considered affirmed by operation of law if no order of the court disposing of the issues presented for review has been entered within 36 90 days after the date of the continued hearing. If a case is heard within 96 180 days from the date the petition for review is fifed docketed, the final decision of the board shall be considered affirmed by operation of law if no order of the court dispositive of the issues presented for review has been entered within 36 90 days of the date of the hearing. For the purposes of this subsection, a petition for review shall be considered as docketed when the record that has been transmitted from the board is received by the clerk of the superior court, provided that a copy of the petition for judicial review was filed with the board's administrative hearing clerk no later than the same day as the date of filing with the clerk of the superior court. If a copy of the petition for judicial review was not so filed with the board's administrative hearing clerk, a petition for judicial review shall be considered docketed upon its filing with the clerk of the superior court."
Section 2. Code Section 27-1-5 of the Official Code of Georgia Annotated, relating to the applicability of the Georgia Administrative Procedure Act to rules and regulations promulgated by the Board of Natural Resources, is amended by striking subsection (b) in its entirety and substituting in lieu thereof a new subsection (b) to read as follows:
"(b) Notwithstanding any other law to the contrary, when a petition for judicial review of a final decision of the board in any matter arising under this title is filed pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' if the superior court in which the petition for review is filed docketed does not hear the case within 96 180 days from the date the petition for review is fifed docketed with the clerk of the superior court, the final decision of the board shall be considered affirmed by operation of law unless the date for a hearing originally scheduled to be heard within the 96 180 days has been continued to a date certain by order of the court. In the event a hearing is held later than 96 180 days after the date the petition for review is fifed docketed with the clerk of the superior court because the date for a hearing originally scheduled to be heard within the 99 180 days has been continued to a date certain by order of the court, the final decision of the board shall be considered affirmed by operation of law if no order of the court disposing of the issues presented for review has been entered within 36 90 days after the date of the continued hearing. If a case is heard within 96 180 days from the date the petition for review is filed docketed, the final decision of the board shall be considered affirmed by operation of law if no order of the court

TUESDAY, MARCH 12, 1991

2277

dispositive of the issues presented for review has been entered within 36 90 days of the date of the hearing. For the purposes of this subsection, a petition for review shall be considered as docketed when the record that has been transmitted from the board is received by the clerk of the superior court, provided that a copy of the petition for judicial review was filed with the board's administrative hearing clerk no later than the same day as the date of filing with the clerk of the superior court. If a copy of the petition for judicial review was not so filed with the board's administrative hearing clerk, a petition for judicial review shall be considered docketed upon its filing with the clerk of the superior court."
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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Abernathy
Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom
Y Barfoot Y Bargeron
Barnett,B Y Barnett.M Y Bates
Y Beatty Y Benefield Y Birdsong Y Blitch
Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown
Brush
YBuck Y Buckner
YByrd Y Campbell
Canty Y Carrell Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.B Y Clark.H

Y Clark.L Y Coker
Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B
Cumming8,M Davis,G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd.J.W Y Flynt Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Groover Y Hamilton Y Hammond Y Hanner Y Harris.B Y Harris.J Y Heard Y Henson

Y Herbert Y Hightower Y Holland Y Holmes
Howard Y Hudson Ylrwin Y Jackson Y Jamieson
Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein
YLadd YLane.D Y Lane,R Y Langford Y Lawrence Y Lawson
YLee YLong YLord
Lucas Y Lupton
YMann Y Martin Y McCoy Y McKelvey
McKinney.B McKinney.C Y Meadows Y Merritt YMilam Y Mills

Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett YParham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell
Randall
Ray Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield
Skipper
Y Smith.L

Y Smith.P Y Smith.T Y Smith.W Y Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Stephens
Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.M
Thurmond
Y Titus Y Tolbert
Y Townsend Turnquest
Y Twiggs Y Vaienti Y Vaughan Y Walker,J Y Walker.L Y Wall
Ware Y Watson Y Watts
White Wilder Y Williams.B Williams,J Y Williams.R Yeargin Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 152, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

SB 323. By Senator Dawkins of the 45th:
A bill to amend Article 2 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to administration of the laws relating to workers' compensation, so as to provide for the appointment of senior administrative law judges for the State Board of Workers' Compensation; to provide for the qualifications, service, allowances, and expenses of senior administrative law judges.

2278

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom
YBarfoot Bargeron Barnett.B
Y Bamett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Chafm Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.H

Y Clark,L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B
Cummings.M Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S
YDobbs Y Dover
Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y FloydJ.M Y Floyd,J.W YFlynt
Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin
Groover
Y Hamilton Y Hammond Y Manner Y Harris,B Y Harris,J Y Heard Y Henson

Y Herbert Y Hightower Y Holland
Holmes Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins
Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd YLane,D Y Lane,R Y Langford Y Lawrence Y Lawson YLee YLong YLord
Lucas Y Lupton YMann Y Martin
McCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Merritt YMilam Y Mills

Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y 01iver,M YOrr Y Orrock Y Padgett YParham
Y Parrish Patten
Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell.C
Y Purcell Randall
YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield
Skipper Y Smith,L

Y Smith,P
Y Smith.T Smith,W
YSmyre YSnow Y Stancil,F
Y Stancil.S Y Stanley
Stephens
Streat Y Taylor Y Teper
Thomas.C Y Thomas,M Y Thomas.N
Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall
Ware Y Watson Y Watts Y White Y Wilder
Williams,B Williams,J Y Williams,R
Y Yeargin Murphy,Spkr

On the passage of the Bill, the ayes were 154, nays 0. The Bill, having received the requisite constitutional majority, was passed.

SB 272. By Senators Gillis of the 20th, Robinson of the 16th and Hooks of the 14th:
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 authorize the establishment and operation of programs of volunteer services to the department to facilitate, amplify, or supplement the objectives and functions of the department.

The following Committee substitute was read and adopted:

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 authorize the establishment and operation, on publicly owned or operated and not privately owned or operated lands and property, of programs of volunteer services to the department to facilitate, amplify, or supplement the objectives and functions of the department; to provide for the reimbursement to volunteers of incidental expenses and the payment of premiums for certain insurance, bonds, and workers' compensation coverage; to provide that such volunteers shall not be covered by the regulations and benefits of state employment except as to liability insurance, workers' compensation insurance, and

TUESDAY, MARCH 12, 1991

2279

fidelity bond coverage; to provide that the establishment and operation of such programs shall not affect appropriations to the department; to amend Code Section 34-9-1 of the Official Code of Georgia Annotated, relating to definitions applicable to workers' compensation, so as to change a certain definition; 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 2 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions applicable to the Department of Natural Resources, is amended by striking in its entirety Code Section 12-2-6 relating to powers and duties of the Department of Natural Resources, and substituting in lieu thereof a new Code Section 12-2-6, to read as follows:
"12-2-6. (a) In carrying out its objects objectives, the department is authorized to arrange for and accept such aid and cooperation from the several United States governmental bureaus and departments and from such other sources as may lend assistance.
(b) (1) The commissioner is authorized to adopt, without regard to the State Merit System of Personnel Administration, laws, rules, or regulations providing for the services of individuals without compensation as volunteers for or in aid of environmental protection, coastal resources, interpretive functions, hunter safety instruction, visitor services, and conservation measures and development and any other activities in and related to the objects, powers, duties, and responsibilities of the department.
(2) The commissioner is authorized to provide for reimbursement to volunteers of incidental expenses, such as transportation, uniforms, lodging, and subsistence. The commissioner is also authorized to provide general liability coverage, fidelity bond coverage, and workers' compensation for such volunteers while they are rendering service to or on behalf of the department.
(3) Except as otherwise provided in this Code section, a volunteer shall not be deemed to be a state employee and shall not be subject to the provisions of law relating to state employment, including without limitation those relating to hours of work, rates of compensation, leave, unemployment compensation, and state employee benefits.
(4) Volunteers performing work under the terms of this Code section may be authorized by the department to operate state owned vehicles. They may also be treated as employees of the state for the purposes of inclusion in any automobile liability insurance or self-insurance, general liability insurance or self-insurance, or fidelity bond coverage provided by the department for its employees while operating state owned vehicles.
(5) No volunteer shall be assigned to any position presently filled or authorized in the department.
(6) No volunteer shall be authorized or allowed to enter privately owned or operated lands, facilities, or properties without the express prior written permission of the owner or operator of such privately owned or operated lands, facilities, or properties; provided, however, such prohibition shall not apply to lands, facilities, or properties leased to the State of Georgia. (c) The department shall have the power and authority to create, establish, and operate a program or programs to facilitate, amplify, or supplement the objectives and functions of the department through the use of volunteer services, including, but not limited to, the recruitment, training, and use of volunteers; provided, however, that there shall be no budgetary supplantation of existing or future programs or appropriations as a result of the establishment and operation of such program or programs. (d) The department is directed to cooperate with and coordinate its work with the work of each department of the federal government dealing with the same subject matters dealt with by the Department of Natural Resources. The department is authorized to cooperate with the counties of the state in any surveys to ascertain the natural resources of the counties. The department is also authorized to cooperate with the governing bodies of municipalities and boards of trade and other local civic organizations

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JOURNAL OF THE HOUSE,

in examining and locating water supplies and in giving advice concerning, and in recommending plans for, other municipal improvements and enterprises. Such cooperation is to be conducted upon such terms as the department may direct."
Section 2. Code Section 34-9-1 of the Official Code of Georgia Annotated, relating to definitions applicable to workers' compensation, is amended by striking in its entirety paragraph (2) and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) 'Employee' means every person in the service of another under any contract of hire or apprenticeship, written or implied, except a person whose employment is not in the usual course of the trade, business, occupation, or profession of the employer; and, except as otherwise provided in this chapter, minors are included even though working in violation of any child labor law or other similar statute; provided, however, that nothing contained in this chapter shall be construed as repealing or altering any such law or statute. Any reference to any employee who has been injured shall, if the employee dies, include his legal representatives, dependents, and other persons to whom compensation may be payable pursuant to this chapter. All firemen, policemen, and personnel of emergency management or civil defense agencies, emergency medical services, and rescue organizations whose compensation is paid by the state or any county or municipality, regardless of the method of appointment, and all full-time county employees and employees of elected salaried county officials are specifically included in this definition. All volunteers assisting the Department of Natural Resources pursuant to Code Section 12-2-6 are specifically included in this definition. There shall also be included within such term any volunteer firefighter of any county or municipality of this state, but only for volunteer fire-fighting services rendered to such county or municipality and only if the governing authority of the county or municipality for which such services are rendered shall provide by appropriate resolution for inclusion of such volunteer firefighters; any volunteer law enforcement personnel of any county or municipality of this state who are certified by the Georgia Peace Officer Standards and Training Council, but only for volunteer law enforcement services rendered to such county or municipality and only if the governing authority of the county or municipality for which such services are rendered shall provide by appropriate resolution for inclusion of such volunteer law enforcement personnel; any person who is a volunteer member or worker of an emergency management or civil defense organization, emergency medical service, or rescue organization, whether governmental or not, of any county or municipality of this state but only for volunteer services, which are not prohibited by Code Section 38-3-36, rendered to such county or municipality and only if the governing authority of the county or municipality for which such services are rendered shall provide by appropriate resolution for inclusion of such volunteer members or workers; and any person certified by the Department of Human Resources or the Composite State Board of Medical Examiners and registered with any county or municipality of this state as a medical first responder, but only for first responder services rendered to such county or municipality and only if the governing authority of the county or municipality for which such services are rendered shall provide by appropriate resolution for inclusion of such responders. The various elected county officers and elected members of the governing authority of an individual county shall also be included in this definition, if the governing authority of said county shall provide therefor by appropriate resolution. For the purposes of workers' compensation coverage, employees of county and district health agencies established under Chapter 3 of Title 31 are deemed and shall be considered employees of the State of Georgia. For the purpose of workers' compensation coverage, members of the Georgia National Guard serving on state active duty pursuant to an order by the Governor are deemed and shall be considered to be employees of this state. A person shall be an independent contractor and not an employee if such person has a written contract as an independent contractor and if such person buys a product and resells it, receiving no other compensation, or provides an agricultural service or such person otherwise qualifies as an independent contractor. Notwithstanding the foregoing provisions of this paragraph, any officer of a corporation may elect to be exempt from coverage under this chapter by filing written certification of such election with the insurer or, if there is no insurer, the State Board of Workers' Compensation as provided in Code Section 34-9-2.1 of this article."

TUESDAY, MARCH 12, 1991

2281

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.

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, by substitute, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom YBarfoot Y Bargeron
Barnett,B Y Barnett,M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush
YBuck Y Buckner
YByrd Y Campbell
Canty Y Carrell Y Carter Y Chafin
Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark,H

Y Clark.L Y Coker
Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B
Cummings tM Davis.G Y Davis.M Y Dixon,H Y Dixon,S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W YFlynt
Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin
Groover Y Hamilton Y Hammond
Manner Y Harris,B Y Harris,J Y Heard Y Henson

Y Herbert Y Hightower Y Holland Y Holmes Y Howard
Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson YLee YLong YLord
Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney.B McKinney.C Y Meadows Y Merritt Y Milam Y Mills

Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter Y Postal Y Powell,A Y Powell,C Y Purcell
Randall
YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill
Y Simpson Sinkfield
Y Skipper Y Smith,L

Y Smith.P Y Smith.T
Smith,W YSmyre YSnow Y Stancil.F Y Stancil,S
Stanley
Y Stephens Streat
Y Taylor Y Teper
Thomas.C Y Thomas.M Y Thomas.N
Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall Y Ware Y Watson Y Watts Y White Y Wilder
Williams.B Williams.J Y Williams,R Y Yeargin Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 154, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

SB 370. By Senators Deal of the 49th and Kidd of the 25th:
A bill to amend Code Section 35-6A-3 of the Official Code of Georgia Annotated, relating to membership of the Criminal Justice Coordinating Council, so as to change the membership of the council; to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, so as to create the Georgia Commission on Juvenile Justice as a successor to the Juvenile Justice Coordinating Council and the Commission on Children and Youth.

The following Committee substitute was read:

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JOURNAL OF THE HOUSE,

A BILL
To amend Code Section 35-6A-3 of the Official Code of Georgia Annotated, relating to membership of the Criminal Justice Coordinating Council, so as to change the membership of the council; to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, so as to create the Children and Youth Coordinating Council as a successor to the Juvenile Justice Coordinating Council and the Commission on Children and Youth; to provide for legislative intent and change the provisions relating thereto; to change certain definitions; to provide for the membership, chairman, qualifications, appointment, terms, powers, and duties of the Children and Youth Coordinating Council; to provide for vacancies; to provide for expense allowances and expenses of members; to provide for officers and bylaws; to provide for an executive director and personnel of the council and their powers, duties, and authority; to provide for the powers and duties of the council; to provide for the assignment of the commission for administrative purposes; to provide for the legislative policy and intent; to change the provisions relating to implementation of Part 2 of Article 6 of Chapter 5 of Title 49; to change the provisions relating to the purchase of care or services from public or private agencies; to change the provisions relating to annual reports; to change the provisions relating to the study of youth needs; to change the provisions relating to recipient entities for federal grants; to change the provisions relating to pilot projects, strategic planning, and comprehensive reform; to change the references to the Juvenile Justice Coordinating Council and the Commission on Children and Youth; to repeal Article 7 of Chapter 5 of Title 49, relating to the Commission on Children and Youth; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 35-6A-3 of the Official Code of Georgia Annotated, relating to membership of the Criminal Justice Coordinating Council, is amended by striking paragraph (1) of subsection (a) of said Code section and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) The chairman of the Georgia Peace Officer Standards and Training Council, the chairman of the Georgia Organized Crime Prevention Council, the chairman of the Judicial Council of Georgia, the chairman of the Prosecuting Attorneys' Council, the commissioner of corrections, the chairman of the Board of Corrections, the vice-chairman of the Board of Public Safety, the chairman of the State Board of Pardons and Paroles, the State School Superintendent, the commissioner of community affairs, the president of the Council of Juvenile Court Judges, the chairman of the Juvenile Juaticc Coordinating Council Children and Youth Coordinating Council, and the director of the Division of Youth Services of the Department of Human Resources or their designees shall be ex officio members of the council, as full voting members of the council by reason of their office;".
Section 2. Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, is amended by striking Code Section 49-5-130, relating to legislative intent, which reads as follows:
"49-5-130. The General Assembly declares its intent to reduce the number of children committed by the courts for delinquent acts to institutions operated by the Division of Youth Services of the Department of Human Resources or other state agencies. The intent of this article is to provide for the effective coordination of the state's juvenile justice system and in particular to provide a comprehensive plan for the development of community-based alternatives so that children who have committed delinquent acts may not have to be committed to a state detention facility. Additionally, it is the intent of this article to provide noninstitutional disposition options in any case before the juvenile court where such disposition is deemed to be in the best interest of the child and the community.", and inserting in lieu thereof a new Code Section 49-5-130 to read as follows:
"49-5-130. The General Assembly finds that appropriate services to children and youth are vitally important for the future of this state. The intent of this article is to

TUESDAY, MARCH 12, 1991

2283

provide for the effective coordination and communication between providers of children and youth services and juvenile justice systems at all levels of state government. The General Assembly further declares its intent to reduce the number of children committed by the courts for delinquent acts to institutions operated by the Division of Youth Services of the Department of Human Resources or other state agencies; and, in particular, to provide a comprehensive plan for the development of community based alternatives so that children who have committed delinquent acts may not have to be committed to a state detention facility. Additionally, it is the intent of this article to provide for noninstitutional disposition options in any case before the juvenile court where such disposition is deemed to be in the best interest of the child and of the community."
Section 3. Said chapter is further amended by striking Code Section 49-5-131, relating to definitions, and inserting in lieu thereof a new Code Section 49-5-131 to read as follows:
"49-5-131. As used in this article, the term: (1) 'Council' means the Juvenile Justice Coordinating Council Children and Youth
Coordinating Council created pursuant to Code Section 49-5-132. (2) 'Delinquent act' means an act defined in paragraph (6) of Code Section
15-11-2; provided, however, that such term shall not include a 'designated felony act' as such term is defined in paragraph (2) of subsection (a) of Code Section 15-11-37.
(3) 'Director' means the executive director of the Juvenile Justice Coordinating Council Children and Youth Coordinating Council."
Section 4. Said chapter is further amended by striking Code Section 49-5-132, relating to the Juvenile Justice Coordinating Council, and inserting in lieu thereof a new Code Section 49-5-132 to read as follows:
"49-5-132. (a) There is created the Juvenile Justice Coordinating Council Children and Youth Coordinating Council which shall consist of 21 23 members as feHews; who have training, experience, or special knowledge concerning the prevention and treatment of juvenile delinquency, law enforcement, pediatrics, health care, drug treatment and rehabilitation, primary education, or the administration of juvenile justice. The council shall have one member who represents business groups or businesses who employ youth. At least one-fifth of the members shall be under the age of 24 at the time of their appointment and at least three members shall have been or shall currently be under the jurisdiction of the juvenile justice system. A majority of the members, including the chairman, shall not be full-time employees of federal, state, or local governments. At least one member of the council shall reside in each congressional district in this state. Twenty-one members including the chairman shall be appointed by the Governor, one member shall be appointed bj; the President of the Senate, and one member shall be appointed by the Speaker of the House of Representatives. The terms of all members of the Juvenile Justice Coordinating Council in office prior to July l 1991, shall expire on such date. Successors to such members shall be appointed as members of the Children and Youth Coordinating Council for terms of office beginning on July 1^ 1991. Ten members appointed by the Governor shall have initial terms of two years and Hof such members shall have initial terms of four years. The members appointed by the President of the Senate and the Speaker of the House of Representatives shall have initial terms of four years. Thereafter, the terms of all members shall be for four years and until their successors are appointed and qualified.
fl) A representative designated by the presiding jadge ef- the Council ef- Juvenile Court Judges, a representative designated by the Chief Justice ef- the Supreme Court ef- Georgia, a representative designated by the chairman ef the Prosecuting Attorneys' Council, a representative designated by the chairman ef the Criminal Justice CoordiR&vHig oouncii) duel me director r trie trivision &t i outii &CFVICCS sntftii oc ntcmDCrs

{2) One member shall be appointed by the Lieutenant Governor, ene member flppointcci oy tnc bpcftKcr or tnc riousc, &nu two menu DCPS 9iiB.il D Appointed oy

2284

JOURNAL OF THE HOUSE,

fr tcKune ofitUi rf\jmrnctitut nc ff~tT*rv>tnrrct ftj\rf fw~\tf*/rr\rgrriiaaj- cntritiiui ttVinif>e jL"nCIi"IIiI fo\rf cnnnrv\n\i 9~zf in1-c-.s..c-
members shaH be faed by tine officer making the appointment; and {3) Twelve members shati be appointed by the Governor for- terms ef- four yearsr
witii tficir initicti Appointments^ nowever, DCIH lour iov IOUF yectf Berots, tour top three year terms; and fear far two-year terms: These appointments shaH be made se
law enforcement community, teeaJ elected officials, three individuals wider 24 years ef age at the time ef- appointment whe have previously been under fee juriodictio juvenile justice systej&j fitnd intdividuftis ITOIA pnvflte DU9mess fltid flcivocscy Herts whe have an interest i juvenile delinquency, its prevention, and community based alternatives, selected te provide a balanced perspective. (b) All appointments to the council shall become effective on October -, 1087 July I. In the event of death, resignation, disqualification, or removal for any reason of any member of the council, the vacancy shall be filled in the same manner as the original appointment and the successor shall serve for the unexpired term. (c) Membership on the council does not constitute public office and no member shall be disqualified from holding public office by reason of his membership on the council. (d) Members of the council shall serve without compensation, except that each member who is not a state officer or state employee shall receive the same expense allowance per day as that received by a member of the General Assembly for each day such member of the council is in attendance at a meeting of such council, plus either reimbursement for actual transportation costs while traveling by public carrier or the same mileage allowance for use of a personal car in connection with such attendance as members of the General Assembly receive. (e) The council shall elect its own officers and make such bylaws for its operation as may be necessary or appropriate."
Section 5. Said chapter is further amended by striking Code Section 49-5-133, relating to the executive director of the Juvenile Justice Coordinating Council, and inserting in lieu thereof a new Code Section 49-5-133 to read as follows:
"49-5-133. (a) There shall be an executive director of the Juvenile Justice CoordiRating Council Children and Youth Coordinating Council who shall be appointed by and serve at the pleasure of the council Governor.
(b) The director may contract with other agencies, public or private, or persons as the director deems necessary for the rendering and affording of such services, facilities, studies, research, and reports to the council as will best assist it to carry out its duties and responsibilities.
(c) The director may employ such other professional, technical, and clerical personnel as deemed necessary to carry out the purposes of this article."
Section 6. Said chapter is further amended by striking Code Section 49-5-134, relating to powers and duties of the Juvenile Justice Coordinating Council, and inserting in lieu thereof a new Code Section 49-5-134 to read as follows:
"49-5-134. (a) The council is vested with the following functions and authority: (1) To carry out the delinquency prevention and community-baaed community
based service programs provided for in Part 2 of this article; (2) To cooperate with and secure cooperation of every department, agency, or
instrumentality in the state government or its political subdivisions in the furtherance of the purposes of this article;
(3) To prepare, publish, and disseminate fundamental juvenile justice information of a descriptive and analytical nature to all components of the juvenile justice system of this state;
(4) To serve as a state-wide clearinghouse clearing-house for juvenile justice information and research;
(5) In coordination and cooperation with all components of the juvenile justice system of this state, to develop juvenile justice legislative proposals and executive policy proposals reflective of the priorities of the entire juvenile justice system of this state;

TUESDAY, MARCH 12, 1991

2285

(6) To serve in an advisory capacity to the Governor on issues impacting the juvenile justice system of this state;
(7) To coordinate high visibility juvenile justice research projects and studies with a state-wide impact, which studies and projects cross traditional system component lines;
(8) To provide for the interaction, communication, and coordination of all components of the juvenile justice system of the state and to provide assistance in establishing state-wide goals and standards in the system;
(9) To provide for the effective coordination and communication between providers of children and youth services, including pediatrics, health, mental health, business and industry, and all components of the social services, education, and educational services;
(10) To encourage and facilitate the establishment of local commissions on children and youth and to facilitate the involvement of communities in providing services for their children and youth;
{9} (11) To administer federal assistance funds ander the Juvenile Justice ad Delinquency Prevention Act; and for the purposes mentioned in this subsection, including but not limited to funds under the Juvenile Justice and Delinquency Prevention Act;
(12) To review and develop an integrated state plan for services provided to children and youth in this state through state programs;
(13) To provide technical assistance and consultation to members of the council and local governments, particularly those involved in providing services to their children and youth;
(14) To facilitate elimination of unnecessary or duplicative efforts, programs, and services; and
4W) (15) To do any and all things necessary and proper to enable it to perform wholly and adequately its duties and to exercise the authority granted to it. (b) Notwithstanding any provision in this article to the contrary, the council shall not exercise any power, undertake any duty, or perform any function assigned by law to the Governor, the Attorney General, or any of the prosecuting or investigatory agencies at the state or local level."
Section 7. Said chapter is further amended by striking Code Section 49-5-135, relating to assignment of the council for administrative purposes, and inserting in lieu thereof a new Code Section 49-5-135 to read as follows:
"49-5-135. (a) The council shall be assigned to the Office of Planning and Budget for administrative purposes only, as described in Code Section 50-4-3. The council shall operate in conjunction with and in cooperation with the operations of the Criminal Justice Coordinating Council.
(b) The council shall prepare a budget request in the same manner as any such request would be prepared by a budget unit in accordance with Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act,' and a separate appropriation shall be provided for the council in the General Appropriations Act. The council is authorized to accept and use gifts, grants, and donations for the purpose of carrying out this article. The council is also authorized to accept and use property, both real and personal, and services; for the purpose of carrying out this article. Any funds, property, or services received as gifts, grants, or donations shall be kept separate and apart from any funds received by the Office of Planning and Budget; and such funds, property, or services so received by gifts, grants, or donations shall be the property and funds of the council and, as such, shall not lapse at the end of each fiscal year but shall remain under the control of and subject to the direction of the council to carry out this article."
Section 8. Said chapter is further amended by striking Code Section 49-5-150, relating to legislative policy and intent, and inserting in lieu thereof a new Code Section 49-5-150 to read as follows:
"49-5-150. The policy and intent of the General Assembly in delinquency prevention and community-based community based services can be summarized as follows:

2286

JOURNAL OF THE HOUSE,

(1) Such programs should be planned and organized at the community level within the state, and such planning efforts should include appropriate representation from local government, local agencies serving families and children, both public and private, local business leaders, citizens with an interest in youth problems, youth representatives, and others as may be appropriate in a particular community. The role of the state should be to provide technical assistance, access to funding, program information, and assistance to local leadership in appropriate planning;
(2) When a child is adjudicated to be within the jurisdiction of the juvenile court, such child should be carefully evaluated through the available community-level resources including mental health services, social services, public health and other available medical services, public schools, and others, as appropriate, prior to the juvenile hearing dealing with disposition so that the disposition of the court may be made with an understanding of the needs of the child and after consideration of the resources available to meet those needs;
(3) It is contrary to the policy of the state for a court to separate a child from his or her own family or commit a child to an institution without a careful evaluation of the needs of the child;
(4) The General Assembly finds that state and local government should be responsive to the need for community-baaed community based services which would provide an alternative to commitment to an institution. The General Assembly intends that state government should be responsive to this need through the council by helping public and private local groups to plan, develop, and fund community-baaed community based programs, both residential and nonresidential;
(5) It is the intent of the General Assembly that the council develop a funding mechanism that will provide state support for programs that meet the standards developed under the provisions of this part."
Section 9. Said chapter is further amended by striking Code Section 49-5-151, relating to implementation of Part 2 of Article 6 of Chapter 5 of Title 49, and inserting in lieu thereof a new Code Section 49-5-151 to read as follows:
"49-5-151. It shall be the duty of the council to arrange for the implementation of this part as follows:
(1) To assist local governments and private service agencies in the development of community baaed community based programs and to provide information on the availability of potential funding sources and to provide whatever assistance may be requested in making application for needed funding;
(2) To approve yearly program evaluations and to make recommendations to the General Assembly concerning continuation funding that might be supported by that evaluation;
(3) To approve program evaluation standards by which all programs developed under the provisions of this part may be objectively evaluated. Such standards as may be developed for the purpose of program evaluation shall be in addition to any current standards as may be applicable under the existing authority of the department. Minimum operating standards as well as program evaluation standards as may be needed for new program models designed to fulfill the intent of this part may be developed at the discretion of the council;
(4) To develop a formula for funding on a matching basis community-based community based services as provided for in this part. This formula shall may be based upon a county's or counties' relative ability to fund community-baaed community based programs for juveniles. Local governments receiving state matching funds for programs under the provisions of this part must maintain the same overall level of effort that existed at the time of the filing of the county assessment of youth needs with the council;
(5) To provide yearly program evaluation of the effectiveness of delinquency prevention programs and community-based community based services developed or supported under provisions of this part;
(6) To develop a program to coordinate the resources of state government within the appropriate departments to provide technical assistance to local areas within the

TUESDAY, MARCH 12, 1991

2287

state to assist them in planning delinquency prevention programs and communitybaaed community based services for youth, including but not limited to the following:
(A) Study local youth needs; (B) Gather data on children within the jurisdiction of the juvenile court; (C) Evaluate resources for providing services or care to these children; (D) Provide information about various program models which might be appropriate in relation to the needs of youth; (E) Help in planning for evaluation; and (F) Provide such other assistance as may be appropriate; (7) To encourage the development of delinquency prevention programs and community based community based services by private groups so that: (A) Such programs can be responsive to local needs; (B) Local leadership and private groups can be responsible for their programs; (C) Programs which meet state standards can be assisted by state and federal funding; and (D) Available private funds can be appropriately utilized along with available state and federal funds; (8) To provide for the development of programs which have a plan for evaluation from the beginning so that successful program models can be replicated as appropriate; and (9) To provide for the development of delinquency prevention programs and community baaed community based services under public auspices where there is no local private leadership."
Section 10. Said chapter is further amended by striking Code Section 49-5-152, relating to the purchase of care or services from public or private agencies, and inserting in lieu thereof a new Code Section 49-5-152 to read as follows:
"49-5-152. The council and any other appropriate state or local agency are authorized to purchase care or services from public or private agencies providing delinquency prevention programs or community baaed community based services, provided the program meets the state standards as authorized by Code Section 49-5-151."
Section 11. Said chapter is further amended by striking Code Section 49-5-153, relating to annual reports, and inserting in lieu thereof a new Code Section 49-5-153 to read as follows:
"49-5-153. The council shall prepare an annual report on the progress of the community- based community based programs of this state which shall include the most current institutional populations of children being served by the various departments of state government and which shall include comparative costs of all children-serving agencies. Such report shall be submitted to the Governor, the General Assembly, and the various state departments providing services to children."
Section 12. Said chapter is further amended by striking Code Section 49-5-154, relating to the study of youth needs, and inserting in lieu thereof a new Code Section 49-5-154 to read as follows:
"49-5-154. The governing authority of each participating county shall conduct er arrange for a study ef- youth needs the eetmty; establish a local advisory group which includes representation from each component of the local juvenile justice system and other interested parties. The advisory group shall appraise the council on the needs of children and youth in its community giving particular attention to the need for delinquency prevention programs and community based services, residential or nonresidential, which would provide an alternative to commitment to the Division of Youth Services of the Department of Human Resources and placement in a youth development center or any other secure institution. !Fhe governing authority ef the county may delegate the responsibility tot the study te any appropriate feeard e* department ef county government e* it tetay contract with an appropriate private agency ei greap tor the study. Adjoinin countics nifty coopcpfltc m conducting sucn study on st FCj^ioncti DOSIS, utilizing appropriate paWie or private resources. Such appraisal shall be made annually

2288

JOURNAL OF THE HOUSE,

and in writing. The governing authority of the county may request technical assistance from the council in conducting such study. Back participating county shall develop a study plan fef submission te the council. Each participating county shall pkm for a en-
0r youui ncccts mi TR& coxttrty or region wiwi Q.HHUQI reports to tiic council.
Section 13. Said chapter is further amended by striking subsection (b) of Code Section 49-5-155, relating to effect on the Division of Youth Services and the council as the recipient entity for federal grants, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Other than the Division of Youth Services of the Department of Human Resources, the Juvenile Justice Coordinating Council Children and Youth Coordinating Council created pursuant to Code Section 49-5-132 shall be the only other authorized controlling recipient entity for grants under the United States Department of Justice Juvenile Justice Delinquency and Prevention Grants."
Section 14. Said chapter is further amended by striking subsection (b) of Code Section 49-5-203, relating to pilot projects, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The Department of Human Resources, in cooperation with the Department of Education, Department of Labor, Department of Medical Assistance, Commission en Children and Youth, and Juvenile Justice Coordinating Council Children and Youth Coordinating Council, shall designate pilot projects made up of one or more counties to test the feasibility and efficiency of a joint (intradepartmental and interdepartmental) assessment, evaluation, placement, and case management system for children coming before the juvenile court or placed in the custody of the state."
Section 15. Said chapter is further amended by striking subsections (b) and (c) of Code Section 49-5-205, relating to strategic planning and pilot projects, and inserting in lieu thereof new subsections (b) and (c) to read as follows:
"(b) The General Assembly directs the commissioner of the Department of Human Resources in conjunction with the Department of Community Affairs, the Association County Commissioners of Georgia, the Georgia Municipal Association, the Juvenile Jtistiee Coordinating Council, and the Commission e Children and- Youth and the Children and Youth Coordinating Council to designate one or more counties submitting a proposal for strategic integrated services planning pilot projects. Pilot projects shall report quarterly to the Department of Human Resources and the General Assembly through 1992.
(c) Counties requesting designation as a pilot project pilot projects shall be selected based upon the extent of documented commitment to, and capacity for, the coordination of public and private programs for at risk children, youth, and families operating within the county or counties. Any county designated as a pilot project county that has a commission on children and youth officially recognized by the Georgia Commission e GhHd*en and Youth Children and Youth Coordinating Council shall require the pilot project to cooperate with the local commission on children and youth."
Section 16. Said chapter is further amended by striking subsection (a) of Code Section 49-5-208, relating to pilot projects and comprehensive reform, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Comprehensive Reform! To test the combined impact and effectiveness of the pilot projects designated in Code Sections 49-5-201 through 49-5-206, the Department of Human Resources in conjunction with the Commission en Children and Youth and the Juvenile Justice Coordinating Council Children and Youth Coordinating Council shall designate one or more of the counties applying as pilot projects in comprehensive children, youth, and family services reform."
Section 17. Said chapter is further amended by striking Code Section 49-5-224, relating to submission of annual reports by the commissioner of human resources, and inserting in lieu thereof a new Code Section 49-5-224 to read as follows:

TUESDAY, MARCH 12, 1991

2289

"49-5-224. The commissioner of Human Resources human resources shall submit an annual report to the House and Senate Appropriations Committees, the House and Senate Education Committees, the House Health and Ecology Committee, the Senate Committee on Children and Youth, Aging, and Human Ecology, the Governor, and the Commission ef- Children and Youth Children and Youth Coordinating Council. The report shall contain a copy of the updated State Plan for the Coordinated System of Care. The report shall also contain the following information on severely and emotionally disturbed children and adolescents receiving services directly or indirectly through the Department of Human Resources, the Department of Education, or any other state agency:
(1) The number and ages of children in out-of-state residential facilities; (2) The number and ages of children in in-state residential facilities; (3) The number and ages of children in nonresidential treatment; (4) Annual public funds expended for out-of-state placements, the sources of such funds, and the average cost per child of such out-of-state placement; (5) Annual public funds expended for in-state residential placements, the sources of such funds, and their average cost per child of such in-state residential placement; (6) Annual public funds expended for nonresidential treatment, the sources of such funds, and the average cost per child of such nonresidential treatment; (7) The average length of stay in out-of-state and in-state placements; and (8) The number and ages of children placed in out-of-home treatment compared to the total number of children in each county of the state."
Section 18. Said chapter is further amended by striking Code Section 49-5-227, relating to the comments and recommendations of the Commission for Children and Youth on the State Plan for the Coordinated System of Care, and inserting in lieu thereof a new Code Section 49-5-227 to read as follows:
"49-5-227. The Commission fef Children aad Youth Children and Youth Coordinating Council shall:
(1) Annually review and comment on the State Plan for the Coordinated System of Care, and submit its comments to the House and Senate Appropriations Committees, the House and Senate Education Committees, the House Health and Ecology Committee, the Senate Committee on Children and Youth2 Aging, and Human Ecology, the Governor, the Department of Human Resources, and the Department of Education;
(2) Annually identify and recommend fiscal, policy, and program initiatives and revisions in the state coordinated system of care to the House and Senate Appropriations Committees, the House and Senate Education Committees, the House Health and Ecology Committee, the Senate Committee on Children frnel Youthj Aging, and Human Ecology, the Governor, the Department of Human Resources, and the Department of Education."
Section 19. Said chapter is further amended by striking Article 7, relating to the Commission on Children and Youth, and inserting in lieu thereof the following:
"ARTICLE 7 RESERVED"
Section 20. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Buckner of the 72nd moves to amend the Committee substitute to SB 370 by striking from lines 29 through 34 of page 3 and line 1 of page 4 the following:
"children committed by the courts for delinquent acts to institutions operated by the Division of Youth Services of the Department of Human Resources or other state agencies; and, in particular, to provide a comprehensive plan for the development of community based alternatives so that children who have committed delinquent acts may not have to be committed to a state detention facility.",

2290

JOURNAL OF THE HOUSE,

and inserting in lieu thereof the following:
"children committed by the courts to institutions operated by the Department of Human Resources or other state agencies; and to provide a preventative, comprehensive plan for the development of community based alternatives so that children who have committed delinquent acts and children who are at risk of becoming dependents of state government and its institutions may not have to be committed to a state detention facility or other such facility."
By striking line 2 of page 5 in its entirety and inserting in lieu thereof the following:
"treatment of child abuse and neglect, emotional disability, foster care, teenage pregnancy, juvenile delinquency, law enforcement,".
By striking from line 5 of page 5 the following:
"The council shall have one member",
and inserting in lieu thereof the following:
"The council shall have members". By striking on line 6 of page 5 the word "represents" and inserting in lieu thereof the word "represent".
By inserting on line 11 of page 5 after the word "system" the following:
"or the foster care system".
By striking from line 16 of page 8 the word "delinquency" and inserting in lieu thereof the word "delinquency".
By striking lines 24 through 26 of page 8 in their entirety and inserting in lieu thereof the following:
"fundamental juvenile justice child related information of a descriptive and analytical nature to all components of the juvenile justice children's service system of this statej including, but not limited to, the juvenile justice system;".
By striking from line 28 of page 8 the following:
"juvenile justice",
and inserting in lieu thereof the following:
"juvenile justice child related".
By striking from line 31 of page 8 the following:
"juvenile justice system",
and inserting in lieu thereof the following:
"juvenile justice system children's service systems".
By striking from line 32 of page 8 the following:
"juvenile justice",
and inserting in lieu thereof the following:
"juvenile jaatiee".
By striking from lines 1 and 2 of page 9 the following:
"juvenile justice system of this state",

TUESDAY, MARCH 12, 1991

2291

and inserting in lieu thereof the following: "juvenile justice system child related systems of this state2 including, but not limited
to, juvenile justice systems". By striking from lines 4 and 5 of page 9 the following: "juvenile justice system",
and inserting in lieu thereof the following: "juvenile justice system children's service systems". By striking from lines 6 and 7 of page 9 the following: "juvenile justice",
and inserting in lieu thereof the following: "juvenile justice child related". By striking from line 12 of page 9 the following: "juvenile justice system",
and inserting in lieu thereof the following: "juvenile justice system children's service systems". By inserting on line 22 of page 9 after the word "commissions" the following: "or coalitions". By striking from line 18 of page 11 the following: "delinquency prevention",
and inserting in lieu thereof the following: "delinquency prevention and other child related problems". By inserting on line 33 of page 11 after the word "court" the following: "or other state agencies". By striking lines 2 through 4 of page 12 in their entirety and inserting in lieu thereof
the following: "community-level resources including a comprehensive team of mental health services
providers, social services providers, public health and other available medical services providers, public schools, and".
By striking from line 33 of page 13 the following: "juveniles", and inserting in lieu thereof the following: "juveniles children and youth". By striking from lines 6, 14, and 30 of page 14 the following: "delinquency prevention", and inserting in lieu thereof the following: "delinquency and other prevention".

2292

JOURNAL OF THE HOUSE,

By striking from line 20 of page 14 the following: "juvenile court", and inserting in lieu thereof the following: "juvenile eetwt state systems". By striking from line 25 of page 14 the following: "youth", and inserting in lieu thereof the following: "children and youth". By striking from line 14 of page 15 the following: "delinquency prevention", and inserting in lieu thereof the following: "delinquency and other prevention". By striking from line 25 of page 15 the following: "delinquency prevention", and inserting in lieu thereof the following: "delinquency or other prevention". By striking from line 4 of page 16 the following: "institutional populations", and inserting in lieu thereof the following: "institutional and out-of-home placement populations". By striking from line 19 of page 16 the following: "juvenile justice system", and inserting in lieu thereof the following: "children's services systems". By striking from line 23 of page 16 the word "delinquency" and inserting in lieu thereof the following: "delinquency". By striking lines 25 through 28 of page 16 in their entirety and inserting in lieu thereof the following: "provide an alternative to commitment to th Division ef Youth Scrvicca or placement or custody in the Department of Human Resources and placement in a youth development center2 foster home, or any other seewre institution. The governing authority ef tnC By striking from line 15 of page 17 the following: "Division of Youth Services", and inserting in lieu thereof the following: "Division ef- Youth Scrvicca divisions".

TUESDAY, MARCH 12, 1991

2293

By inserting on lines 28 and 32 of page 18 after the word "commission" the words "or coalition".
By inserting on line 13 of page 19 after the word "reform" the words "or prevention".

The Committee substitute, as amended, was adopted.

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, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot
Y Bargeron Barnett.B
Y Barnett,M
Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux
Y Bostick Y Branch Y Breedlove
Y Brooks Brown
N Brush YBuck Y Buckner YByrd Y Campbell
Canty Y Carrell
Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark.H

Y Clark,L
Y Coker Y Coleman Y Colwell
Connell Y Culbreth
Y Cummings.B Cummings,M
Y Davis.G Y Davis.M Y Dixon,H
Y Dixon.S YDobbs Y Dover Y Dunn
Edwards Y Elliott
Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W YFlynt
Godbee Y Golden N Goodwin E Green Y Greene N Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris,B Y Harris,J Y Heard Y Henson

Y Herbert
Y Hightower Y Holland Y Holmes N Howard Y Hudson Ylrwin Y Jackson Y Jamieson
Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane,D YLane,R
Langford Y Lawrence Y Lawson YLee YLong YLord
Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney.B McKinney.C Y Meadows Y Merritt YMilam Y Mills

Y Mobley Y Moody N Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry
Y Pettit Y Pinholster
Pinkston NPoag
Porter YPoston Y Powell,A Y Powell,C Y Purcell
Randall
YRay Y Reaves
Redding Y Ricketson
Y Royal Y Selman Y Sherrill
Y Simpson Y Sinkfield Y Skipper
N Smith,L

Y Smith.P Y Smith.T Y Smith,W YSmyre YSnow Y Stancil.F Y Stancil.S Y Stanley Y Stephens
Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M
Thomas,N Thurmond Y Titus Y Tolbert Y Townsend Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker,L YWall Y Ware Y Watson Y Watts Y White Y Wilder Williams.B Williams.J N Williams.R Y Yeargin Murphy.Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 147, nays 8.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

SB 376. By Senators Starr of the 44th, Collins of the 17th and Bowen of the 13th:
A bill to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions regarding law enforcement officers and agencies, so as to prohibit the inspection or copying of certain law enforcement agency records for use in any commercial solicitation of certain victims or relatives of such victims; to provide for applicability; to provide for a criminal penalty; to provide for an effective date.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

2294

JOURNAL OF THE HOUSE,

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom YBarfoot Y Bargeron
Bamett,B Y Barnett.M Y Bates YBeatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner
YByrd Y Campbell
Y Canty Y Carrell Y Carter YChafm Y Chamblesa Y Cheeks Y Childers Y Clark,E Y Clark,H

Y ClarkJL Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B
Cummings,M Y Davis,G Y Davis,M Y DbK>n,H Y Dixon,S Y Dobbs Y Dover YDunn Y Edwards Y Elliott
Felton Y Fennel Y Floyd,J.M Y Floyd,J.W YFlynt
Godbee Y Golden YGoodwin E Green Y Greene Y Griffin
Groover Y Hamilton Y Hammond
Hanner Y Harris,B Y Harris,J
Heard Y Henson

Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein
YLadd Y Lane,D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong YLord
Lucas Y Lupton YMann Y Martin YMcCoy Y McKelvey
McKinney.B McKinney.C Y Meadows Y Merritt Milam Y Mills

Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock
Y Padgett YParham Y Parrish
Patten
Y Pelote Y Perry Y Pettit
Pinholster Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell,C Y Purcell Randall YRay Y Reaves Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith,L

Y Smith,P Y Smith.T Y Smith.W
Y Smyre YSnow Y Stancil.F
Y Stancil.S Y Stanley Y Stephens
Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M
Thomas.N Thurmond Y Titus Y Tolbert
Y Townsend Turnquest
Y Twiggs Y Valenti Y Vaughan Y Walker,J
Walker,L Y Wall Y Ware Y Watson Y Watts
White Y Wilder
Williams,B Williams,.} Y Williams.R Y Yeargin Murphy.Spkr

On the passage of the Bill, the ayes were 153, nays 0. The Bill, having received the requisite constitutional majority, was passed.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 66. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st, Adams of the 79th and Morsberger of the 62nd:
A bill to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to provide for the forfeiture of a motor vehicle operated by a person who is arrested for driving under the influence if the person has two previous convictions of driving under the influence within a five-year period.

The following Senate substitute was read:

A BILL
To amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to provide for the forfeiture of a motor vehicle operated by a person who has been declared a habitual violator and whose license has been revoked and who is arrested for driving under the influence; to provide for seizure of contraband vehicles; to provide for procedures; to provide for notice; to provide for defenses; to provide for sale of forfeited vehicles; to provide for distribution of proceeds of such sale; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

TUESDAY, MARCH 12, 1991

2295

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, is amended by adding a new Code section immediately following Code Section 40-6-391.1 to be designated Code Section 40-6-391.2 to read as follows:
"40-6-391.2. (a) Except as provided in this Code section, any motor vehicle operated by a person at the time of arrest who is charged with a violation of Code Section 40-6-391 and who has been prior to said arrest declared a habitual violator for three or more violations of Code Section 40-6-391 and whose license has previously been revoked is declared to be contraband and subject to forfeiture to the state, as provided in this Code section. Provided that said forfeiture shall not be absolute unless the defendant is finally convicted of such offense.
(b) Any motor vehicle subject to forfeiture under subsection (a) of this Code section shall be seized immediately upon discovery by any law enforcement officer, peace officer, or law enforcement agency of this state or any political subdivision thereof who has the power to make arrests and whose duty it is to enforce this article, that said motor vehicle has been declared contraband. Said motor vehicle shall be delivered within 20 days to the district attorney whose circuit includes the county in which a seizure is made or to his duly authorized agent. At any time subsequent to the seizure, the chief officer of the seizing agency, his designee, or the district attorney may release the vehicle upon bond being posted in like manner as authorized in subsection (e) of this Code section.
(c) Within 60 days from the date of the seizure, the district attorney of the judicial circuit, or the director on his behalf, shall cause to be filed in the superior court of the county in which the motor vehicle is seized or detained an action for condemnation of such motor vehicle. The proceedings shall be brought in the name of the state by the district attorney of the circuit in which the motor vehicle was seized, and the action shall be verified by a duly authorized agent of the state in a manner required by the law of this state. The action shall describe the motor vehicle and state its location, present custodian, and the name of the owner, if known, to the duly authorized agent of the state; allege the essential elements of the violation which is claimed to exist; and conclude with a prayer of due process to enforce the forfeiture. Upon the filing of such an action, the court shall promptly cause process to issue to the present custodian in possession of the motor vehicle described in the action, commanding him to seize the motor vehicle in the action and to hold that motor vehicle for further order of the court. The owner, lessee, or any person having a duly recorded security interest in or lien on such motor vehicle shall be notified by any means of service provided for in Title 9 or by delivery of a copy of the complaint and summons by certified mail to said owner or lienholder or a person of suitable age or discretion having charge of said owner's premises. For purposes of this subsection, where forfeiture of a motor vehicle titled or registered in Georgia is sought, notice to the titleholder shall be deemed adequate if a copy of the complaint and summons is mailed by certified mail to the titleholder at the address set out in the title and an additional copy is mailed by certified mail to the firm, person, or corporation which holds the current registration for said motor vehicle, who shall be deemed agent for service for said titleholder, and said complaint is advertised once a week for two weeks as set out in this subsection. If the owner, lessee, or person having a duly recorded security interest in or lien on the contraband motor vehicle is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself so as to avoid notice, notice of the proceedings shall be published once a week for two weeks in the newspaper in which the sheriffs advertisements are published. Such publication shall be deemed notice to any and all persons having an interest in or right affected by such proceeding and any sale of the motor vehicle resulting therefrom, but shall not constitute notice to any person having a duly recorded security interest in or lien upon such motor vehicle and required to be served under this Code section unless that person is unknown or resides out of the state or departs the state or cannot after due diligence be found within the
state or conceals himself to avoid notice.

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JOURNAL OF THE HOUSE,

(d) (1) Any party at interest may appear, by answer under oath, and file an intervention or defense within 30 days from the date of service on the condemnee of the action for condemnation. The owner, lessee, security interest holder, or lienholder shall be permitted to defend by showing that the motor vehicle seized was not subject to forfeiture under this Code section.
(2) A rented or leased vehicle shall not be subject to forfeiture unless it is established in the forfeiture proceedings that the owner of the rented or leased vehicle knew or should have known of or consented to the operation of such motor vehicle in a manner which would subject the vehicle to forfeiture. Upon learning of the address or phone number of the rental or leasing company which owns such vehicle, the district attorney shall immediately contact the company to inform it that the vehicle is available for the company to take possession. (e) The court to which any such petition for condemnation may be referred may, in its discretion, allow any party at interest, after making said defense under subsection (d) of this Code section, to give bond and take possession of the motor vehicle seized. Such motor vehicle shall not be sold or leased without prior approval of the court. In the event the court approves such sale or lease, the proceeds arising therefrom shall be deposited in the registry of the court, pending final adjudication of the forfeiture proceeding. The court shall determine whether the bond shall be a forthcoming bond or an eventual condemnation money bond and shall also determine the amount of the bond. The enforcement of any bond so given shall be regulated by the general law applicable to such cases. (f) If no defense or intervention is filed within 30 days from the date of service on the condemnee of the petition, judgment shall be entered by the court and the motor vehicle shall be sold. The court may direct that such property be sold by:
(1) Judicial sale as provided in Article 7 of Chapter 13 of Title 9; provided, however, that the court may establish a minimum acceptable price for such property; or
(2) Any commercially feasible means. (g) The proceeds arising from such sale shall be deposited into the general treasury of the state or any other governmental unit whose law enforcement agency it was that originally seized the motor vehicle. It is the intent of the General Assembly that, where possible, proceeds deposited into the state treasury should be used and that proceeds vested in any local governmental unit shall be applied to fund alcohol or drug treatment, rehabilitation, and prevention and education programs, after making the necessary expenditures for:
(1) Any costs incurred in the seizure; (2) The costs of the court and its officers; and (3) Any cost incurred in the storage, advertisement, maintenance, or care of the motor vehicle. (h) The interest of an owner, lessee, security interest holder, or lienholder shall not be subject to forfeiture unless the condemnor shows by a preponderence of evidence that such person knew or reasonably should have known that the operator was a habitual violator as set forth in subsection (a) of this Code section and knew or reasonably should have known that such person would operate or was operating the vehicle while in violation of Code Section 40-6-391."
Section 2. This Act shall become effective July 1, 1991, and shall apply to motor vehicles used in offenses committed on or after that date.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Porter of the 119th moved that the House disagree to the Senate substitute to HB 66.
The motion prevailed.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

TUESDAY, MARCH 12, 1991

2297

Mr. Speaker:

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

HB 608. By Representative Lane of the 27th:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to change the population requirements of those provisions of said title applicable to municipalities having a certain population.

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

HB 469. By Representatives Thomas of the 69th, Chambless of the 133rd, Lee of the 72nd and Groover of the 99th:
A bill to amend Code Section 17-7-131 of the Official Code of Georgia Annotated, relating to proceedings upon a plea of insanity or mental incompetency at the time of a crime, so as to provide that the Department of Human Resources shall have the independent right once every 12 months to request a release hearing for a defendant; to provide for criteria for the court to maintain custody and control of the defendant.

The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House:

HB 217. By Representatives Brown of the 88th, Smyre of the 92nd and Martin of the 26th:
A bill to amend Chapter 22 of Title 45 of the Official Code of Georgia Annotated, the "Public Employee Hazardous Chemical Protection and Right to Know Act of 1988," so as to delete provisions requiring the promulgation and review of the Georgia Hazardous Chemical List.

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:

SB 229. By Senators Pollard of the 24th, Deal of the 49th and Kidd of the 25th:
A bill to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, so as to provide that certain forms, documents, and other written matter relating to vital records shall not be open to public inspection and shall remain confidential.

The report of the Committee, which was favorable to the passage of the Bill, was to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Abemathy Y Adams Y Aiken YAlford Y Atkins Y Baker

Y Balkcom Y Barfoot Y Bargeron YBarnett.B
Barnett,M Y Bates

Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick

Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck

Y Buckner Y Byrd Y Campbell Y Canty Y Carrell Y Carter

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JOURNAL OF THE HOUSE,

Y Chafin Y Chambless
Y Cheeks Y Childera Y Clark,E Y Clark,H Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B
Cummings.M Y Davis,G Y Davis.M Y Di*on,H Y Diion.S Y Dobbs Y Dover
Y Dunn Y Edwards
Y Elliott Felton
Y Fennel Floyd,J.M
Y Floyd,J.W
YFlynt God bee
Y Golden

Y Goodwin E Green Y Greene Y Griffin
Groover Y Hamilton Y Hammond
Manner Y Harri8,B Y Harris,J
Heard Y Henson Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Ylrwin Y Jackson
Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston
Y Klein YLadd YLane,D Y Lane,R

Y Langford Y Lawrence Y Lawson YLee YLong YLord
Lucas Y Lupton YMann
Martin Y McCoy
Y McKelvey McKinney,B McKinney.C
Y Meadows Y Merritt
Milam Y Mills Y Mobley
Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C
Y Oliver.M YOrr
Orrock
Y Padgett YParham Y Parrish

Patten
Y Pelote Y Perry Y Pettit Y Pinholster
Y Pinkston YPoag Y Porter YPoston Y Powell.A
Y Powell,C Y Purcell
Randall
YRay Y Reaves
Redding Y Ricketson Y Royal
Y Selman Y Sherrill
Y Simpson Y Sinkfield
Skipper Smith.L Y Smith.P Y Smith,T Y Smith,W Y Smyre YSnow Stancil,F

Y Stancil,S Stanley
Y Stephens Streat Taylor
Y Teper Y Thomas.C Y Thomas.M Y Thomas,N
Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J
Walker.L Y Wall
YWare Y Watson Y Watts Y White Y Wilder
Williams,B Williams,J Y WilliamsJR Y Yeargin Murphy.Spkr

On the passage of the Bill, the ayes were 149, nays 0. The Bill, having received the requisite constitutional majority, was passed.

The following Resolutions of the House were read and adopted:

HR 528. By Representative Adams of the 79th: A resolution commending the R. E. Lee Army Junior ROTC Color Guard.

HR 529. By Representative Moody of the 153rd: A resolution honoring Betty Roe.

HR 530. By Representative Moody of the 153rd: A resolution honoring Barbara Browning.

HR 531. By Representative Adams of the 79th: A resolution commending Mr. Gary Bedford.

HR 532. By Representative Adams of the 79th: A resolution commending the R. E. Lee Army Junior ROTC.

HR 533. By Representative Adams of the 79th: A resolution commending Monique Pierce and Jennifer Sprayberry.

HR 534. By Representative Adams of the 79th: A resolution commending Mr. Ralph Hogan.

TUESDAY, MARCH 12, 1991

2299

HR 535. By Representative White of the 132nd: A resolution commending Naomi James.

HR 536. By Representative Oliver of the 121st: A resolution commending Mr. Albert Parker.

HR 537. By Representatives Thomas of the 31st, Cummings of the 134th, Canty of the 38th, Stanley of the 33rd, McKinney of the 40th and others:
A resolution commending Honorable Barbara-Rose Collins.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:

The Senate insists on its amendment to the following Bills and Resolution of the House:

HB 120. By Representatives Coleman of the 118th, Murphy of the 18th, Connell of the 87th and Walker of the 115th:
A bill to provide supplementary appropriations to the Georgia General Assembly for the State Fiscal Year ending June 30, 1991, for operating expenses.

HB 769. By Representatives Dunn of the 73rd and Ware of the 77th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to establish standards and requirements for the operation of multiple employer self-insured health plans.

HR 286. By Representatives Smith of the 152nd, Coleman of the 118th, Benefield of the 72nd, Alford of the 57th, Walker of the 115th and others:
A resolution endorsing Amtrak's proposed resumption of passenger rail service between Chicago and Florida with extensive service through Georgia.

The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House:

HB 11. By Representatives Lane of the 27th, Bostick of the 138th and Hamilton of the 124th:
A bill to amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous rules of the uniform rules of the road, so as to make it unlawful for any person to possess an open container of any alcoholic beverage while operating a motor vehicle.
The President has appointed on the part of the Senate the following:
Senators Edge of the 28th, Clay of the 37th and Perdue of the 18th.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:

2300

JOURNAL OF THE HOUSE,

HB 120. By Representatives Coleman of the 118th, Murphy of the 18th, Connell of the 87th and Walker of the 115th:
A bill to provide supplementary appropriations to the Georgia General Assembly for the State Fiscal Year ending June 30, 1991, for operating expenses.

Representative Coleman of the 118th moved that the House insist on its position in disagreeing to the Senate amendment to HB 120 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Coleman of the 118th, Buck of the 95th and Walker of the 115th.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate has passed, by substitute, by the requisite constitutional majority the following Bills of the House:

HB 366. By Representatives Mills of the 20th, Murphy of the 18th, Childers of the 15th, Walker of the 115th, Oliver of the 53rd and others:
A bill to amend Article 1 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to homicides, so as to change certain requirements regarding the time within which death must occur with respect to homicides.

HB 604. By Representative Oliver of the 53rd:
A bill to amend Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, so as to change certain requirements for adoption petitions; to provide that certain orders will take the place of certain other documents; to change which items must be forwarded to the Department of Human Resources.

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

HB 905. By Representatives Ware of the 77th, Dunn of the 73rd, Ricketson of the 82nd and Jones of the 71st:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to delete provisions requiring notice of cancellation or nonrenewal of an individual accident and sickness insurance policy; to require a notice of nonrenewal or termination of a group accident and sickness insurance policy.

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

TUESDAY, MARCH 12, 1991

2301

HB 283. By Representatives Dover of the llth, Godbee of the 110th, Royal of the 144th, Harris of the 84th, Barnett of the 10th and others:
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 current use valuation and taxation of bona fide conservation use property and bona fide residential transitional property; to provide for the ad valorem taxation of timber.

The Senate insists on its substitute to the following Bill of the House:

HB 210. By Representative Pettit of the 19th:
A bill to amend Code Section 50-25-6 of the Official Code of Georgia Annotated, relating to sales of files of public information by the GeorgiaNet Authority, so as to provide that the authority shall be authorized to receive data in electronic format from the public for the purpose of transmitting such data to the various departments, agencies, and institutions of the state.

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

HB 175. By Representative Reaves of the 147th:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to create a new Article 29 to be entitled the "Farm Equipment Warranty Act".

The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House:

HB 417. By Representatives Clark of the 20th (Post 3) and Ladd of the 44th:
A bill to amend Chapter 5 of Title 29 of the Official Code of Georgia Annotated, relating to guardians of incapacitated adults, so as to provide for the establishment of guardianships of limited or permanent duration as part of the proceedings for the appointment of emergency guardians and the conditions and procedures relating thereto.

The Senate adheres to its amendment and has appointed a Committee of Conference on the following Bill of the House:

HB 120. By Representatives Coleman of the 118th, Murphy of the 18th, Connell of the 87th and Walker of the 115th:
A bill to provide supplementary appropriations to the Georgia General Assembly for the State Fiscal Year ending June 30, 1991, for operating expenses.
The President has appointed on the part of the Senate the following:
Senators Garner of the 30th, Deal of the 49th and Johnson of the 47th.

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

2302

JOURNAL OF THE HOUSE,

HB 782. By Representatives Fennel of the 155th, Smith of the 156th and Coleman of the 118th:
A bill to amend Code Section 32-10-71 of the Official Code of Georgia Annotated, relating to acquisition, maintenance, and operation of tollway projects, so as to authorize certain local governments to establish a parking fee for persons using certain tollway facilities; to authorize the local government to contract with the State Tollway Authority for assistance in collection of the fee.

HB 416. By Representative Pettit of the 19th:
A bill to amend Code Section 15-18-14 of the Official Code of Georgia Annotated, relating to appointment and qualifications of assistant district attorneys, so as to change a definition; to provide for the appointment by district attorneys of attorneys to perform certain duties regarding recovery of child support.

HB 29. By Representatives Oliver of the 53rd, Mills of the 20th, Hamilton of the 124th and Valenti of the 52nd:
A bill to amend Article 2 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the termination of parental rights, so as to provide that a copy of every order terminating the parental rights of a parent shall be transmitted to the Division of Family and Children Services Adoption Unit of the Department of Human Resources.

The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House:

HB 746. By Representative Floyd of the 154th:
A bill to amend Part 1 of Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions applicable to seafood, so as to change the penalty for violation of certain provisions.

Representative Coleman of the 118th District, Chairman of the Committee on Appropriations, submitted the following report:

Mr. Speaker:
Your Committee on Appropriations has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 95 Do Pass, by Substitute
Respectfully submitted, /s/ Coleman of the 118th
Chairman

Representative Kilgore of the 42nd District, Chairman of the Committee on Education, submitted the following report:

Mr. Speaker:
Your Committee on Education has had under consideration the following Bills and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

TUESDAY, MARCH 12, 1991

2303

SB 407 Do Pass, by Substitute SR 149 Do Pass
HB 370 Do Pass, by Substitute

Respectfully submitted, /s/ Kilgore of the 42nd
Chairman

Representative Thomas of the 69th District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:

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

SB 133 Do Pass, by Substitute SB 178 Do Pass, by Substitute SB 364 Do Pass

SB 384 Do Pass SB 394 Do Pass

Respectfully submitted, /s/ Thomas of the 69th
Chairman

The following minority report was received and read:

House of Representatives
Groover of the 99th files a minority report on SB 178 and would report do not pass.
/s/ Denmark Groover, Jr. 99th

Representative Twiggs of the 4th District, Chairman of the Committee on Public Safety, submitted the following report:

Mr. Speaker:
Your 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 House with the following recommendation:
SB 324 Do Pass
Respectfully submitted, Is/ Twiggs of the 4th
Chairman

Representative Walker of the 115th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker Pro Tern announced the House adjourned until 10:00 o'clock, tomorrow morning.

2304

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Wednesday, March 13, 1991

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
The roll was called and the following Representatives answered to their names:

Adams
Aiken Atkins Baker Balkcom Barfoot Bargeron Barnelt.B Barnett,M Beatty Blitch Bostick Branch Breedlove
Brooks Brown
Brush Buck
Buckner By"1 Campbell p,""15;, CCaarrrteelrl
Chafin
Chambless
Cheeks
Childers

Clark.E
Clark.H Clark,L Coker Coleman Connell Culbreth Cummings.B Davis.G Davis.M Dixon.H Dixon,S Dobbs Dover
Elliott Felton
Fennel Floyd,J.M
Floyd,J.W Flynt Godbee ^dwm GGrreeeenne
Griffin
Hammond
Harris.B
Harris.J

Henson
Hightower Holland Howard Irwin Jenkins Jones Kilgore King Kingston Klein Ladd Lane.D Lane.R
Langford Lawrence
Long Lord
Lucas Lupton Mann M"tm MMccCKoeylvey
McKinney,B
Meadows
Merritt
Milam

Mills
Mobley Moody Morsberger Moultrie Mueller Oliver.C Orr Padgett Parham Patten Perry Pinholster Poag
Poston Powell,A
Powell.C Purcell
j^y Reaves Ricketson Royal Sel*man
Shem11
Simpson
Sinkfield
Skipper

Smith.L
Smith.T Smyre Snow Stancil,F Stancil,S Stanley Stephens Streat Taylor Teper Thomas.C Thomas.M Thomas.N
Titus Tolbert
Turnquest Valenti
Vaughan Walker,J Wall Wilder n"inhra.ms.BR
W, iams.J
Wilhams,R
Yeargm
Murphy,Spkr

Prayer was offered by the Reverend Howard J. Wright, Pastor, Immanuel United Methodist Church, College Park, Georgia.

The members pledged allegiance to the flag.

Representative Bargeron of the 108th, Chairman of the Committee on Journals, 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.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills.

WEDNESDAY, MARCH 13, 1991

2305

6. First reading and reference of Senate Bills and Resolutions.

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:

HB 1067. By Representative Oliver of the 53rd:
A bill to amend Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, the "Housing Authorities Law," so as to change certain provisions relating to the investment of funds of a housing authority.
Referred to the Committee on State Planning & Community Affairs.

HB 1068. By Representative Orrock of the 30th:
A bill to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to provide that a licensed clinical social worker is authorized to certify the need for involuntary emergency treatment of a person who is mentally ill, mentally retarded, an alcoholic, a drug dependent individual, or a substance abuser.
Referred to the Committee on Health & Ecology.

HB 1069. By Representatives Redding of the 50th and Green of the 106th:
A bill to amend Code Section 50-13-4 of the Official Code of Georgia Annotated, relating to procedural requirements for certain actions relating to agency rules, so as to provide for the applicability of those requirements to certain rules of the Department of Medical Assistance.
Referred to the Committee on Health & Ecology.

HB 1070. By Representative Redding of the 50th:
A bill to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of health care facilities, so as to provide for the registration of massage therapists and requirements relating thereto.
Referred to the Committee on Health & Ecology.

HB 1071. By Representative Redding of the 50th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for registration and regulation of masseurs; to establish the State Board of Massage and provide for its membership, powers, duties, and authority.
Referred to the Committee on Health & Ecology.

HB 1072. By Representatives White of the 132nd and Barnett of the 59th:
A bill to amend Code Section 19-7-40 of the Official Code of Georgia Annotated, relating to jurisdiction in court proceedings to determine paternity, so as to confer exclusive jurisdiction upon the juvenile court in any paternity proceeding if the mother of the child is a minor at the time the proceeding is commenced.
Referred to the Committee on Judiciary.

2306

JOURNAL OF THE HOUSE,

HB 1073. By Representative Hamilton of the 124th:
A bill to amend Code Section 48-5-220 of the Official Code of Georgia Annotated, relating to purposes of county taxes, so as to authorize any county to levy taxes for the implementation and financing of a comprehensive program to provide services to at-risk children and their families, provided that the tax for such purpose is approved in a referendum by a majority of the qualified voters voting therein in any county affected.
Referred to the Committee on Ways & Means.
HB 1074. By Representative Hamilton of the 124th:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children, so as to provide for creation of a demonstration family resource center program.
Referred to the Committee on Human Relations & Aging.

HB 1075. By Representative Hamilton of the 124th:
A bill to amend Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, so as to provide that the Board of Human Resources, the Department of Human Resources, and the Division of Youth Services shall adopt policies for implementing youth development center based decision making.
Referred to the Committee on Human Relations & Aging.
HB 1076. By Representative Hamilton of the 124th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings and parental rights, so as to change certain definitions; to change the provisions relating to certain duties of the Council of Juvenile Court Judges.
Referred to the Committee on Judiciary.
HB 1077. By Representative Redding of the 50th:
A bill to amend Chapter 7 of Title 43 of the Official Code of Georgia Annotated, relating to barbers, so as to require certain barbershops and barber schools to comply with certain sanitary precautions.
Referred to the Committee on Health & Ecology.

HB 1078. By Representative Martin of the 26th:
A bill to amend Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to the regulation of specialized land transactions, so as to provide for the governance of certain property owners' associations and developments; to provide a short title.
Referred to the Committee on Judiciary.

HB 1079. By Representative Martin of the 26th:
A bill to amend Code Section 44-7-53 of the Official Code of Georgia Annotated, relating to when a writ of possession shall be issued, the trial of issues, and possession pending trial, so as to allow the tenant to set aside a dispossessory default in similar circumstances as those allowed for opening a default judgement under subsection (b) of Code Section 9-11-55.
Referred to the Committee on Judiciary.

WEDNESDAY, MARCH 13, 1991

2307

HB 1080. By Representative Martin of the 26th:
A bill to amend Article 11 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to facility licensing and employee records checks for personal care homes, so as to provide for evidence in mitigation and explanation.
Referred to the Committee on Judiciary.

HB 1081. By Representative Ladd of the 44th:
A bill to amend Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the Department of Transportation, so as to authorize contracts with private entities for the construction by and lease to private entities of four public transportation demonstration projects; to provide for the lease of rights of way in and airspace over or under state highways, for the granting of easements, and for the issuance of permits to facilitate such projects.
Referred to the Committee on Transportation.

HB 1082. By Representatives Griffin of the 6th, Connell of the 87th, Coleman of the 118th, Ricketson of the 82nd, Twiggs of the 4th 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 revise substantially provisions relative to workers' compensation.
Referred to the Committee on Industrial Relations.

HB 1084. By Representatives Poston of the 2nd, Snow of the 1st, McCoy of the 1st, Poag of the 3rd and Perry of the 5th:
A bill to amend an Act creating the Lookout Mountain Judicial Circuit, so as to authorize the district attorney of said circuit to hire assistant district attorneys, secretaries, and paraprofessionals.
Referred to the Committee on Judiciary.

HB 1085. By Representative Wilder of the 21st:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to repeal provisions relative to the Georgia High Risk Health Insurance Plan; to establish the Georgia Comprehensive Health Insurance Pool.
Referred to the Committee on Insurance.

HB 1086. By Representatives Chambless of the 133rd, Floyd of the 154th, Thomas of the 69th, Pettit of the 19th, Groover of the 99th and others:
A bill to amend Title 11 of the Official Code of Georgia Annotated, known as the "Uniform Commercial Code," so as to provide for certain additional defined terms to be used in Article 9.
Referred to the Committee on Judiciary.

2308

JOURNAL OF THE HOUSE,

HB 1087. By Representatives Hammond of the 20th, Cummings of the 17th, Lord of the 107th, Harris of the 84th, Sherrill of the 47th and others:
A bill to amend Code Section 40-2-73 of the Official Code of Georgia Annotated, relating to special license plates for former prisoners of war, so as to provide that prisoners of war of the Persian Gulf War shall be entitled to such special license plates.
Referred to the Committee on Motor Vehicles.

HB 1088. By Representative Balkcom of the 140th:
A bill to amend Code Section 9-11-4 of the Official Code of Georgia Annotated, relating to process in civil actions, so as to provide for certain requirements for service of process by publication.
Referred to the Committee on Judiciary.

HB 1089. By Representative Thurmond of the 67th:
A bill to amend Part 3 of Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing authority commissioners, so as to provide for the number of commissioners authorized for each authority created by a city or county governing authority.
Referred to the Committee on State Planning & Community Affairs.

HB 1090. By Representatives Dixon of the 151st, Groover of the 99th and Parham of the 105th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for regulation of motor vehicle service agreement companies by the Department of Insurance.
Referred to the Committee on Motor Vehicles.

HR 525. By Representatives Kilgore of the 42nd, Hamilton of the 124th and Simpson of the 70th:
A resolution proposing an amendment to the Constitution so as to provide that members of the State Board of Education will be appointed by the Governor from names submitted thereto by members of the House of Representatives and Senate whose districts such board member is to represent and to provide for the appointment of the state school superintendent by the State Board of Education and for other matters relative to the foregoing.
Referred to the Committee on Education.

HR 538. By Representative Green of the 106th:
A resolution creating the House Nursing Home Ombudsman Study Committee.
Referred to the Committee on Rules.

HR 539. By Representative Green of the 106th:
A resolution creating the House Nursing Home Regulation and Inspection Study Committee.
Referred to the Committee on Rules.

WEDNESDAY, MARCH 13, 1991

2309

HR 540. By Representatives Childers of the 15th, Carrell of the 65th, Lane of the 27th and Thurmond of the 67th:
A resolution creating the House Study Committee on Physical Fitness and Amateur Sports.
Referred to the Committee on Rules.

HR 543. By Representatives Cummings of the 17th, Kilgore of the 42nd, Selman of the 32nd, Herbert of the 76th, Connell of the 87th and others:
A resolution relative to the expiration of earned credit hours at institutions of the University System of Georgia.
Referred to the Committee on University System of Georgia.

By unanimous consent, the rules were suspended in order that the following Resolution of the House could be introduced, read the first time and referred to the committee:

HR 567. By Representatives Sherrill of the 47th, Twiggs of the 4th, Hammond of the 20th, Flynt of the 75th, Valenti of the 52nd and others:
A resolution urging the Department of Education to study the advisability and feasibility of requiring seat belts on school buses.
Referred to the Committee on Education.

By unanimous consent, the following Bills and Resolution of the House and Senate were read the second time:

HB 1057 HB 1060 HB 1061 HB 1062 HB 1064

HB 1066 HB 1083 HR 526 SB 455

Representative Thomas of the 69th District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 325 Do Pass, by Substitute
Respectfully submitted, /s/ Thomas of the 69th
Chairman

Representative Lee of the 72nd District, Chairman of the Committee on Rules, submitted the following report:

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:

2310

JOURNAL OF THE HOUSE,

HR 511 Do Pass HR 513 Do Pass

HR 527 Do Pass HR 512 Do Pass
Respectfully submitted, M Lee of the 72nd
Chairman

Representative Lane of the 27th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning & Community Affairs - Local Legislation has had
under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1040 Do Pass HB 1051 Do Pass HB 1052 Do Pass
HB 1053 Do Pass HB 1054 Do Pass HB 1055 Do Pass

HB 1056 Do Pass HB 1058 Do Pass HB 1059 Do Pass
SB 329 Do Pass SB 454 Do Pass SB 446 Do Pass

Respectfully submitted,
/s/ Lane of the 27th Chairman

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR WEDNESDAY, MARCH 13, 1991
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 39th Legislative Day as enumerated below:
HR 441 Joint Capital Outlay Study Committee; Create HR 442 House SHBP Pharmacy Program Study Committee; Create
SB 41 Wills; Probation of Lost Wills SB 42 Revenue Bonds; Interest Rate; Annual Payment SB 48 Department of Veterans Service; Appointments SB 53 Firearms; Peace Officer Provisions; Amend (Postponed) SB 54 General Assembly; Expense Accounts; Documentation SB 57 Probation; Sexual Assault Against Probationer SB 58 Feticide By Vehicle; 1st and 2nd Degree; Define Offenses SB 67 Zoning; Conflict of Interest; Revise Provisions SB 71 Evaluation of Schools and Systems; Provisions SB 81 Driver's License; Vision Requirements; Bioptic Telescope SB 88 Interlocutory Hearings; Comp. for Property Acquisition SB 95 Capital Finance Authority Act; Enact SB 96 Environmental Facilities Authority; Members SB 133 Land Use Covenants; Continuation SB 171 Civil and Criminal Cases; Sheriffs Fees; Increase SB 178 Child Victim/Witness; Two-Way Closed Circuit TV SB 179 Oil Spills; Liability; Provisions SB 183 State Purchasing; Contract Amt.; Sealed Bid or Advertisement SB 184 Torts; Certain Property; Recovery of Damages

WEDNESDAY, MARCH 13, 1991

2311

SB 186 Long-Term Care Facilities; Irrevocable Letters of Credit SB 197 Georgia Board of Power Engineers; Create SB 208 Child Custody; Continuing Parental Contact; Interest of Child SB 209 State Health Planning; Notifications and Exemptions SB 213 Nursing Homes; Deficiencies; Notification Requirements SB 236 Funeral Home; Prop. Dedicated for Cemetery; Requirements SB 313 Educational Institutions; Certain Documents; Unlawful SB 335 Juvenile Proceedings; Probation and Intake; Transfer to DHR SB 407 Certain Proprietary Schools; Change Certain Exemptions

Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Lee of the 72nd
Chairman

By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:

SB 446. By Senators Ragan of the 32nd, Clay of the 37th and Thompson of the 33rd:
A bill to provide for a $10,000.00 homestead exemption from certain City of Smyrna ad valorem taxes for certain residents 62 years of age or older; to provide for related matters; to provide for a referendum; to repeal certain existing homestead exemptions; to provide for effective dates.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom YBarfoot Y Bargeron Y Barnett,B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks
Brown Y Brush YBuck Y Buckner YByrd
Y Campbell Canty
YCarrell Y Carter YChafin
Y Chambless Y Cheeks Y Childers
Y Clark,E Y Clark.H

Y Clark,L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth
Cummings,B Cummings,M Y Davis,G Davis.M Y Dixon,H Diion.S YDobbs Y Dover Dunn Y Edwards Y Elliott Y Felton
Fennel Y Floyd,J.M Y Floyd,J.W
YFlynt YGodbee Y Golden Y Goodwin Y Green Y Greene Y Griffin
Groover Hamilton Y Hammond Y Manner Y Harris.B Y Harris,J Y Heard YHenson

Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson
Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane,D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong YLord
Lucas Y Lupton YMann Y Martin
YMcCoy Y McKelvey Y McKinney.B
McKinney.C Y Meadows Y Merritt YMilam
Mills

Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish Y Patten E Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag
Porter Poston Y Powell,A Y Powell,C Y Purcell Randall
YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield
Skipper Y Smith.L

E Smith,? Y Smith.T
Smith.W YSmyre YSnow Y Stancil.F Y Stancil.S
Stanley Y Stephens Y Streat Y Taylor Y Teper
Thomas.C Thomas.M Thomas.N Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Walker,L Y Wall Ware
Y Watson Y Watts
White Y Wilder
Williams.B
Y Williams,J Y Williams,R
Y Yeargin Murphy.Spkr

2312

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 144, nays 0. The Bill, having received the requisite two-thirds constitutional majority, was passed.

Representatives Hamilton of the 124th and Mills of the 20th stated that they had been called from the floor of the House during the preceding roll call. They wished to be
recorded as voting "aye" thereon.

HB 1040. By Representatives Campbell of the 23rd, Felton of the 22nd and McKinney of the 40th:
A bill to reincorporate the City of Roswell in the County of Fulton, so as to change the corporate limits of said city.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 144, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1051.

By Representatives Meadows of the 91st, Jones of the 71st, Ware of the 77th and Flynt of the 75th:
A bill to amend an Act creating and establishing the Newnan-Coweta County Airport Authority, so as to change the composition of the membership of such authority.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 144, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1052. By Representatives Alford of the 57th, Henson of the 57th and Irwin of the 57th:
A bill to create the Rockdale County Recreational Authority.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 144, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1053. By Representatives Alford of the 57th, Irwin of the 57th and Henson of the 57th:
A bill to create the Board of Elections and Registration of Rockdale County.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 144, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, MARCH 13, 1991

2313

HB 1054.

By Representatives Bordeaux of the 122nd, Hamilton of the 124th, Mueller of the 126th, Merritt of the 123rd, Kingston of the 125th and others:
A bill to amend an Act creating the State Court of Chatham County, so as to change the compensation of the judges of the state court; to amend an Act providing for the compensation of certain officials in Chatham County, so as to delete the provisions relating to compensation of judges of the State Court of Chatham County.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 144, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1055.

By Representatives Pettit of the 19th, McKelvey of the 15th and Childers of the 15th:
A bill to provide that the county school superintendent of Bartow County shall be appointed by vote of the board of education to serve at the pleasure of the board.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 144, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1056.

By Representatives Pettit of the 19th, McKelvey of the 15th and Childers of the 15th:
A bill to provide that the chairman of the Board of Education of Bartow County shall be selected by the board on an annual basis as provided by board policy.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 144, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1058. By Representative Ray of the 98th:
A bill to provide for filling vacancies in certain membership positions on the board of the Peach County Hospital Authority.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 144, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1059.

By Representative Edwards of the 112th:
A bill to amend an Act establishing a board of commissioners of Taylor County, so as to change the compensation of the chairman and the members of said board.

2314

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 144, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

SB 329. By Senator Foster of the 50th:
A bill to provide that future school superintendents of the Rabun County School District shall be appointed by the board of education rather than elected; to provide for all related matters; to provide for a referendum; to provide effective dates.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 144, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

SB 454. By Senator Ray of the 19th:
A bill to provide a new charter for the City of Hawkinsville; 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, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 144, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

By unanimous consent, the following Resolution of the Senate was withdrawn from the Committee on Judiciary and referred to the Committee on Appropriations:

SR 146. By Senators Hammill of the 3rd, English of the 21st, Walker of the 22nd and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for the Technology Related Assistance Trust Fund for Individuals with Disabilities by providing for additional penalties or fees in certain cases in any court in this state in which a person is adjudged guilty of such an offense against the criminal or traffic laws of this state or an ordinance of a political subdivision of this state; to provide for the submission of this amendment for ratification or rejection.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the House:

WEDNESDAY, MARCH 13, 1991

2315

HB 1. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st:
A bill to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxation, so as to repeal and delete the exemption from taxation of certain food for off-premises human consumption.

HB 226. By Representatives Oliver of the 53rd, Thomas of the 69th, Chambless of the 133rd, Poston of the 2nd, Pettit of the 19th and others:
A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to revise and replace the laws relating to nonprofit corporations.

HB 232. By Representatives Snow of the 1st, McCoy of the 1st, Meadows of the 91st, Perry of the 5th, Langford of the 7th and others:
A bill to amend Chapter 69 of Title 36 of the Official Code of Georgia Annotated, known as the "Georgia Mutual Aid Act," so as to authorize counties and municipalities in this state to enter into contracts and mutual aid agreements with counties or municipalities of any other state or with any agency of the United States for the provision of law enforcement services in a local emergency to the extent that the laws of such other state or the United States permit such joint contracts or agreements to furnish one another assistance in law enforcement.

HB 333. By Representatives Dover of the llth, Godbee of the 110th and Royal of the 144th:
A bill to amend Code Section 48-2-55 of the Official Code of Georgia Annotated, relating to collection of delinquent taxes through attachment and garnishment, so as to change certain provisions regarding garnishment procedures available to the state revenue commissioner.

HB 398. By Representatives Irwin of the 57th, Alford of the 57th and Henson of the 57th:
A bill to provide for an additional judge of the superior court of Rockdale Judicial Circuit.

HB 516. By Representative Holmes of the 28th:
A bill to provide for an additional judge of the superior court of the Atlanta Judicial Circuit.

HB 558. By Representatives Patten of the 149th, Long of the 142nd and Floyd of the 135th:
A bill 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 amend the automatic repeal of such chapter; to define certain terms.

HB 561. By Representatives Smith of the 156th, Green of the 106th and Langford of the 7th:
A bill to amend Code Section 12-5-127 of the Official Code of Georgia Annotated, relating to licensing of water well contractors and applications therefor, so as to change the provisions relating to proof of experience in the water well construction business.

2316

JOURNAL OF THE HOUSE,

HB 563. By Representative Holland of the 136th:
A bill to amend Code Section 48-6-2 of the Official Code of Georgia Annotated, relating to exemption from real estate transfer tax of certain deeds and instruments, so as to provide that the distribution of real estate to beneficiaries of a will or to heirs at law pursuant to the administration of an estate shall be exempt from such property transfer tax.

HB 584. By Representatives Childers of the 15th, McKelvey of the 15th, Smith of the 16th and Kilgore of the 42nd:
A bill to amend Code Section 20-5-42 of the Official Code of Georgia Annotated, relating to membership of boards of trustees of county and regional libraries, so as to authorize members of the governing authority of any county, municipality, or governmental agency financially supporting a library to serve as members of the board of trustees.

HB 758. By Representatives Thomas of the 69th and Chambless of the 133rd:
A bill to amend Article 6 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to peer review groups, so as to redefine the term "review organization" as used in such article; to change the provisions relating to confidentiality of a review organization's records.

HB 811. By Representatives Poston of the 2nd, Holland of the 136th, Perry of the 5th, McCoy of the 1st, Poag of the 3rd and others:
A bill to amend Code Section 27-3-48 of the Official Code of Georgia Annotated, relating to unlawful killing of wildlife at night and condemnation of property, so as to provide that the superior court where a condemnation is filed may retain the property for official use by any agency or political subdivision of the state.

HB 906. By Representatives Ware of the 77th, Dunn of the 73rd, Ricketson of the 82nd and Jones of the 71st:
A bill to amend Chapter 31 of Title 33 of the Official Code of Georgia Annotated, relating to credit life insurance and credit accident and sickness insurance, so as to provide for the applicability of said Chapter 31 to life and accident and sickness insurance sold on and after July 1, 1991.

HB 542. By Representative McKinney of the 35th:
A bill to amend an Act providing for the appointment of chief deputies by certain county officers of Fulton County, so as to delete the sheriff of Fulton County from the provisions of said Act.

HB 649. By Representatives McKinney of the 40th and McKinney of the 35th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Fulton County during designated registration periods, as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated.

HB 736. By Representative Branch of the 137th:
A bill to amend an Act creating a Board of Commissioners of Ben Hill County, so as to change the composition of the board of commissioners.

WEDNESDAY, MARCH 13, 1991

2317

HB 953. By Representative Hudson of the 117th:
A bill to provide for the Board of Education of Pulaski County and consolidate and restate provisions of law relating to the board; to provide for the nonpartisan nomination and election of the members of the Board of Education of Pulaski County upon the expiration of regular terms of office.

HB 981. By Representatives Buck of the 95th, Smyre of the 92nd, Culbreth of the 97th, Harris of the 96th, Moultrie of the 93rd and others:
A bill to repeal an Act approved March 18, 1986 (Ga. L. 1986, p. 3798) which continued in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the 1980 general election (Res. Act No. 153, Senate Resolution No. 227, Ga. L. 1980, p. 2009) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia, providing for certain adjustments in the exemptions from ad valorem taxation of homesteads for certain purposes in Muscogee County.

HB 990. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th:
A bill to create and establish the Douglasville-Douglas County Charter Commission.

HB 992. By Representatives Breedlove of the 60th, Orr of the 9th, Lawson of the 9th and Jackson of the 9th:
A bill creating a new charter for the City of Buford, so as to deannex certain property from the corporate limits of the city.

HB 995. By Representatives Williams of the 48th, Tolbert of the 58th, Sherrill of the 47th, Williams of the 54th, Alford of the 57th and others:
A bill to amend an Act providing for the determination of millage rates by the governing authorities of DeKalb County and the DeKalb County School District, so as to change the date on which the tax commissioner is to certify certain property tax information to the governing authorities.

HB 1005. By Representatives Dobbs of the 74th and Stancil of the 66th:
A bill to provide for homestead exemptions from Newton County and Newton County School District ad valorem taxation.

HB 1008.

By Representatives Lucas of the 102nd, Groover of the 99th, Elliott of the 103rd, Pinkston of the 100th, Randall of the 101st and others:
A bill to amend an Act providing a new charter for the City of Macon, so as to change the corporate limits of said city.

HB 1010. By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to provide for the creation of one or more community improvement districts in Henry County and in each municipality therein.

HB 1012.

By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to amend an Act fixing the compensation of the members of the Board of Education of Henry County, so as to change the compensation of the chairman and other members of the Board of Education of Henry County.

2318

JOURNAL OF THE HOUSE,

HB 1014.

By Representative Green of the 106th:
A bill to create a public body corporate and politic and an instrumentality of the City of Sparta and Hancock County, to be known as the SpartaHancock Public Facilities Authority.

HB 1015. By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to amend an Act making provisions for the Magistrate Court of Henry County, so as to change the compensation of the chief magistrate.

HB 1016. By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to amend an Act providing for a salary and expense allowance for the coroner of Henry County.

HB 1021.

By Representatives Hightower of the 36th, Lee of the 72nd, Benefield of the 72nd, Chafin of the 72nd, Buckner of the 72nd and others:
A bill to amend an Act creating the City of College Park, so as to provide for districting of said city into four wards; to provide for the date of municipal elections.

The Senate recedes from its amendment to the following Resolution of the House:

HR 290. By Representatives Smyre of the 92nd, McKelvey of the 15th, Griffin of the 6th, Martin of the 26th and Oliver of the 53rd:
A resolution creating the Joint Workers' Compensation Task Force.

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

HR 105. By Representatives Lord of the 107th, Breedlove of the 60th, Wall of the 61st, Barfoot of the 120th, Clark of the 20th (Post 3) and others:
A resolution applying to the Congress of the United States to call a convention for the purpose of proposing an amendment to the Constitution of the United States with respect to certain disrespectful acts involving the flag of the United States or the flags of the several states.

HR 185. By Representatives Ray of the 98th, Walker of the 113th, Watson of the 114th, Coleman of the 118th, Walker of the 115th and others:
A resolution urging the Public Service Commission to adopt a telephone service county-wide calling plan which recognizes community of interest areas having a minimum radius of at least 16 miles and to consider expanding the toll-free band to a 22 mile radius.

HR 189. By Representatives Valenti of the 52nd, Childers of the 15th and Chambless of the 133rd:
A resolution urging the members of the Georgia congressional delegation to take certain actions to improve and enhance the Medicaid program.

The Senate has agreed to the House amendment to the Senate substitute to the following Bills of the House:

WEDNESDAY, MARCH 13, 1991

2319

HB 292. By Representative Reaves of the 147th:
A bill to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to enact the "Equine Activities Immunity Act".

HB 461. By Representatives Chambless of the 133rd and Thomas of the 69th:
A bill to amend Article 7 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to continuances, so as to change the provisions relating to continuance for the absence of a witness and what the application is to show.
The Senate has agreed to the House substitute to the following Bills of the Senate:
SB 97. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to enact the "Environmental Policy Act"; to provide for a short title; to provide for findings; to provide for definitions; to provide for the disclosure of the environmental impacts of proposed state programs and projects.

SB 201. By Senators Deal of the 49th and Foster of the 50th:
A bill to amend Code Section 48-5-274 of the Official Code of Georgia Annotated, relating to the establishment of equalized adjusted school property tax digest by the state auditor, the establishment and use of average ratio, and the furnishing of information to the State Board of Education, so as to provide that the ratio shall be determined by establishing the ratio of assessed value to sales price for a representative number of parcels of real property title to which was transferred during the two preceding calendar years and by establishing the median ratio of assessed value to sales price for the county as a whole based upon a representative number of usable transactions studied.

SB 243. By Senators Coleman of the 1st and Alien of the 2nd:
A bill to amend Part 7 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of laundries, cleaners, dyers, tailors, and other similar establishments, so as to provide for an alternative method for the satisfaction of such liens; to provide for a certain notice at the time property is delivered for the performance of services.

SB 272. By Senators Gillis of the 20th, Robinson of the 16th and Hooks of the 14th:
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 authorize the establishment and operation of programs of volunteer services to the department to facilitate, amplify, or supplement the objectives and functions of the department.

SB 279. By Senator Baldwin of the 29th:
A bill to amend Article 2 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to insurance and indemnification of officers and employees of municipalities, counties, and other public bodies, so as to change provisions relating to local governments providing defenses for their officers and employees; to provide for related matters; to provide an effective date.

2320

JOURNAL OF THE HOUSE,

SB 281. By Senators Starr of the 44th, Olmstead of the 26th and Collins of the 17th:
A bill to amend Code Section 31-7-75 of the Official Code of Georgia Annotated, relating to the functions and powers of hospital authorities, so as to authorize hospital authorities to provide service and financial assistance to certain private not for profit organizations for purposes related to the provision of medical services or related social services to citizens.

SB 299. By Senators Garner of the 30th and Albert of the 23rd:
A bill to amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to change the provisions relating to definitions; to provide for the licensure and regulation of air ambulance services and provide for classes of licenses and requirements for licensure; to provide for penalties.

SB 312. By Senators Baldwin of the 29th and Edge 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 traffic offenses, so as to provide that a school bus driver charged and convicted of driving under the influence of alcohol or drugs while driving a school bus or other school vehicle shall be imprisoned for a period of not less than one year nor more than five years; to provide for a fine.

SB 346. By Senator Baldwin of the 29th:
A bill to amend Code Section 15-10-100 of the Official Code of Georgia Annotated, relating to the appointment of constables for magistrate courts, so as to provide that counties may employ marshals to perform the duties of constables; to provide an effective date.

SB 389. By Senator Kidd of the 25th:
A bill to amend Code Section 3-6-21.1 of the Official Code of Georgia Annotated, relating to the licensing of farm wineries to engage in retail and wholesale sales, so as to provide that the limit on the maximum number of tasting rooms permissible off the premises of farm wineries shall be set by the commissioner of revenue; to provide that the commissioner of revenue shall authorize no fewer than 15 of such tasting rooms; to provide for intent.

The Senate has agreed to the House amendment to the Senate amendment, number 2, to the following Bill of the House:

HB 508. By Representatives Chambless of the 133rd, Childers of the 15th, Valenti of the 52nd, Carrell of the 65th and others:
A bill to amend Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to state health planning, so as to change definitions and exemptions.

The Senate has agreed to the House amendment to the Senate amendment to the following Bill of the House:

WEDNESDAY, MARCH 13, 1991

2321

HB 814. By Representatives Alford of the 57th, Dobbs of the 74th, Milam of the 81st and Ware of the 77th:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Water Quality Control Act," so as to establish limits on the amount of phosphorus which may be contained in waste water discharged by certain water pollution control plants into the Chattahoochee River between Buford Dam and West Point Reservoir on or after January 1, 1992.

The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House:

HB 889. By Representatives Thomas of the 69th and Martin of the 26th:
A bill to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to change the provisions relating to administration of the laws relating to mental health; to provide for access by the Department of Human Resources and county boards of health to certain records.

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

SB 456. By Senator Starr of the 44th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, as amended, so as to change the provisions relative to the compensation of the deputy tax commissioner.

SB 457. By Senator Newbill of the 56th:
A bill to amend an Act to reincorporate the City of Roswell in the County of Fulton, as amended, so as to change the corporate limits of said city.

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

HB 361. By Representative Barnett of the 10th: A bill to create the Cumming-Forsyth County Unification Commission.

HB 1007.

By Representatives Redding of the 50th, Oliver of the 53rd, Valenti of the 52nd, Williams of the 54th, Teper of the 46th and others:
A bill to amend an Act establishing the form of government of DeKalb County and fixing the powers and duties of the officers constituting the governing authority of DeKalb County, so as to provide for the annual salary of the Chief Executive Officer.

HB 1020.

By Representatives Padgett of the 86th, Cheeks of the 89th, Brown of the 88th, Howard of the 85th, Williams of the 90th and others:
A bill to amend an Act establishing the compensation of certain officials in Richmond County, so as to authorize the governing authority of Richmond County to increase the compensation of said officials.

2322

JOURNAL OF THE HOUSE,

The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House:

HB 927. By Representatives Watson of the 114th and Walker of the 113th:
A bill to create and establish the Warner Robins Building Authority, a body corporate and politic and an instrumentality of the State of Georgia.

HB 998. By Representatives Redding of the 50th, Henson of the 57th, Oliver of the 53rd, Valenti of the 52nd, Baker of the 51st and others:
A bill to amend an Act to authorize and direct the chairman and board of commissioners of DeKalb County to create the DeKalb County Community Relations Commission, so as to provide that members may serve no more than three consecutive terms.

HB 1011. By Representatives Dunn of the 73rd and Smith of the 78th: A bill to provide a new charter for the City of Stockbridge.

By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:

SB 456. By Senator Starr of the 44th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, as amended, so as to change the provisions relative to the compensation of the deputy tax commissioner.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 457. By Senator Newbill of the 56th:
A bill to amend an Act to reincorporate the City of Roswell in the County of Fulton, as amended, so as to change the corporate limits of said city.
Referred to the Committee on State Planning & Community Affairs - Local.

The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:

HR 511. By Representatives Buckner of the 72nd, Lee of the 72nd, Benefield of the 72nd, Chafin of the 72nd and King of the 72nd:
A resolution commending the Morrow High School girls' basketball team on winning its third consecutive Class AAAA state championship and inviting the members of the team and coaches to appear before the House of Representatives.

HR 512. By Representatives Lane of the lllth and Godbee of the 110th:
A resolution commending the Statesboro High School basketball team on winning the 1991 Class AAAA State Championship and inviting the members of the team and Coach Lee Hill to appear before the House of Representatives.

WEDNESDAY, MARCH 13, 1991

2323

HR 513. By Representative Floyd of the 135th:
A resolution commending the Crisp Academy "Wildcats" boys' basketball team on winning the Independent School Association Class AA State championship; and inviting them to appear before the chamber.

HR 527. By Representatives Powell of the 13th and Clark of the 13th:
A resolution commending the Hart County Lady Bulldogs basketball team and inviting the team and coaches to appear and be recognized before the House of Representatives.

Representative Lee of the 72nd District, Chairman of the Committee on Rules, submitted the following report:

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HR 28 Do Pass SR 72 Do Pass, as Amended
Respectfully submitted, Is/ Lee of the 72nd
Chairman

The following Resolution of the House was read and adopted:

HR 541. By Representatives Jamieson of the llth, Baker of the 51st, Parham of the 105th and Dunn of the 73rd:
A resolution commending and recognizing Honorable DuBose Porter.

By unanimous consent, all House Bills and Senate Bills acted on today that require further Senate action were ordered immediately transmitted to the Senate.

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:

SB 54. By Senators Deal of the 49th and Garner of the 30th:
A bill to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to compensation of certain state officials, so as to change provisions relating to the reimbursable expense account of members of the General Assembly; to provide for additional documentation requirements for expense reimbursement; to provide for related matters; to provide an effective date.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Abernathy Y Adams Y Aiken

Alford Y Atkins
Baker

Y Balkcom Y Barfoot Y Bargeron

Y Barnett,B Y Barnett.M Y Bates

Y Beatty Y Benefield Y Birdsong

2324

JOURNAL OF THE HOUSE,

Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd
Campbell Y Canty Y Carrell Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark.H Y Clark,L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B
Cummings.M
Y Davis,G Y Davis.M Y Dixon,H Y Dixon,S

Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott
Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Flynt YGodbee
Y Golden Y Goodwin Y Green
Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Hanner Y Harris.B Y Harri8,J Y Heard Y Henson
Y Herbert Y Hightower
Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson

Y Jenkins Y Jones Y Kilgore
YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas Y Lupton YMann Y Martin
Y McCoy Y McKelvey Y McKinney.B
McKinney,C Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C

Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten E Pelote Y Perry Y Pettit Y Pinholster
Pinks ton YPoag Y Porter Y Poston
Y Powell,A Y Powell.C Y Purcell
Randall YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson
Y Sinkfield Y Skipper Y Smith,L E Smith.P Y Smith.T Y Smith,W

Y Smyre YSnow
Y Stancil.F Y Stancil.S
Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C
Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs
Valenti
Y Vaughan Y Walker,J Y Walker.L Y Wall Y Ware Y Watson Y Watts
White Y Wilder
Williams.B Y Williams,J Y Williams,R Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 161, nays 0. The Bill, having received the requisite constitutional majority, was

Representative Williams of the 48th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

The following Resolution of the House was read and referred to the Committee on Rules:

HR 542. By Representatives Canty of the 38th, Baker of the 51st, Brooks of the 34th, Williams of the 54th, McKinney of the 35th and others:
A resolution commending Mrs. Erie Beavers Hightower and inviting her to appear before the House of Representatives.

Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:

SB 81. By Senator Kidd of the 25th:
A bill to amend Code Section 40-5-27 of the Official Code of Georgia Annotated, relating to examination of applicants for drivers' licenses, so as to prohibit the issuance of a driver's license to any person who does not meet certain vision standards; to provide an exception.

Representative Lord of the 107th moved that SB 81 be placed upon the table. On the motion, the roll call was ordered and the vote was as follows:

WEDNESDAY, MARCH 13, 1991

2325

Abernathy Y Adams Y Aiken
Alford Y Atkins
Baker Y Balkcom Y Barfoot Y Bargeron N Barnett.B Y Barnett.M Y Bates
Y Beatty Y Benefield
Y Birdsong Y Blitch Y Bordeaux
N Bostick Y Branch Y Breedlove N Brooks N Brown N Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter N Chafin Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark,H

Y Clark,L Y Coker
Coleman Colwell Y Connell Y Culbreth Y Cummings,B Cummings,M Davis.G Y Davis.M N Dixon.H Y Dixon,S Y Dobbs Y Dover Dunn Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt
Y Godbee Y Golden
Y Goodwin N Green Y Greene Y Griffin N Groover Y Hamilton Y Hammond
Manner Y Harris,B Y Harris,J Y Heard Y Henson

N Herbert Y Hightower Y Holland N Holmes Y Howard Y Hudson Ylrwin
Jackson Jamieson Y Jenkins Y Jones Kilgore YKing Y Kingston Y Klein YLadd Lane.D Lane.R Y Langford Y Lawrence Y Lawson YLee NLong YLord
Lucas Y Lupton YMann Y Martin YMcCoy Y McKelvey
McKinney,B McKinney.C Y Meadows Y Merritt Y Milam Y Mills

Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr NOrrock
Y Padgett NParham N Parrish
N Patten E Pelote Y Perry Y Pettit Y Pinholster N Pinkston YPoag Y Porter
Poston Y Powell.A Y Powell,C Y Purcell
Randall YRay Y Reaves Y Redding N Ricketson Y Royal Y Selman Y Sherrill N Simpson
Sinkfield Skipper Y Smith,L

E Smith,P Y Smith.T Y Smith,W Y Smyre
YSnow Y Stancil.F Y Stancil.S Y Stanley
Stephens Y Streat
Y Taylor N Teper Y Thomas.C Y Thomas,M Y Thomas.N Y Thurmond Y Titus
Y Tolbert Y Townsend Y Turnquest Y Twiggs
N Valenti Y Vaughan Y Walker,J
Walker,L Y Wall
Ware Y Watson Y Watts
White Wilder Williams.B N WilliamsJ N Williams,R
Y Yeargin Murphy.Spkr

On the motion, the ayes were 126, nays 23. The motion prevailed.

SB 48. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to the Department of Veterans Service, so as to provide that the appointment of the administrator of the Georgia War Veterans Nursing Home in Augusta, Georgia, and the director of the Georgia State War Veterans' Home in Milledgeville, Georgia, shall be subject to approval by the Veterans Service Board.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Abernathy Y Adams Y Aiken
Alford Y Atkins
Baker Balkcom YBarfoot Y Bargeron Y Barnett.B Y Barnett,M Y Bates
Y Beatty Y Benefield
Y Birdsong Y Blitch

Y Bordeaux Y Bostick Y Branch
Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd
Y Campbell Y Canty Y Carrell Y Carter Y Chafin
Chambless

Y Cheeks Y Childers Y Clark.E Y Clark,H Y Clark,L Y Coker
Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B
Cummings,M Y Davis,G Y Davis,M Y Duron.H Y Diion.S

Y Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton Y Fennel
Y FloydJ.M Y Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin
Green Y Greene Y Griffin

Y Groover Y Hamilton Y Hammond Y Hanner Y Harris,B Y Harris,J Y Heard Y Henson Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Ylrwin Y Jackson

2326

JOURNAL OF THE HOUSE,

Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston
Klein YLadd Y Lane,D
Lane,R Y Langford Y Lawrence YLawson
YLee YLong YLord Y Lucas Y Lupton YMann Y Martin

Y McCoy Y McKeivey
McKinney,B McKinney.C Y Meadows Y Merritt YMilam Y Mills Y Mobley Y Moody Y Morsberger Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Y Orrock Y Padgett Y Parham Y Parrish

Y Patten E Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter
Poston
Y Powell,A Y Powell,C Y Purcell
Randall YRay Y Reaves Y Redding
Y Ricketson Y Royal Y Selman Y Sherrill

Y Simpson Sinkfield Skipper
Y Smith.L E Smith.P Y Smith.T Y Smith.W Y Smyre YSnow Y Stancil.P Y Stancil.S
Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond

Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs
Valenti Y Vaughan Y Walker,J
Walker,L Y Wall
Ware Y Watson
Y Watts White Wilder Williams.B
Y Williams,J Y Williams.R
Y Yeargin Murphy.Spkr

On the passage of the Bill, the ayes were 152, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Williams of the 48th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 295. By Representatives Byrd of the 153rd, Lee of the 72nd, Dobbs of the 74th, Lane of the 27th, Dunn of the 73rd and others:
A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to provide that with respect to Conditioned Air Contractor Class I and Class II licenses, the Division of Conditioned Air Contractors may require applicants for renewal of licenses to have completed subsequent to the date the last licenses were issued a certain number of hours of continuing professional education relating to conditioned air contracting.

The following Senate substitute was read:

A BILL
To amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of electrical contractors, plumbers, conditioned air contractors, lowvoltage contractors, and utility contractors, so as to require conditioned air contractors to display their company or business registration numbers on certain vehicles; to require conditioned air contractors to include their registration numbers on invoices and proposal forms and certain advertising related to conditioned air work; to provide that said chapter shall not prohibit any person from installing, altering, or repairing the plumbing component of a lawn sprinkler system from a backflow preventer which was installed by a licensed plumber as long as the work is done in conformity with all other provisions of the chapter, the rules and regulations of the board, and ordinances of the county or municipality; to provide that under certain conditions a person who contracts with a licensed conditioned air contractor as part of a conditioned air contract to install, alter, or repair duct systems, control systems, or insulation is not required to be licensed by the Division of Conditioned Air Contractors; to provide that persons who perform certain work

WEDNESDAY, MARCH 13, 1991

2327

in connection with conditioned air systems shall be required to be licensed by the appropriate licensing authority; 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 14 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of electrical contractors, plumbers, conditioned air contractors, lowvoltage contractors, and utility contractors, is amended by striking in its entirety Code Section 43-14-9, relating to display of licenses, and inserting in lieu thereof a new Code Section 43-14-9 to read as follows:
"43-14-9. (a) Every person holding a license issued by a division of the board shall display it in a conspicuous manner at his place of business.
(b) All commercial vehicles used by conditioned air contractors exclusively in the daily operation of their business shall have prominently displayed thereon the company or business registration number issued by the Secretary of State's office. Such registration number shall also be prominently displayed on any advertising in telephone yellow pages and newspapers relating to conditioned air work which a licensee purports to have the capacity to perform as a conditioned air contractor. Said registration number shall also be printed on all invoices and proposal forms."
Section 2. Said chapter is further amended by adding at the end of Code Section 43-14-16, relating to exceptions to the operation of Chapter 14 of Title 43, two new subsections (j) and (k) to read as follows:
"(j) This chapter shall not prohibit any person from installing, altering, or repairing the plumbing component of a lawn sprinkler system from a backflow preventer which was installed by a licensed plumber; provided, however, that all such work must be done in conformity with all other provisions of this chapter, the rules and regulations of the board, and ordinances of the county or municipality.
(k) Any person who contracts with a licensed conditioned air contractor as part of a conditioned air contract to install, alter, or repair for or on behalf of such licensed conditioned air contractor duct systems, control systems, or insulation is not required to hold a license from the Division of Conditioned Air Contractors. The conditioned air contractor must retain responsibility for completion of the contract, including any subcontracted work. Any person who contracts with a licensed conditioned air contractor to perform for or on behalf of such licensed conditioned air contractor a complete installation, alteration, or repair of a conditioned air system must hold a valid license from the Division of Conditioned Air Contractors. Any person who contracts to perform for or on behalf of a conditioned air contractor to install, alter, or repair electrical, lowvoltage, or plumbing components of a conditioned air system must hold a valid license from the appropriate division of the board."
Section 3. This Act shall become effective January 1, 1992.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Representative Byrd of the 153rd moved that the House disagree to the Senate substitute to HB 295.
The motion prevailed.
The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:
SB 39. By Senators Turner of the 8th, Deal of the 49th, Broun of the 46th and others:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Fair Business Practices Act of 1975," so as to prohibit merchants from requiring a purchaser's telephone number as a condition of purchase when payment for the transaction is made by credit card.

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JOURNAL OF THE HOUSE,

Representative Byrd of the 153rd moved that the House adhere to its position in substituting SB 39 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Byrd of the 153rd, Watson of the 114th and Griffin of the 6th.

The following Bills of the House were taken up for the purpose of considering the Senate amendments or substitutes thereto:

HB 217. By Representatives Brown of the 88th, Smyre of the 92nd and Martin of the 26th:
A bill to amend Chapter 22 of Title 45 of the Official Code of Georgia Annotated, the "Public Employee Hazardous Chemical Protection and Right to Know Act of 1988," so as to delete provisions requiring the promulgation and review of the Georgia Hazardous Chemical List.

The following Senate amendment was read:

Amend HB 217 by striking from line 7 of page 3 the following: "by a public employee", and by inserting in lieu thereof the following: "by a state employee".

Representative Brown of the 88th moved that the House agree to the Senate amendment to HB 217.
The motion prevailed.

HB 746. By Representative Floyd of the 154th:
A bill to amend Part 1 of Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions applicable to seafood, so as to change the penalty for violation of certain provisions.

The following Senate amendment was read:

Amend HB 746 by inserting on line 25 of page 2 between the word "boat" and the symbol"." the following:
"j provided, however, that if the captain of said boat is found not guilty of an alleged violation of Code Section 27-4-133 or any rule or regulation promulgated pursuant thereto, the bond amount shall be returned to said owner".

Representative Floyd of the 154th moved that the House disagree to the Senate amendment to HB 746.
The motion prevailed.

WEDNESDAY, MARCH 13, 1991

2329

HB 417. By Representatives Clark of the 20th (Post 3) and Ladd of the 44th:
A bill to amend Chapter 5 of Title 29 of the Official Code of Georgia Annotated, relating to guardians of incapacitated adults, so as to provide for the establishment of guardianships of limited or permanent duration as part of the proceedings for the appointment of emergency guardians and the conditions and procedures relating thereto.

The following Senate amendment was read:

Amend HB 417 by striking lines 20 through 22 of page 8 and inserting in their place the following:
"paragraph, unless an additional evaluation is requested by the person demanding the hearing or is ordered by the court. If such evaluation is requested by the ward, the ward's attorney, or the petitioner, the expenses shall be cast pursuant to Code Section 29-5-13; otherwise, the expenses of said evaluation shall be cast as determined by the court. A copy of".
By striking lines 22 through 27 of page 11 and inserting in their place the following:
"(b) Reserved."

Representative Clark of the 20th (Post 3) moved that the House agree to the Senate amendment to HB 417.
On the motion the ayes were 89, nays 3.
The motion was lost.

Representative Groover of the 99th moved that the House reconsider its action in failing to agree to the Senate amendment to HB 417.
On the motion, the ayes were 101, nays 0.
The motion prevailed.

On the motion to agree to the Senate amendment to HB 417, the ayes were 107, nays 0.
The Senate amendment to HB 417 was agreed to.
HB 928. By Representative Selman of the 32nd:
A bill to amend Chapter 9 of Title 10 of the Official Code of Georgia Annotated, the "Geo. L. Smith II Georgia World Congress Center Act," so as to authorize the Geo. L. Smith II Georgia World Congress Center Authority to obtain and use conviction data, under certain conditions, concerning its officers and employees and prospective officers and employees.
The following Senate amendment was read:
Amend HB 928 by striking the quotation marks at the end of line 19 of page 8 and by inserting between lines 19 and 20 of page 8 the following:
"(5) Law enforcement officers employed by the state or the county or municipality in which properties, projects, or facilities of or under the control or management of the authority are located may with respect to the police officers and security guards provided for under this subsection, exercise:

2330

JOURNAL OF THE HOUSE,

(A) Concurrent law enforcement jurisdiction over protecting and preserving such properties, projects, or facilities; and
(B) The power to enforce law and order and in the event of conflict shall have jurisdiction over such Authority police officers and security guards on law enforcement matters and investigation of offenses committed on such properties, projects or facilities.
Representative Selman of the 32nd moved that the House agree to the Senate amendment to HB 928.
On the motion, the roll call was ordered and the vote was as follows:

Abernathy Adams Y Aiken Alford Y Atkins Baker Y Balkcom Y Barfoot Y Bargeron Barnett.B Y Bamett,M
Y Beatty Benefield Birdsong
Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Y Brown
Brush YBuck Y Buckner
Byrd Campbell Y Canty Y Carrell Y Carter Y Chafm Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark.H

Y Clark,L
Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummmgs,B Y Cummings.M
Davis.G Y Davis.M Y Dixon.H Y Don,S Y Dobbs Y Dover YDunn
Edwards Y Elliott
Felton Y Fennel
Floyd,J.M Y Floyd,J.W YFlynt YGodbee
Golden Y Goodwin
Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Hanner Y Harris,B
Y Harris,J Y Heard Y Henson

Y Herbert Y Hightower Y Holland
Holmes Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson
Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein
YLadd YLane.D YLane.R Y Langford
Y Lawrence Y Lawson YLee YLong
Lord Lucas Lupton YMann Y Martin
YMcCoy Y McKelvey
McKinney.B McKinney.C Y Meadows
Y Merritt YMilam Y Mills

On the motion, the ayes were 137, nays 0. The motion prevailed.

Y Mobley Moody
Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver,M YOrr
Orrock Y Padgett YParham Y Parrish Y Patten E Pelote Y Perry Y Pettit Y Pinholster Y Pinkston
YPoag Y Porter
Poston
Y PowelU Y Powell.C Y Purcell Y Randall YRay Y Reaves
Redding Ricketson Y Royal Y Selman Y Sherrill Simpson Y Sinkfield
Y Skipper Y Smith,L

Y Smith.P Smith.T Smith.W
YSmyre
YSnow Stancil.F
Y Stancil,S Stanley
Y Stephens Y Streat Y Taylor YTeper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti
Y Vaughan Y Walker,J
Walker,L Y Wall Y Ware
Watson Watts White Wilder
Williams.B Y Williams,J Y Williams,R Y Yeargin
Murphy.Spkr

HB 283. By Representatives Dover of the llth, Godbee of the 110th, Royal of the 144th, Harris of the 84th, Barnett of the 10th and others:
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 current use valuation and taxation of bona fide conservation use property and bona fide residential transitional property; to provide for the ad valorem taxation of timber.

The following Senate substitute was read:

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 current use valuation and taxation

WEDNESDAY, MARCH 13, 1991

2331

of bona fide conservation use property and bona fide residential transitional property; to provide for the ad valorem taxation of timber; to provide for qualifications and conditions; to provide for appraisal, valuation, and assessment; to provide for temporary county digest supplementation; to provide for penalties; to provide for reporting of harvested timber prior to the implementation of such method of taxation; to state legislative intent; to define terms; to provide for powers, duties, and authority of local tax officials, the state revenue commissioner, and the Department of Revenue with respect to the foregoing; to provide for related matters; to provide for additional information required to be published by the governing authority of each county prior to the establishment of the millage rate; to provide for enforcement; to revise and change certain provisions regarding the establishment of the equalized adjusted school property tax digest; to amend Code Section 12-2-4 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Natural Resources, so as to provide for the certification of conservation use property; to amend Code Section 20-2-164 of the Official Code of Georgia Annotated, relating to local fair share funds, so as to revise and change such provisions with respect to the foregoing; to provide for other matters relative to the foregoing; to provide for effective dates and for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended by striking Code Section 48-5-1, relating to legislative intent of ad valorem tax laws, and inserting in its place a new Code section to read as follows:
"48-5-1. The intent and purpose of the tax laws of this state are to have all property and subjects of taxation returned at the value which would be realized from the cash sale, but not the forced sale, of the property and subjects as such property and subjects are usually sold except as otherwise provided in this chapter."
Section 2. Said chapter is further amended by striking Code Section 48-5-2, relating to definitions of terms used in the ad valorem tax laws, and inserting in its place a new Code Section 48-5-2 to read as follows:
"48-5-2. As used in this chapter, the term: (1) 'Current use value' of bona fide conservation use property means the amount
a knowledgeable buyer would pay for the property with the intention of continuing the property in its existing use and in an arm's length, bona fide sale and shall be determined in accordance with the specifications and criteria provided for in subsection (b) of Code Section 48-5-269.
(2) 'Current use value' of bona fide residential transitional property means the amount a knowledgeable buyer would pay for the property with the intention of continuing the property in its existing use and in an arm's length, bona fide sale. The tax assessor shall consider the following criteria, as applicable, in determining the current use value of bona fide residential transitional property:
(A) The current use of such property; (B) Annual productivity; and (C) Sales data of comparable real property with the same existing use. {1} (3) 'Fair market value of property' means the amount a knowledgeable buyer would pay for the property and a willing seller would accept for the property at an arm's length, bona fide sale. With respect to the valuation of equipment, machinery, and fixtures when no ready market exists for the sale of the equipment, machinery, and fixtures, fair market value may be determined by resorting to any reasonable, relevant, and useful information available including, but not limited to, the original cost of the property, any depreciation or obsolescence, and any increase in value by reason of inflation. Each tax assessor shall have access to any public records of the taxpayer for the purpose of discovering such information. (A) In determining the fair market value of a going business where its continued operation is reasonably anticipated, the tax assessor may value the equipment, machinery, and fixtures which are the property of the business as a whole where appropriate to reflect the accurate fair market value.

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JOURNAL OF THE HOUSE,

(B) The tax assessor shall consider the following criteria in determining the fair market value of real property:
(i) Existing zoning of property; (ii) Existing use of property; (iii) Existing covenants or restrictions in deed dedicating the property to a particular use; and (iv) Any other factors deemed pertinent in arriving at fair market value. (C) Fair market value of 'historic property' as such term is defined in subsection (a) of Code Section 48-5-7.2 means: (i) For the first eight years in which the property is classified as 'rehabilitated historic property,' the value equal to the greater of the acquisition cost of the property or the appraised fair market value of the property as recorded in the county tax digest at the time preliminary certification on such property was received by the county board of tax assessors pursuant to subsection (c) of Code Section 48-5-7.2; (ii) For the ninth year in which the property is classified as 'rehabilitated historic property,' the value of the property as determined by division (i) of this subparagraph plus one-half of the difference between such value and the current fair market value exclusive of the provisions of this subparagraph; and (iii) For the tenth and following years, the fair market value of such property as determined by the provisions of this paragraph, excluding the provisions of this subparagraph. (D) Fair market value of 'landmark historic property' as such term is defined in subsection (a) of Code Section 48-5-7.3 means: (i) For the first eight years in which the property is classified as 'landmark historic property,' the value equal to the greater of the acquisition cost of the property or the appraised fair market value of the property as recorded in the county tax digest at the time certification on such property was received by the county board of tax assessors pursuant to subsection (c) of Code Section 48-5-7.3; (ii) For the ninth year in which the property is classified as 'landmark historic property,' the value of the property as determined by division (i) of this subparagraph plus one-half of the difference between such value and the current fair market value exclusive of the provisions of this subparagraph; and (iii) For the tenth and following years, the fair market value of such property as determined by the provisions of this paragraph, excluding the provisions of this subparagraph.
Timber shall be valued at its fair market value at the time of its harvest or sale in the manner specified in Code Section 48-5-7.5 sttbjeet te the following! .
{t)----Standing timber net having merchantable vahje shall have ae fear market value lor fld vflioFcm t&x purposes j And
{it) With respect te determining the merchantable atumpage value ef- standing timber, the te assessor ahall consider!
{I) Comparable stumpagc sales within the United States F-erest Service srvey writ classification which the county is located; and
\n/vitiicF iflctops pertinent m ftmvm ftt (tie mepen&ntciDIG stumpfigG v&iue

University ef Georgia Cooperative Extension Service, or 4he University ef GCOE-
grflidn LQJr^-JK-HriJrUill fvtrf tFJ\VJTrCo9atL PIXpCaofUMUirrurUnaSj nWrhIIiIrU-VMi UrlUntl/na 3aXh1CaUllI KWo? Jtv/ri(wJm V1rUlfCtfUl KVTyT tHh1eC- HfiIfxr/vrrurJnJOniI^U
{2} (4) 'Foreign merchandise in transit' means personal property of any description which has been or will be moved by waterborne commerce through any port located in this state and:
(A) Which has entered the export stream, although temporarily stored or warehoused in the county where the port of export is located; or
(B) Which was shipped from a point of origin located outside the customs territory of the United States and on which United States customs duties are paid at

WEDNESDAY, MARCH 13, 1991

2333

or through any customs district or port located in this state, although stored or warehoused in the county where the port of entry is located while in transit to a final destination."
Section 3. Said chapter is further amended by striking Code Section 48-5-6, relating to the return of property at fair market value, and inserting in its place a new Code Section 48-5-6 to read as follows:
"48-5-6. All property shall be returned for taxation at its fair market value except as otherwise provided in this chapter."
Section 4. Said chapter is further amended by adding immediately following subsection (c.l) of Code Section 48-5-7, relating to assessment of tangible property, new subsections (c.2) and (c.3) to read as follows:
"(c.2) Tangible real property which is devoted to bona fide conservation uses as defined in this chapter and which otherwise conforms to the conditions and limitations imposed in this chapter shall be assessed for property tax purposes at 40 percent of its current use value and shall be taxed on a levy made by each respective tax jurisdiction according to 40 percent of the property's current use value.
(c.3) Tangible real property located in a transitional developing area which is devoted to bona fide residential uses and which otherwise conforms to the conditions and limitations imposed in this chapter for bona fide residential transitional property shall be assessed for property tax purposes at 40 percent of its current use value and shall be taxed on a levy made by each respective tax jurisdiction according to 40 percent of the property's current use value."
Section 5. Said chapter is further amended by adding at the end of Code Section 48-5-7.1, relating to the preferential assessment of certain agricultural property, a new subsection (s) to read as follows:
"(s) Property which is subject to preferential assessment and which is subject to a covenant under this Code section may be changed from such covenant and placed in a covenant for bona fide conservation use under Code Section 48-5-7.4 if such property meets all of the requirements and conditions specified in Code Section 48-5-7.4. Any such change shall terminate the covenant under this Code section, shall not constitute a breach of the covenant under this Code section, and shall require the establishment of a new covenant period under Code Section 48-5-7.4. No property may be changed under this subsection more than once."
Section 6. Said chapter is further amended by adding immediately following Code Section 48-5-7.3 two new Code Sections 48-5-7.4 and 48-5-7.5 to read as follows:
"48-5-7.4. (a) For purposes of this article, the term 'bona fide conservation use property' means property described in and meeting the requirements of paragraph (1) or (2) of this subsection, as follows:
(1) Not more than 2,000 acres of tangible real property of a single owner, the primary purpose of which is any good faith production, including, but not limited to, subsistence farming or commercial production from or on the land of agricultural products or timber, subject to the following qualifications:
(A) Such property includes the value of tangible property permanently affixed to the real property which is directly connected to such owner's production of agricultural products or timber and which is devoted to the storage and processing of such agricultural products or timber from or on such real property;
(B) Such property excludes the entire value of any residence located on the property;
(C) Such property must be owned by: (i) One or more natural or naturalized citizens; (ii) An estate of which the devisees or heirs are one or more natural or natu-
ralized citizens; (iii) A trust of which the beneficiaries are one or more natural or naturalized
citizens;

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(iv) A family owned farm corporation, the controlling interest of which is owned by individuals related to each other within the fourth degree of civil reckoning, an estate of which the devisees or heirs are one or more natural or naturalized citizens, or a trust of which the beneficiaries are one or more natural or naturalized citizens and which derived 80 percent or more of its gross income from bona fide conservation uses within this state within the year immediately preceding the year in which eligibility is sought; or
(v) A bona fide nonprofit conservation organization designated under Section 501(c)(3) of the Internal Revenue Code; (D) Factors which may be considered in determining if such property is qualified may include, but not be limited to:
(i) The nature of the terrain;
(ii) The density of the marketable product on the land; (iii) The past usage of the land;
(iv) The economic merchantability of the agricultural product; and (v) The utilization or nonutilization of recognized care, cultivation, harvesting, and like practices applicable to the product involved and any implemented plans thereof; and (E) Such property shall, if otherwise qualified, include, but not be limited to, property used for: (i) Raising, harvesting, or storing crops; (ii) Feeding, breeding, or managing livestock; (iii) Producing plants, trees, fowl, or animals; or
(iv) Production of aquaculture, horticulture, floriculture, forestry, dairy, livestock, poultry, and apiarian products; and (2) Not more than 2,000 acres of tangible real property of a single owner of the
types of environmentally sensitive property specified in this paragraph and certified as such by the Department of Natural Resources if the primary use of such property is its maintenance in its natural condition and if such owner meets the qualifications
of subparagraph (C) of paragraph (1) of this subsection: (A) Environmentally sensitive areas, including any otherwise qualified land area
1,000 feet or more above the lowest elevation of the county in which such area is located that has a percentage slope, which is the difference in elevation between two points 500 feet apart on the earth divided by the horizontal distance between those
two points, of 25 percent or greater and shall include the crests, summits, and ridge tops which lie at elevations higher than any such area;
(B) Wetland areas that are determined by the United States Army Corps of Engineers to be wetlands under their jurisdiction pursuant to Section 404 of the federal Clean Water Act, as amended, or wetland areas that are depicted or deline-
ated on maps compiled by the Department of Natural Resources or the United States Fish and Wildlife Service pursuant to its National Wetlands Inventory Pro-
gram; (C) Significant ground-water recharge areas as identified on maps or data com-
piled by the Department of Natural Resources; (D) Undeveloped barrier islands or portions thereof as provided for in the fed-
eral Coastal Barrier Resources Act, as amended;
(E) Habitats as certified by the Department of Natural Resources as containing species that have been listed as either endangered or threatened under the federal
Endangered Species Act of 1973, as amended; and (F) River corridors which shall be defined as those undeveloped lands adjacent
to rivers and perennial streams that are within the 100 year flood plain as depicted on official maps prepared by the Federal Emergency Management Agency,
(b) The following additional rules shall apply to the qualification of conservation use property for current use assessment:
(1) When one-half or more of the area of a single tract of real property is used
for a qualifying purpose, then such tract shall be considered as used for such qualifying purpose unless some other type of business is being operated on the unused por-
tion; provided, however, that such unused portion must be minimally managed so that

WEDNESDAY, MARCH 13, 1991

2335

it does not contribute significantly to erosion or other environmental or conservation problems. The lease of hunting rights shall not constitute another type of business;
(2) The owner of a tract, lot, or parcel of land totaling less than ten acres may be required by the tax assessor to submit additional relevant records regarding proof of bona fide conservation use;
(3) No property shall qualify as bona fide conservation use property if such current use assessment would result in any person who has a beneficial interest in such property, including any interest in the nature of stock ownership, receiving in any tax year any benefit of current use assessment as to more than 2,000 acres. If any taxpayer has any beneficial interest in more than 2,000 acres of tangible real property which is devoted to bona fide conservation uses, such taxpayer shall apply for current use assessment only as to 2,000 acres of such land; and
(4) No property shall qualify as bona fide conservation use property if it is leased to a person or entity which would not be entitled to conservation use assessment under a net lease which obligates the lessee to pay the ad valorem taxes on the property.
(c) For purposes of this article, the term 'bona fide residential transitional property' means not more than five acres of tangible real property of a single owner which is private single-family residential owner occupied property located in a transitional developing area. Such classification shall apply to all otherwise qualified real property which is located in an area which is undergoing a change in use from single-family residential use to agricultural, commercial, industrial, office-institutional, multifamily, or utility use or a combination of such uses. Change in use may be evidenced by recent zoning changes, purchase by a developer, affidavits of intent, or close proximity to property which has undergone a change from single-family residential use. To qualify as residential transitional property, the valuation must reflect a change in value attributable to such property's proximity to or location in a transitional area.
(d) No property shall qualify for current use assessment under this Code section unless and until the owner of such property agrees by covenant with the appropriate taxing authority to maintain the eligible property in bona fide qualifying use for a period of ten years beginning on the first day of January of the year in which such property qualifies for such current use assessment and ending on the last day of December of the final year of the covenant period. After the owner has applied for and has been allowed current use assessment provided for in this Code section, it shall not be necessary to make application thereafter for any year in which the covenant period is in effect and current use assessment shall continue to be allowed such owner as specified in this Code section. Upon the expiration of any covenant period or any renewal covenant period, the property shall not qualify for further current use assessment under this Code section unless and until the owner of the property has entered into a renewal covenant for an additional period of ten years.
(e) A single owner shall be authorized to enter into more than one covenant under this Code section for bona fide conservation use property, provided that the aggregate number of acres of qualified property of such owner to be entered into such covenants does not exceed 2,000 acres. Any such qualified property may include a tract or tracts of land which are located in more than one county. A single owner shall be authorized to enter qualified property in a covenant for bona fide conservation use purposes and to enter simultaneously the residence located on such property in a covenant for bona fide residential transitional use if the qualifications for each such covenant are met. A single owner shall be authorized to enter qualified property in a covenant for bona fide conservation use purposes and to enter other qualified property of such owner in a covenant for bona fide residential transitional use.
(f) An owner shall not be authorized to make application for and receive current use assessment under this Code section for any property which at the time of such application is eligible for and receiving preferential assessment under Code Section 48-5-7.1.
(g) Except as otherwise provided in this subsection, no property shall maintain its eligibility for current use assessment under this Code section unless a valid covenant remains in effect and unless the property is continuously devoted to an applicable bona

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fide qualifying use during the entire period of the covenant. An owner shall be authorized to change the type of bona fide qualifying conservation use of the property to another bona fide qualifying conservation use and the penalty imposed by subsection (1) of this Code section shall not apply, but such owner shall give notice of any such change in use to the board of tax assessors.
(h) If any breach of a covenant occurs, the existing covenant shall be terminated and all qualification requirements must be met again before the property shall be eligible for current use assessment under this Code section.
(i) If ownership of all or a part of the property is acquired during a covenant period by a person or entity qualified to enter into an original covenant, then the original covenant may be continued by such acquiring party for the remainder of the term, in which event no breach of the covenant shall be deemed to have occurred.
(j) All applications for current use assessment under this Code section, including the covenant agreement required under this Code section, shall be filed on or before the last day for filing ad valorem tax returns in the county for the tax year for which such current use assessment is sought, except that in the case of property which is the subject of a reassessment by the board of tax assessors an application for current use assessment may be filed in conjunction with or in lieu of an appeal of the reassessment. An application for continuation of such current use assessment upon a change in ownership of all or a part of the qualified property shall be filed on or before the last date for filing tax returns in the year following the year in which the change in ownership occurred. Applications for current use assessment under this Code section shall be filed with the county board of tax assessors who shall approve or deny the application. If the application is denied, the board of tax assessors shall notify the applicant in the same manner that notices of assessment are given pursuant to Code Section 48-5-306. Appeals from the denial of an application by the board of tax assessors shall be made in the same manner that other property tax appeals are made pursuant to Code Section 48-5-311.
(k) The commissioner shall by regulation provide uniform application and covenant forms to be used in making application for current use assessment under this Code section. Such application shall include an oath or affirmation by the taxpayer that he is in compliance with the provisions of paragraphs (3) and (4) of subsection (b) of this Code section.
(1) A penalty shall be imposed under this subsection if during the period of the covenant entered into by a taxpayer the covenant is breached. The penalty shall be applicable to the entire tract which is the subject of the covenant and shall be twice the difference between the total amount of tax paid pursuant to current use assessment under this Code section and the total amount of taxes which would otherwise have been due under this chapter for each completed or partially completed year of the covenant period. Any such penalty shall bear interest at the rate specified in Code Section 48-2-40 from the date the covenant is breached.
(m) Penalties and interest imposed under this Code section shall constitute a lien against the property and shall be collected in the same manner as unpaid ad valorem taxes are collected. Such penalties and interest shall be distributed pro rata to each taxing jurisdiction wherein current use assessment under this Code section has been granted based upon the total amount by which such current use assessment has reduced taxes for each such taxing jurisdiction on the property in question as provided in this Code section.
(n) The penalty imposed by subsection (1) of this Code section shall not apply in any case where a covenant is breached solely as a result of:
(1) The acquisition of part or all of the property under the power of eminent domain;
(2) The sale of part or all of the property to a public or private entity which would have had the authority to acquire the property under the power of eminent domain; or
(3) The death of an owner who was a party to the covenant.
(o) The transfer of a part of the property subject to a covenant for a bona fide conservation use shall not constitute a breach of a covenant if:

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(1) The part of the property so transferred is used for single-family residential purposes, starting within one year of the date of transfer and continuing for the remainder of the covenant period, and the residence is occupied by a person who is related within the fourth degree of civil reckoning to an owner of the property subject to the covenant; and
(2) The part of the property so transferred, taken together with any other part of the property so transferred to the same relative during the covenant period, does not exceed a total of five acres; and in any such case the property so transferred shall not be eligible for a covenant for bona fide conservation use, but shall, if otherwise qualified, be eligible for current use assessment as residential transitional property and the remainder of the property from which such transfer was made shall continue under the existing covenant until a terminating breach occurs or until the end of the specified covenant period, (p) The following shall not constitute a breach of a covenant:
(1) Mineral exploration of the property subject to the covenant or the leasing of the property subject to the covenant for purposes of mineral exploration if the primary use of the property continues to be the good faith production from or on the land of agricultural products; or
(2) Allowing all or part of the property subject to the covenant to lie fallow or idle for purposes of any land conservation program, for purposes of any federal agricultural assistance program, or for other agricultural management purposes,
(q) In the following cases, the penalty specified by subsection (1) of this Code section shall not apply and the penalty imposed shall be the amount by which current use assessment has reduced taxes otherwise due for the year in which the covenant is breached, such penalty to bear interest at the rate specified in Code Section 48-2-40 from the date of the breach:
(1) Any case in which a covenant is breached solely as a result of the foreclosure of a deed to secure debt or the property is conveyed to the lienholder without compensation and in lieu of foreclosure, if: (A) the deed to secure debt was executed as a part of a bona fide commercial loan transaction in which the grantor of the deed to secure debt received consideration equal in value to the principal amount of the debt secured by the deed to secure debt; (B) the loan was made by a person or financial institution who or which is regularly engaged in the business of making loans; and (C) the deed to secure debt was intended by the parties as security for the loan and was not intended for the purpose of carrying out a transfer which would otherwise be subject to the penalty specified by subsection (1) of this Code section; or
(2) Any case in which a covenant is breached solely as a result of a medically demonstrable illness or disability which renders the owner of the real property physically unable to continue the property in the qualifying use, provided that the board of tax assessors shall require satisfactory evidence which clearly demonstrates that the breach is the result of a medically demonstrable illness or disability,
(r) Property which is subject to current use assessment under this Code section shall be separately classified from all other property on the tax digest; and such separate classification shall be such as will enable any person examining the tax digest to ascertain readily that the property is subject to current use assessment under this Code section. Covenants shall be public records and shall be indexed and maintained in such manner as will allow members of the public to locate readily the covenant affecting any particular property subject to current use assessment under this Code section. Based on information submitted by the county boards of tax assessors, the commissioner shall maintain a central registry of conservation use property, indexed by owners, so as to ensure that the 2,000 acre limitations of this Code section are complied with on a statewide basis.
(B) The commissioner shall annually submit a report to the Governor and the House Ways and Means, Natural Resources, and Agriculture and Consumer Affairs committees and the Senate Finance and Public Utilities, Natural Resources, and Agriculture committees and shall make such report available to other members of the General Assembly, which report shall show the fiscal impact of the assessments provided for in this Code

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section. The report shall include the amount of assessed value eliminated from each county's digest as a result of such assessments; approximate tax dollar losses, by county, to all local governments affected by such assessments; and any recommendations regarding state and local administration of this Code section, with emphasis upon enforcement problems, if any, attendant with this Code section. The report shall also include any other data or facts which the commissioner deems relevant.
48-5-7.5. (a) Standing timber shall be assessed for ad valorem taxation only once and such assessment shall be made following its harvest or sale as provided for in this Code section. Such timber shall be assessed at 100 percent of its fair market value and shall be taxed on a levy made by each respective taxing jurisdiction according to such 100 percent fair market value. Such assessment shall be made in the county where the timber was grown and shall be taxable by that county and any other taxing jurisdiction therein in which the timber was grown.
(b) For purposes of this Code section, the term 'sale' of timber shall mean the arms length, bona fide sale of standing timber for harvest separate and apart from the underlying land and shall not include the simultaneous sale of a tract of land and the timber thereon.
(c) Lump sum sales.
(1) Where standing timber is sold, in an arms length, bona fide sale, by timber deed, contract, lease, agreement, or otherwise to be harvested within a three-year period after the date of the sale and for a lump sum price, so much of said timber as will be harvested within three years shall be assessed for taxation as of the date of the sale. The fair market value of such timber for purposes of ad valorem taxation shall be the lump sum price paid by the purchaser in the arms length, bona fide sale. Any timber described in any sale instrument which is not harvested within three years after the date of the sale shall later be assessed again for taxation following its future harvest or sale. Ad valorem taxes shall be payable by the seller and shall be calculated by multiplying the 100 percent fair market value of the timber times the millage rate applicable at the time of the sale. Immediately upon receipt by the seller of the purchase price, the seller shall remit to the purchaser the amount of ad valorem tax due on the sale, in the form of a negotiable instrument payable to the tax collector or tax commissioner. Such negotiable instrument shall be remitted by the purchaser to the tax collector or tax commissioner not later than five days after receipt of the tax from the seller. A purchaser failing to make such remittance shall be personally liable for the tax. With said remittance, the purchaser shall present to the board of tax assessors and to the tax collector or tax commissioner a report of the sale showing the lump sum sales price of the standing timber, the date of sale, the addresses of the seller and purchaser, and the location of the standing timber in the county. The tax collector or tax commissioner shall collect from the purchaser the seller's negotiable instrument in payment of the tax; and a receipt showing payment of the tax shall promptly be delivered by the tax collector or tax commissioner to the seller.
(2) Upon request of the purchaser, the tax collector or tax commissioner shall enter upon or attach to the instrument conveying the standing timber a certification that the ad valorem tax has been paid, the date, and the amount of the tax. The certificate shall be signed by the tax collector or tax commissioner or his deputy. The purchaser may then present the instrument together with the certificate to the clerk of superior court of the county or counties in which the standing timber is located, who shall then file the instrument for record. The ad valorem tax levied under this subsection on lump sum sales of standing timber shall be paid to the tax collector or tax commissioner prior to and as a prerequisite to the filing for record of the instrument with the clerk of superior court, and the clerk shall not be permitted to file the instrument for record unless the instrument discloses on its face the proper certificate showing that the tax has been paid; and the certificate shall be recorded with the instrument.
(d) Unit price sales.
(1) Any person purchasing standing timber, in an arms length, bona fide sale, by timber deed, contract, lease, agreement, or otherwise by unit prices shall furnish a

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report to the seller and the county board of tax assessors within 45 days after the end of each calendar quarter. The report shall show the total dollar value of standing timber paid to the seller and the volume, in pounds, if available, or measured volume, of softwood and hardwood pulpwood, chip and saw logs, saw timber, poles, and posts harvested. Such report shall include such data through the last business day of the calendar quarter, the names and addresses of the seller and the purchaser, and the location of the harvested timber. A copy of such report shall also be furnished by the seller to the tax assessors within 60 days after the end of the calendar quarter. The fair market value of such timber for purposes of ad valorem taxation shall be the unit prices paid by the purchaser in the arms length, bona fide sale. Ad valorem taxes shall be payable by the seller in the unit price sales transaction as provided in subsection (h) of this Code section and shall be calculated by multiplying the 100 percent fair market value of the timber times the millage rate applicable at the time of the harvest.
(2) Reports to the tax assessors shall be confidential, shall not be revealed to any person other than authorized tax officials, and shall be exempt from disclosure under Article 4 of Chapter 18 of Title 50.
(e) Owner harvests. Owners of real property in this state who harvest standing timber from their own lands shall report the volume, in pounds, if available, or measured volume, of softwood and hardwood pulpwood, chip and saw logs, saw timber, poles, and fuel wood harvested through the last business day of each calendar quarter from said lands to the tax assessors within 45 days after the end of each calendar quarter. Such reports shall also identify the location of the tract from which the standing timber was harvested. The fair market value of such timber for purposes of ad valorem taxation shall be as determined under subsection (g) of this Code section. Ad valorem taxes shall be paid by the landowner as provided in subsection (h) of this Code section and shall be calculated by multiplying the 100 percent fair market value of the timber times the millage rate applicable at the time of the harvest.
(f) Other sales and harvests. Every sale and every harvest of timber not previously taxed (excepting only a sale not for harvest within three years) shall be a taxable event. If any such sale or harvest is not a reportable taxable event described under subsection (c), (d), or (e) of this Code section, such timber shall be subject to ad valorem taxation under this subsection; and such sale or harvest shall be reported and taxed under the provisions of subsection (c), (d), or (e) of this Code section, whichever is most nearly applicable.
(g) The commissioner, based upon comparable sales data from the Georgia Forestry Commission, shall provide the tax assessors of each county with the weighted average price paid, in pounds and measured volume, during each calendar quarter for softwood and hardwood pulpwood, chip and saw logs, saw timber, poles, and fuel wood in each county or multicounty area within 60 days of the end of each calendar quarter. The most recent weighted average prices provided by the commissioner shall be applied by the tax assessors to the volume of wood removals reported as provided in this Code section to determine the fair market value of timber harvested other than under a taxable lump sum sale or taxable unit price sale.
(h) (1) Based on the reports and data provided under subsections (d), (e), (f), and (g) of this Code section, the tax assessors shall on a quarterly basis mail tax bills for sales and harvests other than lump sum sales. Ad valorem taxes on such sales and harvests shall be payable by the landowner within 30 days of receipt of the bill from the tax collector or tax commissioner.
(2) Any ad valorem tax or penalty which is not timely paid as provided in this Code section shall bear interest at the rate specified in Code Section 48-2-40 from the due date. Unpaid taxes, penalty, and interest imposed under this Code section shall constitute a lien against the property of the person responsible for payment of such tax and shall be collected in the same manner as other unpaid ad valorem taxes are collected.
(i) The millage rate applicable at the time of sale or the time of harvest of standing timber shall be the millage rate for the preceding year until the county adopts a millage

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rate for the current year, whereupon the newly adopted millage rate shall be applicable beginning on the first day of the calendar quarter immediately succeeding the calendar quarter in which the new rate was adopted.
(j) Any person who fails to timely make any report or disclosure required by this Code section shall pay a penalty of 50 percent of the tax due, except that if the failure to comply is unintentional and the report or disclosure is filed within 12 months after the due date the amount of the penalty shall be 1 percent for each month or part of a month that the report or disclosure is late.
(k) Forms for reports required by this Code section shall be supplied to each county by the department.
(1) (1) In any county in which the ad valorem taxation of timber pursuant to this Code section reduces the total property tax digest of such county for tax year 1992 by more than 20 percent of the amount of the total property tax digest of such county for the immediately preceding taxable year, such digest shall be supplemented as follows:
(A) The difference between the total property tax digest for the county and the total property tax digest less the total assessed value of standing timber removed from the digest shall be calculated;
(B) The difference calculated under subparagraph (A) of this paragraph shall be reduced by the fair market value of sold or harvested timber; and
(C) If the amount calculated under subparagraph (B) of this paragraph is more than 20 percent of the amount of the total property tax digest of such county for the immediately preceding taxable year, the resulting amount shall be assigned and taxed on a levy made by the tax officials of such county in a pro rata manner against the land underlying the standing timber so removed from the digest.
(2) Where a digest is so supplemented for tax year 1992, it shall be supplemented in subsequent years as follows:
(A) For tax year 1993, such supplemental assessment shall be in an amount equal to 75 percent of the supplemental assessment received for tax year 1992;
(B) For tax year 1994, such supplemental assessment shall be in an amount equal to 50 percent of the supplemental assessment received for tax year 1992;
(C) For tax year 1995, such supplemental assessment shall be in an amount equal to 25 percent of the supplemental assessment received for tax year 1992; and
(D) For tax year 1996 and future tax years, no supplemental assessment shall be received.
(m) (1) Any supplemental assessment added to a digest pursuant to subsection (1) of this Code section shall not be included in the calculation of the equalized adjusted school property tax digest under Code Section 48-5-274 for the purpose of calculating the required local fair share for school funding purposes under Code Section 20-2-164.
(2) The fair market value of timber harvested or sold added to a digest pursuant to this Code section shall be included in the calculation of the equalized adjusted school property tax digest under Code Section 48-5-274 for the purpose of calculating the required local fair share for school funding purposes under Code Section 20-2-164."

Section 7. Said chapter is further amended by striking Code Section 48-5-32, relating to publication by counties of ad valorem tax rates, and inserting in its place a new Code Section 48-5-32 to read as follows:
"48-5-32. (a) As used in this Code section, the term: (1) 'Ad valorem tax' or 'property tax' means a tax imposed upon the assessed value
(2) 'Governing authority' means that official or group of officials responsible for the governing of a taxing jurisdiction.
(3) 'Millage' or 'millage rate' means the levy, in mills, which is established by the governing authority for purposes of financing, in whole or in part, the taxing jurisdiction's expenses for their fiscal year.

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(4) 'Taxing jurisdiction' means a county or municipality, a county, independent, or area school district, or a consolidated city-county government or other political subdivision of the state which exercises the power to levy or which causes to be levied ad valorem taxes to carry out its purposes. (b) At least two weeks prior to the establishment of the millage rate for ad valorem tax purposes for the current calendar year, the governing authority of each county taxing jurisdiction shall cause a report to be published in a newspaper of general circulation which is the legal orgeat of sack county throughout the county serving residents of the taxing jurisdiction. Such report shall be in a prominent location in such newspaper and shall not be included with legal advertisements. The size and location of the advertisement shall not be grounds for contesting the validity of the levy. Such report shall contain the following:
{!) The assessed taxable value of all property, by class and in total, which is subject to ad valorem taxation for eewrty purposes the support of the taxing jurisdiction for the current calendar year and such assessed taxable values and the millage rates for county purposes the support of the taxing jurisdiction for each of the immediately preceding five fiscal calendar years within the taxing jurisdiction, as well as the total dollar amount of ad valorem tax revenue for eeanty purposes the support of the taxing jurisdiction for each of the immediately preceding five calendar years. The information required for each year specified in this paragraph shall also indicate the percentage increase and total dollar increase with respect to the immediately preceding calendar year.; and
{2) The aoacsscd taxable value of- aU property, by class and- in total, which sebjeet te ad valorem taxation for seheeJ purposed far the current calendar year and such oaacaacd taxable vetoes and the millage rates for school purposes for the immediately prcccdin live ecu6XIQAP ycftrs wittiin tn& toxiD junscrictIOR^ sts wen fts uifi totdi Qoiiflr
preceding five calendar year* (c) Collection of property taxes by any taxing jurisdiction failing to publish the report as required bjf this Code section may be enjoined until such time as the report is published. Any property owner of the taxing jurisdiction which fails to make the report required shall have standing to seek said injunction. (d) This Code section shall not supersede any existing or future local law dealing with the subject of property tax advertisements; and differing property tax advertising requirements may be imposed by local law in addition to or in lieu of the requirements of this Code section."
Section 8. Said chapter is further amended by striking Code Section 48-5-33, relating to inclusion of standing timber as part of real property, which reads as follows:
"48-5-33. In the returning, appraisal, and assessment of tangible property, standing timber shall be included for all purposes as a part of the real property upon which it is located, and such standing timber shall not constitute a separate stratum of property.", and inserting in its place the following:
"48-5-33. Reserved."
Section 9. Said chapter is further amended by striking Code Section 48-5-269, relating to rules and regulations concerning appraisal and assessment of property, and inserting in its place a new Code section to read as follows:
"48-5-269. {a) Subject to the limitations contained in Chapter 2 of this title, the commissioner may promulgate rules and regulations specifically regarding this part, including, but not limited to, the following:
(1) Prescription of the forms, books, and records to be used for standard property tax reporting for all taxing units, including, but not limited to, the forms, books, and records to be used in the listing, appraisal, and assessment of property and how the forms, books, and records shall be compiled and kept;
(2) Prescription of the form and content of state-wide, uniform appraisal and assessment forms, books, and manuals;

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(3) Development and prescription of procedures under which property sales ratio surveys shall be conducted; and
(4) Prescription of methods and procedures by which identification data, appraisal and assessment data, sales data, and any other information relating to the appraisal and assessment of property shall be furnished to the department using electronic data-processing data processing systems and equipment. (b) The commissioner shall promulgate after consultation with the Department of Agriculture, the Georgia Agricultural Statistical Service, the Georgia Forestry Commission, the Department of Natural Resources, and the Cooperative Extension Service, and county tax officials shall follow in arriving at current use value of bona fide conservation use property, uniform rules and regulations governing the appraisal of such property. Such rules and regulations shall apply to the evaluation of bona fide conservation use property, exclusive of any improvements thereon, which improvements shall have their current use value determined as otherwise provided by law. Such rules and regulations shall include, but not be limited to, the following provisions and criteria:
(1) Sales data of comparable real property with the same existing use and per-acre property values determined by the capitalization of net income, with sales data and income capitalization values to be weighted equally. Income capitalization values shall be derived from the respective conservation use property classifications, with consideration given to productivity of the respective major geological or geographical regions,
and for this purpose: (A) Net income shall be determined for: (i) Crop land bj[ calculating the five-year weighted average of per-acre net income from the major predominant acreage crops harvested in Georgia, and as used in this division, the term 'predominant acreage crops' means the top acreage crops with production in no less than 125 counties of the state; (ii) Pasture property by calculating a five-year weighted average of per-acre rental rates from pasture land; and (iii) Forest property by calculating a five-year weighted average of per-acre net income from hardwood and softwood harvested in Georgia; and (B) The capitalization rate shall be based upon: (i) The long-term financing rate available on January 1 from the Regional Federal Land Bank located in Columbia, South Carolina, and published pursuant to 26 U.S.C. Section 2032A(e)(7)(A)(ii), further referenced by. regulations 26 C.F.R. 20.2032A-4(e); (ii) The arithmetic mean of Federal Farm Credit bond yields, whose maturity is no less than five years in the future, as published in the Wall Street Journal on January 1 or the most recent business day of the current year, rounded to the nearest hundredth; and (iii) For the purpose of determining the income capitalization rate, divisions (i) and (ii) of this subparagraph shall be given weighted influences of 80 percent and
20 percent, respectively; (2) The state may be divided into appropriate geographical regions for the purpose of determining any calculation under this subsection; and (3) Environmentally sensitive properties as certified by the Department of Natural Resources shall be valued according to the average value determined for property of the same or similar soil type, as determined under paragraphs (1) and (2) of this subsection."
Section 10. Said chapter is further amended by striking subsection (a) of Code Section 48-5-274, relating to the establishment of the equalized adjusted school property tax digest, and inserting in its place a new subsection (a) to read as follows:
"(a) The state auditor shall establish on a continuing basis, no later than November 15 in each year, an equalized adjusted school property tax digest for each county in the state and for the state as a whole for the current calendar year. All real and personal property exempted from taxation for school purposes shall be excluded from the digest. The state auditor may establish a unit within the Department of Audits and Accounts consisting of such number of personnel as is deemed necessary in order to establish and

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maintain on a continuing basis the equalized adjusted school property tax digest. The equalized adjusted school property tax digest shall be established and maintained as follows:
(1) Determine the locally assessed valuation of the county property tax assessment digest for the preceding calendar year, exclusive of real and personal property exempted from taxation for school purposes and of railroad equipment company property shown on the county railroad equipment company property tax digest2 exclusive of any property subject to current use valuation on the county property tax digest, and exclusive of the locally assessed valuation of timber harvested or sold;
(1.1) Determine the locally assessed valuation for timber harvested or sold during the calendar year;
(2) Divide the sum of the locally assessed valuation of the county property tax assessment digest under paragraph (1) of this subsection by the ratio of assessed value to true value of the property established by the state auditor in accordance with paragraph (5) of this subsection;
(3) Determine the sum of the assessed valuation of the county railroad equipment company property tax digest for the preceding calendar year and divide such sum by the equalization ratio for the year established by the commissioner for the purpose of assessing railroad equipment company properties throughout the state;
(3.1) Determine the sum of the assessed current use valuation of the county property tax digest;
(4) The total of the sums obtained through the calculations prescribed in paragraphs (1.1), (2)j and (3)z and (3.1) of this subsection shall be known as the current equalized adjusted school property tax digest of the county. The sum of the current equalized adjusted school property tax digest of all counties of the state combined shall be known as the current equalized adjusted school property tax digest for the state as a whole; and
(5) Establish for each county in the state the average ratio of assessed value to true value of county property subject to taxation for school purposes, excluding railroad equipment company property. The ratio shall be determined by establishing the ratio of assessed value to sales price for a representative number of parcels of real property title to which was transferred during a preceding period of time, such period to be determined by the state auditor, and by establishing the average ratio of assessed value to sales price for the county as a whole based upon a representative number of usable transactions studied. The representative number of parcels of real property used for the study shall not include any parcel title to which was transferred pursuant to the exercise of the power of eminent domain. No single parcel included in the study shall have a sales price which exceeds 10 percent of the total sales price of all parcels included in the study. The state auditor shall supplement realty sales price data available in any county with actual appraisals of a representative number of parcels of farm property and industrial and commercial property located within the county, the title to which was not transferred within the period of time determined by the state auditor. The state auditor may make appraisals on other types of real property located within the county when adequate reliable sales data cannot be obtained on such property. The state auditor shall use the same ratio for other personal property, excluding motor vehicles, within the county as is finally determined for real property within the county."
Section 11. Code Section 12-2-4 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Natural Resources, is amended by adding at its end a new subsection (k) to read as follows:
"(k) The department shall without any fee therefor accept applications for certification of environmentally sensitive conservation use property as provided for in Code Section 48-5-7.4 and shall certify property to local boards of tax assessors as meeting or not meeting the criteria of such Code section."
Section 12. Code Section 20-2-164 of the Official Code of Georgia Annotated, relating to local fair share funds, is amended by striking subsection (a) and inserting in its place a new subsection (a) to read as follows:

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"(a) The State Board of Education shall calculate the amount of local fair share funds that each local school system shall be required to spend each fiscal year to support the Quality Basic Education Program; provided, however, that the local fair share for any local school system shall not exceed one-half of the amount calculated pursuant to paragraph (1) of subsection (a) of Code Section 20-2-166. The amount of each local school system's local fair share shall be calculated as follows:
(1) Multiply 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 Ai 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;
(2) From the product amount calculated in paragraph (1) of this subsection deduct the total amount calculated pursuant to subsection (g) of this Code section; and
(3) Multiply the remainder calculated in paragraph (2) of this subsection by .005."
Section 13. To assist counties and boards of education in planning, volumes of standing timber harvested in each county through the last business day of the second and third quarters of 1991 shall be reported by the purchaser, or by the harvester if there is no purchaser, to the tax assessors of the county or counties in which the timber was harvested by November 15, 1991. Such reports shall show the number of pounds, if available, or measured volume of softwood and hardwood pulpwood, chip and saw logs, saw timber, poles, and fuel wood so harvested. The commissioner, based upon data from the Georgia Forestry Commission, shall provide the tax assessor of each county with the table of taxes due per unit volume as enumerated in subsection (b) of Code Section 48-5-7.5 no later than November 15, 1991.
Section 14. This Act shall be applicable beginning January 1, 1992, with respect to ad valorem taxation of timber and shall be applicable beginning January 1, 1993, for all other purposes, except that Section 13 of this Act shall become effective immediately upon its becoming law. Taxation for prior periods shall continue to be governed by prior law.
Section 15. All laws and parts of laws in conflict with this Act are repealed.

Representative Dover of the llth moved that the House disagree to the Senate substitute to HB 283.
The motion prevailed.

HB 420. By Representative Hammond of the 20th:
A bill to amend Code Section 48-13-51 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 provide authorization with certain conditions for certain counties and municipalities to levy such tax.

The following Senate substitute was read:

A BILL
To amend Code Section 48-13-51 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 provide authorization with certain conditions for certain counties and municipalities to levy such tax; to provide for requirements and limitations with respect thereto; to provide for related matters; 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. Code Section 48-13-51 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, is amended by striking paragraphs (1) and (2) of subsection (a) and inserting in their place new paragraphs (1) and (2) to read as follows:
"(1) The governing authority of each municipality in this state may levy and collect an excise tax upon the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the municipality for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, or any other place in which rooms, lodgings, or accommodations are regularly furnished for value. Within the territorial limits of the special district located within the county, each county in this state may levy and collect an excise tax upon the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the county for operating within the special district a hotel, motel, inn, lodge, tourist camp, tourist cabin, or any other place in which rooms, lodgings, or accommodations are regularly furnished for value. No tax shall be levied as provided in this Code section upon the fees or charges for any rooms, lodgings, or accommodations furnished for a period of more than ten consecutive days or for use as meeting rooms. No tax shall be levied as provided in this Code section upon the fees or charges for any rooms, lodgings, or accommodations furnished for a period of one or more days for use by Georgia state or local government officials or employees when traveling on official business. Except as provided in paragraphs (3), (4), atd (5)2 and (5.1) of this subsection, no tax levied pursuant to this Code section shall be levied or collected at a rate exceeding 3 percent of the charge to the public for the furnishings.
(2) A county or municipality levying a tax as provided in paragraph (1) of this subsection shall in each fiscal year beginning on or after July 1, 1987, expend for the purpose of promoting tourism, conventions, and trade shows a percentage of the total taxes collected under this Code section which is not less than the percentage of such tax collections expended for such purposes during the immediately preceding fiscal year. In addition, if during such immediately preceding fiscal year any portion of such tax receipts was expended for such purposes through a grant to or a contract or contracts with the state, a department of state government, a state authority, or a private sector nonprofit organization, then in each fiscal year beginning on or after July 1, 1987, at least the same percentage shall be expended through a contract or contracts with one or more such entities for the purpose of promoting tourism, conventions, and trade shows. The expenditure requirements of this paragraph shall cease to apply to a county or municipality which levies a tax at a rate in excess of 3 percent, as authorized under paragraphs (3), (4), and (5)2 and (5.1) of this subsection; and in such case the expenditure requirements of paragraph (3) or (4) or (5) or (5.1) of this subsection shall apply instead."
Section 2. Said Code section is further amended by adding a new paragraph immediately following paragraph (5) of subsection (a), to be designated paragraph (5.1), to read as follows:
"(5.1) Notwithstanding any other provision of this subsection, a county (within the the territorial limits of the special district located within the county) and the municipalities within a county in which a coliseum and exhibit hall authority has been created by local Act of the General Assembly for a county and one or more municipalities therein, and which local coliseum and exhibit hall authority is in existence on or before January 1, 1991, and which local coliseum and exhibit hall authority has not constructed or operated any facility before January 1, 1991, may levy a tax under this Code section at a rate of 8 percent. A county or municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph (5.1)) an amount equal to at least 62 lh percent of the total taxes collected at the rate of 8 percent for the purpose of: (A) promoting tourism, conventions, and trade shows; (B) funding, supporting, acquiring, constructing, renovating, improving, and equipping

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buildings, structures, and facilities, including, but not limited to, a coliseum, exhibit hall, conference center, performing arts center, or any combination thereof, for convention, trade show, athletic, musical, theatrical, cultural, civic, and performing arts purposes and other events and activities for similar and related purposes, acquiring the necessary property therefor, both real and personal, and funding all expenses incident thereto, and supporting, maintaining, and promoting such facilities owned, operated, or leased by or to the local coliseum and exhibit hall authority; or (C) for some combination of such purposes; provided, however, that at least 50 percent of the total taxes collected at the rate of 8 percent shall be expended for the purposes specified in subparagraph (B) of this paragraph (5.1). Amounts so expended shall be expended only through a contract or contracts with the state, a department of state government, a state authority, a convention and visitors bureau authority created by local Act of the General Assembly for a municipality, a local coliseum and exhibit hall authority, or a private sector nonprofit organization or through a contract or contracts with some combination of such entities. The aggregate amount of all excise taxes imposed under this paragraph (5.1) and all sales and use taxes, and other taxes imposed by a county or municipality, or both, shall not exceed 13 percent. Any tax levied pursuant to this paragraph (5.1) shall terminate not later than December 31, 2028, provided that during any period during which there remains outstanding any obligation issued to fund a facility as contemplated by this paragraph (5.1), secured in whole or in part by a pledge of a tax authorized under this Code section, the powers of the counties and municipalities to impose and distribute the tax imposed by this paragraph (5.1) shall not be diminished or impaired by the state and no county or municipality levying the tax imposed by this paragraph (5.1) shall cease to levy the tax in any manner that will impair the interests and rights of the holder of any such obligation. This proviso shall be for the benefit of the holder of any such obligation and, upon the issuance of any such obligation by a local coliseum and exhibit hall authority, shall constitute a contract with the holder of such obligation. Notwithstanding any other provision of this Code section to the contrary, as used in this paragraph (5.1), the term: 'fund' or 'funding' shall include the cost and expense of all things deemed necessary by a local coliseum and exhibit hall authority for the construction and operation of a facility or facilities including but not limited to the study, operation, marketing, acquisition, construction, financing, including the payment of principal and interest on any obligation of the local coliseum and exhibit hall authority and any obligation of the local coliseum and exhibit hall authority to refund any prior obligation of the local coliseum and exhibit hall authority, development, extension, enlargement, or improvement of land, waters, property, streets, highways, buildings, structures, equipment, or facilities and the repayment of any obligation incurred by an authority in connection therewith; 'obligation' shall include bonds, notes, or any instrument creating an obligation to pay or reserve moneys and having an initial term of not more than 37 years; and 'facility' or 'facilities' shall mean any of the buildings, structures, and facilities described in subparagraph (B) of this paragraph (5.1) and any associated parking areas or improvements originally owned or operated incident to the ownership or operation of such facility used for any purpose or purposes specified in subparagraph (B) of this paragraph (5.1) by a local coliseum and exhibit hall authority."
Section 3. Said Code section is further amended by striking paragraph (6) of subsection (a) and inserting in its place a new paragraph (6) to read as follows:
"(6) At no time shall a county or municipality levy a tax under more than one paragraph of this subsection. Following the termination of a tax under paragraph (5) or (5.1) of this subsection, any county or municipality which has levied a tax pursuant to paragraph (5) or (5.1) of this subsection shall be authorized to levy a tax in the manner and at the rate authorized by either paragraph (1), paragraph (3), or paragraph (4) of this subsection but shall not thereafter be authorized to again levy a tax under paragraph (5) or (5.1) of this subsection."
Section 4. Said Code section is further amended by striking paragraphs (9) and (10) of subsection (a) and inserting in their place new paragraphs (9) and (10) to read as follows:

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"(9) (A) A county or municipality imposing a tax under paragraph (1), (2), (3), (4), er (5)j or (5.1) of this subsection shall prior to the imposition of the tax (if the tax is imposed on or after July 1, 1990) and prior to each fiscal year thereafter in which the tax is imposed adopt a budget plan specifying how the expenditure requirements of this Code section will be met. Prior to the adoption of such budget plan, the county or municipality shall obtain from the authorized entity with which it proposes to contract to meet the expenditure requirements of this Code section a budget for expenditures to be made by such organization; and such budget shall be made a part of the county or municipal budget plan.
(B) The determination as to whether a county or municipality has complied with the expenditure requirements of paragraph (2), (3), (4), ef (5)t or (5.1) of this subsection shall be made for each fiscal year beginning on or after July 1, 1987, as of the end of each fiscal year, shall be prominently reflected in the audit required under Code Section 36-81-7, and shall be determined by: (A) calculating the amount of funds expended or contractually committed for expenditure as provided in paragraph (2), (3), (4), or (5)j or (5.1) of this subsection, whichever is applicable, during the fiscal year; and (B) expressing such amount as a percentage of tax receipts under this Code section during such fiscal year. A county or municipality contractually expending funds to meet the expenditure requirements of paragraph (2), (3), (4), ef (5)z or (5.1) of this subsection shall require the contracting party to provide audit verification that the contracting party makes use of such funds in conformity with the requirements of this subsection. (10) Nothing in this article shall be construed to limit the power of a county or municipality to expend more than the required amounts, or all, of the total taxes collected under this Code section for the purposes described in paragraph (2), (3), (4), ef (5)2 or (5.1) of this subsection."
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.

The following House substitute to the Senate substitute was read and adopted:

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 provide authorization with certain conditions for certain counties and municipalities to levy such tax; to provide for requirements and limitations with respect thereto; to change certain provisions relating to the collection, remittance, and expenditure of such excise tax with respect to certain lodges operated under the jurisdiction of the Department of Natural Resources; to provide for related matters; to provide for severability; 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 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, is amended by striking paragraphs (1) and (2) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, and inserting in their place new paragraphs (1) and (2) to read as follows:
"(1) The governing authority of each municipality in this state may levy and collect an excise tax upon the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the municipality for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, or any other place in which rooms, lodgings, or accommodations are regularly furnished for value. Within the territorial limits of the special

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district located within the county, each county in this state may levy and collect an excise tax upon the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the county for operating within the special district a hotel, motel, inn, lodge, tourist camp, tourist cabin, or any other place in which rooms, lodgings, or accommodations are regularly furnished for value. No tax shall be levied as provided in this Code section upon the fees or charges for any rooms, lodgings, or accommodations furnished for a period of more than ten consecutive days or for use as meeting rooms. No tax shall be levied as provided in this Code section upon the fees or charges for any rooms, lodgings, or accommodations furnished for a period of one or more days for use by Georgia state or local government officials or employees when traveling on official business. Except as provided in paragraphs (3), (4), (4.1), and (5)2 and (5.1) of this subsection, no tax levied pursuant to this Code section shall be levied or collected at a rate exceeding 3 percent of the charge to the public for the furnishings.
(2) A county or municipality levying a tax as provided in paragraph (1) of this subsection shall in each fiscal year beginning on or after July 1, 1987, expend for the purpose of promoting tourism, conventions, and trade shows a percentage of the total taxes collected under this Code section which is not less than the percentage of such tax collections expended for such purposes during the immediately preceding fiscal year. In addition, if during such immediately preceding fiscal year any portion of such tax receipts was expended for such purposes through a grant to or a contract or contracts with the state, a department of state government, a state authority, or a private sector nonprofit organization, then in each fiscal year beginning on or after July 1, 1987, at least the same percentage shall be expended through a contract or contracts with one or more such entities for the purpose of promoting tourism, conventions, and trade shows. The expenditure requirements of this paragraph shall cease to apply to a county or municipality which levies a tax at a rate in excess of 3 percent, as authorized under paragraphs (3), (4), (4.1), and (5)2 and (5.1) of this subsection; and in such case the expenditure requirements of paragraph (3) or (4) or (4.1) or (5) or (5.1) of this subsection shall apply instead."
Section 2. Said article is further amended by adding a new paragraph immediately following paragraph (4) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, to be designated paragraph (4.1), to read as follows:
"(4.1) Notwithstanding any other provision of this subsection, a county (within the territorial limits of the special district located within the county) or municipality within a county in which a coliseum authority has been created by local Act of the General Assembly and which authority is in existence on or before July 1, 1963, for the purpose of owning or operating a facility, may levy a tax under this Code section at a rate of 7 percent. A county or municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph (4.1)) an amount equal to at least 62 V4 percent of the total taxes collected at the rate of 7 percent for the purpose of: (A) promoting tourism, conventions, and trade shows; (B) funding and supporting a facility owned or operated by such coliseum authority; or (C) for some combination of such purposes. Amounts so expended shall be expended only through a contract or contracts with the state, a department of state government, a state authority, a convention and visitors bureau authority created by local Act of the General Assembly for a municipality, a local coliseum authority, or a private sector nonprofit organization, or through a contract or contracts with some combination of such entities, except that amounts expended for purpose (B) may be so expended in any otherwise lawful manner without the necessity of a contract. The aggregate amount of all excise taxes imposed under this paragraph (4.1) and all sales and use taxes, and other taxes imposed by a county or municipality, or both, shall not exceed 12 percent. Any tax levied pursuant to this paragraph (4.1) shall terminate not later than December 31, 2028, provided that during any period during which there remains outstanding any obligation which is incurred prior to January 1, 1995, issued to fund a facility as contemplated by this paragraph (4.1), and secured in whole or in part by a pledge of a tax authorized under this Code section, the powers of the counties and municipalities to impose and

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distribute the tax imposed by this paragraph (4.1) shall not be diminished or impaired by the state and no county or municipality levying the tax imposed by this paragraph (4.1) shall cease to levy the tax in any manner that will impair the interest and rights of the holders of any such obligation. This proviso shall be for the benefit of the holder of any such obligation and, upon the issuance of any such obligation by a coliseum and exhibit hall authority, shall constitute a contract with the holder of such obligations. Notwithstanding any other provision of this Code section to the contrary, as used in this paragraph (4.1), the term: "fund" and "funding" shall include the cost and expense of all things deemed necessary by a local coliseum authority for the construction, renovation, and operation of a facility including but not limited to the study, operation, marketing, acquisition, construction, finance, development, extension, enlargement, or improvement of land, waters, property, streets, highways, buildings, structures, equipment, or facilities, and the repayment of any obligation incurred by a local coliseum authority in connection therewith; 'obligation' shall include bonds, notes, or any instrument creating an obligation to pay or reserve moneys incurred prior to January 1, 1995, and having an initial term of not more than 30 years; and 'facility' shall mean a coliseum or other facility and any associated parking areas or improvements originally owned or operated incident to the ownership or operation of a facility used for convention and trade show purposes or amusement purposes, educational purposes, or a combination thereof and for fairs, expositions, or exhibitions in connection therewith by a local coliseum authority."
Section 3. Said article is further amended by adding a new paragraph immediately following paragraph (5) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, to be designated paragraph (5.1), to read as follows:
"(5.1) Notwithstanding any other provision of this subsection, a county (within the the territorial limits of the special district located within the county) and the municipalities within a county in which a coliseum and exhibit hall authority has been created by local Act of the General Assembly for a county and one or more municipalities therein, and which local coliseum and exhibit hall authority is in existence on or before January 1, 1991, and which local coliseum and exhibit hall authority has not constructed or operated any facility before January 1, 1991, may levy a tax under this Code section at a rate of 8 percent. A county or municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph (5.1)) an amount equal to at least 62 l/i percent of the total taxes collected at the rate of 8 percent for the purpose of: (A) promoting tourism, conventions, and trade shows; (B) funding, supporting, acquiring, constructing, renovating, improving, and equipping buildings, structures, and facilities, including, but not limited to, a coliseum, exhibit hall, conference center, performing arts center, or any combination thereof, for convention, trade show, athletic, musical, theatrical, cultural, civic, and performing arts purposes and other events and activities for similar and related purposes, acquiring the necessary property therefor, both real and personal, and funding all expenses incident thereto, and supporting, maintaining, and promoting such facilities owned, operated, or leased by or to the local coliseum and exhibit hall authority; or (C) for some combination of such purposes; provided, however, that at least 50 percent of the total taxes collected at the rate of 8 percent shall be expended for the purposes specified in subparagraph (B) of this paragraph (5.1). Amounts so expended shall be expended only through a contract or contracts with the state, a department of state government, a state authority, a convention and visitors bureau authority created by local Act of the General Assembly for a municipality, a local coliseum and exhibit hall authority, or a private sector nonprofit organization or through a contract or contracts with some combination of such entities. The aggregate amount of all excise taxes imposed under this paragraph (5.1) and all sales and use taxes, and other taxes imposed by a county or municipality, or both, shall not exceed 13 percent. Any tax levied pursuant to this paragraph (5.1) shall terminate not later than December 31, 2028, provided that during any period during which there remains outstanding any obligation issued to fund a facility as contemplated by this paragraph (5.1), secured in whole or in part by a pledge of a tax authorized under this Code section, the powers of the counties and municipalities to impose and distribute the tax

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imposed by this paragraph (5.1) shall not be diminished or impaired by the state and no county or municipality levying the tax imposed by this paragraph (5.1) shall cease to levy the tax in any manner that will impair the interests and rights of the holder of any such obligation. This proviso shall be for the benefit of the holder of any such obligation and, upon the issuance of any such obligation by a local coliseum and exhibit hall authority, shall constitute a contract with the holder of such obligation. Notwithstanding any other provision of this Code section to the contrary, as used in this paragraph (5.1), the term: 'fund' or 'funding' shall include the cost and expense of all things deemed necessary by a local coliseum and exhibit hall authority for the construction and operation of a facility or facilities including but not limited to the study, operation, marketing, acquisition, construction, financing, including the payment of principal and interest on any obligation of the local coliseum and exhibit hall authority and any obligation of the local coliseum and exhibit hall authority to refund any prior obligation of the local coliseum and exhibit hall authority, development, extension, enlargement, or improvement of land, waters, property, streets, highways, buildings, structures, equipment, or facilities and the repayment of any obligation incurred by an authority in connection therewith; 'obligation' shall include bonds, notes, or any instrument creating an obligation to pay or reserve moneys and having an initial term of not more than 37 years; and 'facility' or 'facilities' shall mean any of the buildings, structures, and facilities described in subparagraph (B) of this paragraph (5.1) and any associated parking areas or improvements originally owned or operated incident to the ownership or operation of such facility used for any purpose or purposes specified in subparagraph (B) of this paragraph (5.1) by a local coliseum and exhibit hall authority."
Section 4. Said article is further amended by striking paragraph (6) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, and inserting in its place a new paragraph (6) to read as follows:
"(6) At no time shall a county or municipality levy a tax under more than one paragraph of this subsection. Following the termination of a tax under paragraph (4.1), (5)i or (5.1) of this subsection, any county or municipality which has levied a tax pursuant to paragraph (4.1), (5)! or (5.1) of this subsection shall be authorized to levy a tax in the manner and at the rate authorized by either paragraph (1), paragraph (3), or paragraph (4) of this subsection but shall not thereafter be authorized to again levy a tax under paragraph (4.1), (5)z or (5.1) of this subsection."
Section 5. Said article is further amended by striking paragraphs (9) and (10) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, and inserting in their place new paragraphs (9) and (10) to read as follows:
"(9) (A) A county or municipality imposing a tax under paragraph (1), (2), (3), (4), (4.1), er (5)j or (5.1) of this subsection shall prior to the imposition of the tax (if the tax is imposed on or after July 1, 1990) and prior to each fiscal year thereafter in which the tax is imposed adopt a budget plan specifying how the expenditure requirements of this Code section will be met. Prior to the adoption of such budget plan, the county or municipality shall obtain from the authorized entity with which it proposes to contract to meet the expenditure requirements of this Code section a budget for expenditures to be made by such organization; and such budget shall be made a part of the county or municipal budget plan.
(B) The determination as to whether a county or municipality has complied with the expenditure requirements of paragraph (2), (3), (4), (4.1), er (5\ or (5.1) of this subsection shall be made for each fiscal year beginning on or after July 1, 1987, as of the end of each fiscal year, shall be prominently reflected in the audit required under Code Section 36-81-7, and shall be determined by: (A) calculating the amount of funds expended or contractually committed for expenditure as provided in paragraph (2), (3), (4), (4.1), er (5)j or (5.1) of this subsection, whichever is applicable, during the fiscal year; and (B) expressing such amount as a percentage of tax receipts under this Code section during such fiscal year. A county or municipality contractually expending funds to meet the expenditure requirements of paragraph (2), (3), (4), (4.1), er (5)j or (5.1) of this subsection shall require the contracting party to provide audit

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verification that the contracting party makes use of such funds in conformity with the requirements of this subsection. (10) Nothing in this article shall be construed to limit the power of a county or municipality to expend more than the required amounts, or all, of the total taxes collected under this Code section for the purposes described in paragraph (2), (3), (4), (4.1), e* (5)j or (5.1) of this subsection."
Section 6. Said article is further amended by striking Code section 48-13-54, relating to the collection, remittance, and expenditure of certain excise taxes with respect to certain lodges operated under the Department of Natural Resources, in its entirety and substituting in lieu thereof a new Code Section 48-13-54 to read as follows:
"48-13-54. Any ledge state park operated under the jurisdiction of the Department of Natural Resources which regularly furnishes for value lodge rooms; lodgings, ef accommodations as well as meals and conference or meeting facilities or has a minimum of 20 cabins and which is located in a county or municipality levying a tax under this article shall, as provided in this Code section, agree to collect and remit to the county or municipality within whose taxing jurisdiction the facility is located amounts which are equal to, or partially equal to, the amounts which would be collected and remitted to the county or municipality under the tax levied by the county or municipality under Code Section 48-13-51 if the ledge was lodges or cabins were privately operated. The sums so collected and remitted shall only be expended for development, promotion, and advertising of the ledge lodges or cabins from which the money was collected and remitted or ef for similar purposes of promoting, advertising, stimulating, and developing conventions and tourism in the county or municipality in which the state park is operated as long as said promotion or advertising prominently features the state park facilities or similar facilities operated under the jurisdiction of the Department of Natural Resources."
Section 7. In the event any article, Code section, subsection, paragraph, subparagraph, item, sentence, clause, phrase, or word of this Act is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall not affect the remaining portions of this Act, which shall remain of full force and effect as if such portion so declared or adjudged invalid or unconstitutional were not originally a part of this Act. The General Assembly declares that it would have enacted the remaining parts of this Act if it had known that such portion hereof would be declared or adjudged invalid or unconstitutional.
Section 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 9. All laws and parts of laws in conflict with this Act are repealed.

Representative Hammond of the 20th moved that the House agree to the Senate substitute, as substituted by the House, to HB 420.
On the motion, the ayes were 101, nays 1.
The motion prevailed.

HB 360. By Representatives Barnett of the 10th, Stancil of the 8th and Pinholster of the 8th:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, so as to create a new third judgeship for the Blue Ridge Judicial Circuit.

The following Senate substitute was read:

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A BILL
To amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, so as to create a new third judgeship for the Blue Ridge Judicial Circuit; to provide for the initial appointment, election, and term of office of said judge; to provide for the manner of impaneling jurors; to prescribe the powers, duties, jurisdiction, privileges, and immunities of said judge; to prescribe the qualifications and prescribe the compensation, salary, and expense allowance of said judge to be paid by the State of Georgia and the counties composing the Blue Ridge Judicial Circuit; to provide for official papers; to provide for the division of business among the three judges of the Blue Ridge Judicial Circuit of Georgia; to provide for the judge senior in term of continuous service to be the presiding judge, in whom shall be vested the power to make all appointments whenever the law provides for the superior court judge to make appointments; to provide for courtroom and chamber space; to provide for an additional court reporter for said circuit; to provide for statutory construction; to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, so as to create a new sixth judgeship for the Gwinnett Judicial Circuit; to provide for the initial appointment and for the election and term of office of said judge; to prescribe the powers, duties, dignitaries, jurisdiction, privileges, and immunities of said judge; to prescribe the qualifications and prescribe the compensation, salary, and expense allowance of said judge to be paid by the State of Georgia and the county composing the Gwinnett Judicial Circuit; to provide for official papers; to provide for the division of business among the six judges of the Gwinnett Judicial Circuit of Georgia; to provide for a presiding judge and for the powers thereof; to provide for drawing and impaneling jurors; to provide for an additional court reporter and the compensation thereof; to provide for courtroom, jury room, and chamber space; to provide for statutory construction; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, is amended by striking paragraph (6) which reads as follows:
"(6) Blue Ridge Circuit....................................................................................................... 2", and inserting in its place a new paragraph (6) to read as follows:
"(6) Blue Ridge Circuit....................................................................................................... 3".
Section 2. One additional judge of the superior courts of the Blue Ridge Judicial Circuit is added, thereby increasing to three the number of judges of said circuit. The additional judge of the superior courts for the Blue Ridge Judicial Circuit of Georgia shall be appointed by the Governor for a term beginning July 1, 1991, and expiring December 31, 1992, and upon the election and qualification of a successor. At the general election to be held in 1992, there shall be elected a successor to the first additional judge appointed as provided for above and he shall take office on the first day of January, 1993, and serve for a term of office of four years and until his successor is duly elected and qualified. All subsequent successors to such judge shall be elected at the general election conducted in the year in which the term of office shall expire for a term of office of four years and until his successor is duly elected and qualified. Said elections shall be held and conducted as is now or may hereafter be provided by law for the election of judges of the superior courts of the State of Georgia.
Section 3. The additional judge of the superior courts for the Blue Ridge Judicial Circuit of Georgia shall have and may exercise all powers, duties, dignities, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the three judges of said courts may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law.

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Section 4. The qualifications of such additional judge and his successors shall be the same as are now provided by law for all other superior court judges, and his compensation, salary, and expense allowance from the State of Georgia and from the counties of such circuit shall be the same as that of the other judges of the superior courts of the Blue Ridge Judicial Circuit. The provisions, if any, heretofore enacted for the supplementation by the counties of said circuit of the salary of the judge of the superior courts of the Blue Ridge Judicial Circuit shall also be applicable to the additional judge provided for by Sections 1 through 3, this section, Sections 5 through 11, and subsection (a) of Section 23 of this Act.
Section 5. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of the Blue Ridge Judicial Circuit of Georgia may bear teste in the name of any judge of said circuit and, when issued by and in the name of any of said judges of said circuit, it shall be fully valid and may be held and determined before any judge of said circuit.
Section 6. Upon and after qualifications of the additional judge of the superior courts for the Blue Ridge Judicial Circuit of Georgia, the three judges of said courts shall be authorized to adopt, promulgate, amend, and enforce such rules of procedure in consonance with the Constitution and laws of the State of Georgia as they deem suitable and proper for the effective transaction of business of the court; and, in transacting the business of the court and in performing their duties and responsibilities, they shall divide and allocate the work and duties to be performed by each. In the event of a disagreement between said judges affecting the duties and responsibilities of the judges of the superior courts for the Blue Ridge Judicial Circuit, the decision of the senior judge in term of current continuous, uninterrupted service shall be controlling; provided, however, that in the event that any two or more of said judges were elected at the same time and neither of said judges is senior in term of service, the judge receiving the greatest number of votes in the election shall be deemed the senior judge.
Section 7. The judge of said courts, senior in term of current continuous, uninterrupted service as a judge of the superior courts, shall be the presiding judge of said courts in whom shall be vested the power to make all appointments whenever the law provides for the superior court judge to make appointments, except as provided in Section 6 of this Act.
Section 8. The drawing and impaneling of all jurors, whether grand, petit, or special, may be by any of the judges of the superior courts of said circuit; and they or any of them shall have full power and authority to draw and impanel jurors for service in said courts so as to have jurors for the trial of cases before each of said judges separately or before each of them at the same time.
Section 9. The three judges of the Blue Ridge Judicial Circuit shall be authorized and empowered to employ an additional court reporter for such duties and for such compensation as they see fit, up to and including, but not exceeding, the remuneration of the present court reporters of the Blue Ridge Judicial Circuit as the same is now fixed or may hereafter be fixed.
Section 10. The governing authority of the counties comprising the Blue Ridge Judicial Circuit is fully authorized and empowered to provide suitable courtrooms, jury rooms, and chambers for the three judges of the Blue Ridge Judicial Circuit upon the recommendation of said judges.
Section 11. Nothing enumerated in Sections 1 through 10, this section, and subsection (a) of Section 23 of this Act shall be deemed to limit or restrict the inherent powers, duties, and responsibilities of superior court judges provided by the Constitution and statutes of the State of Georgia.
Section 12. Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, is amended by striking paragraph (20) which reads as follows:

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"(20) Gwinnett Circuit........................................................................................................ 5", and inserting in its place a new paragraph (20) to read as follows:
"(20) Gwinnett Circuit........................................................................................................ 6".
Section 13. One additional judge of the superior courts of the Gwinnett Judicial Circuit is added, thereby increasing to six the number of judges of said circuit. The additional judge of the superior court for the Gwinnett Judicial Circuit of Georgia shall be appointed by the Governor for a term beginning July 1, 1991, and expiring December 31, 1992, and upon the election and qualification of a successor. At the general election to be held in 1992, there shall be elected a successor to the first additional judge appointed as provided for above and he shall take office on the first day of January, 1993, and serve for a term of office of four years and until his successor is duly elected and qualified. All subsequent successors to such judge shall be elected at the general election conducted in the year in which the term of office shall expire for a term of office of four years and until his successor is duly elected and qualified. Said elections shall be held and conducted as is now or may hereafter be provided by law for the election of judges of the superior courts of the State of Georgia.
Section 14. The additional judge of the superior court for the Gwinnett Judicial Circuit of Georgia shall have and may exercise all powers, duties, dignities, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the six judges of said court may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law.
Section 15. The qualifications of such additional judge and his successors shall be the same as are now provided by law for all other superior court judges, and his compensation, salary, and expense allowance from the State of Georgia and from the county of such circuit shall be the same as that of the other judges of the superior courts of the Gwinnett Judicial Circuit. The provisions, if any, heretofore enacted for the supplementation by the county of said circuit of the salary of the judge of the superior courts of the Gwinnett Judicial Circuit shall also be applicable to the additional judge provided for by Sections 12 through 14, this section, Sections 16 through 22, and subsection (b) of Section 23 of this Act.
Section 16. All writs, processes, orders, subpoenas, and any other official paper issuing out of the Superior Court of the Gwinnett Judicial Circuit of Georgia may bear teste in the name of any judge of said circuit and when issued by and in the name of any of said judges of said circuit, it shall be fully valid and may be held and determined before any judge of said circuit.
Section 17. Upon and after qualifications of the additional judge of the superior court for the Gwinnett Judicial Circuit of Georgia, the six judges of said court shall be authorized to adopt, promulgate, amend, and enforce such rules of procedure in consonance with the Constitution and laws of the State of Georgia as they deem suitable and proper for the effective transaction of business of the court; and in transacting the business of the court and in performing their duties and responsibilities, they shall divide and allocate the work and duties to be performed by each. In the event of a disagreement between said judges affecting the duties and responsibilities of the judges of the superior court for the Gwinnett Judicial Circuit, the decision of the senior judge in term of current continuous, uninterrupted service shall be controlling.
Section 18. The judge of said court, senior in term of current continuous, uninterrupted service as a judge of the superior court, shall be the presiding judge of said court in whom shall be vested the power to make all appointments whenever the law provides for the superior court judge to make appointments, except as herein provided.
Section 19. The drawing and impaneling of all jurors, whether grand, petit, or special, may be by any of the judges of the superior court of said circuit; and they or any of them shall have full power and authority to draw and impanel jurors for service in said

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court so as to have jurors for the trial of cases before each of said judges separately or before each of them at the same time.
Section 20. The six judges of the Gwinnett Judicial Circuit shall be authorized and empowered to employ an additional court reporter for such duties and for such compensation as they see fit up to and including, but not exceeding, the remuneration of the present court reporters of the Gwinnett Judicial Circuit as the same is now fixed or may hereafter be fixed.
Section 21. The governing authority of the county comprising the Gwinnett Judicial Circuit is fully authorized and empowered to provide suitable courtrooms, jury rooms, and chambers for the six judges of the Gwinnett Judicial Circuit upon the recommendation of said judges.
Section 22. Nothing herein enumerated shall be deemed to limit or restrict the inherent powers, duties, and responsibilities of superior court judges provided by the Constitution and statutes of the State of Georgia.
Section 23. (a) For purposes of making the initial appointment of the third judge to fill the third judgeship created by Sections 1 through 11 of this Act and this subsection, Sections 1 through 11 of this Act and this subsection shall become effective upon its approval by the Governor or upon its becoming law without his approval. For all other purposes, Sections 1 through 11 of this Act and this subsection shall become effective July 1, 1991.
(b) For purposes of making the initial appointment of the sixth judge to fill the sixth judgeship created by Sections 12 through 22 of this Act and this subsection, Sections 12 through 22 of this Act and this subsection shall become effective upon its approval by the Governor or upon its becoming law without such approval. For all other purposes, Sections 12 through 22 of this Act and this subsection shall become effective July 1, 1991.
Section 24. All laws and parts of laws in conflict with this Act are repealed.

Representative Reaves of the 147th moved that the House agree to the Senate substitute to HB 360.
On the motion the ayes were 107, nays 0.
The motion prevailed.

HB 475. By Representative Reaves of the 147th:
A bill to amend Article 5 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated, known as the "Georgia Boll Weevil Eradication Act of 1985," so as to provide for an exemption in cases of financial hardship; to provide that the Commissioner shall be authorized to levy and collect his own executions.

The following Senate amendment was read:

Amend HB 475 by inserting on line 12 of page 1 between the words and symbol "matters;" and the word "to" the following:
"to provide an effective date;".
By striking all the language on lines 27 and 28 of page 5 and inserting in lieu thereof the following:
"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."

Representative Reaves of the 147th moved that the House agree to the Senate amendment to HB 475.
On the motion the ayes were 97, nays 0.
The motion prevailed.

HB 97. By Representative Smith of the 78th:
A bill to amend Code Section 44-14-3 of the Official Code of Georgia Annotated, relating to the furnishing of a cancellation of a deed to secure debt or other security instrument by a grantee upon the payment of such instrument, so as to change the civil penalty for the failure to supply a cancellation within the statutory time limit.

The following Senate substitute was read:

A BILL
To amend Code Section 44-14-3 of the Official Code of Georgia Annotated, relating to the furnishing of a cancellation of a deed to secure debt or other security instrument by a grantee upon the payment of such instrument, so as to provide that a satisfaction or cancellation of a deed to secure debt or other security interest shall be furnished to a grantor or to the clerk of the superior court; to change the time limit in which to supply the grantor or the clerk of the superior court with a cancellation of a deed to secure debt or other security interest; to change the amount of damages for which the grantee is liable for the failure to supply a cancellation within the statutory time limit; 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 44-14-3 of the Official Code of Georgia Annotated, relating to the furnishing of a cancellation of a deed to secure debt or other security instrument by a grantee upon the payment of such instrument, is amended by striking subsection (b) in its entirety and inserting in its place a new subsection (b) to read as follows:
"(b) (1) Whenever the indebtedness secured by any instrument is paid in full, the grantee of the instrument, within 46 60 days of the date of the full payment, shall cause to be furnished to the grantor at the grantor's last known address as shown on the records of the grantee or to the clerk of the superior court of the county or counties in which the instrument is recorded a legally sufficient satisfaction or cancellation to authorize and direct the clerk or clerks to cancel the instrument of record. The grantee shall further direct the clerk of the court to transmit to the grantor the original cancellation or satisfaction document at the grantor's last known address as shown on the records of the grantee. In the case of a revolving loan account, the debt shall be considered to be 'paid in full' only when the entire indebtedness including accrued finance charges has been paid and the lender or debtor has notified the other party to the agreement in writing that he wishes to terminate the agreement pursuant to its terms.
(2) Notwithstanding paragraph (1) of this subsection, if an attorney at law remits the pay-off balance of an instrument to a grantee on behalf of a grantor, the grantee shall may direct the clerk of the court to transmit to such attorney the original cancellation or satisfaction document.
(3) A grantee shall be authorized to add to the pay-off amount the costs of recording a cancellation or satisfaction of an instrument."
Section 2. Said Code section is further amended by striking subsection (c) in its entirety and inserting in its place a new subsection (c) to read as follows:

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"(c) Upon the failure of the grantee to transmit properly a legally sufficient satisfaction or cancellation as provided in this Code section, the grantee shall be liable to the grantor for the sum of $200.00 $500.00 as liquidated damages and, in addition thereto, for such additional sums for any loss caused to the grantor plus reasonable attorney's fees. The grantee shall not be liable to the grantor if he demonstrates reasonable inability to comply with subsection (b) of this Code section; and the grantee shall not be liable to the grantor unless and until a written demand for the transmitted is made."
Section 3. This Act shall become effective on July 1, 1991, and shall be applicable to any written demand for the transmittal of a cancellation or satisfaction made pursuant to the provisions of Code Section 44-14-3 of the Official Code of Georgia Annotated occurring on or after July 1, 1991.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Smith of the 78th moved that the House agree to the Senate substitute to HB 97.
On the motion the ayes were 107, nays 0.
The motion prevailed.

HB 29. By Representatives Oliver of the 53rd, Mills of the 20th, Hamilton of the 124th and Valenti of the 52nd:
A bill to amend Article 2 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the termination of parental rights, so as to provide that a copy of every order terminating the parental rights of a parent shall be transmitted to the Division of Family and Children Services Adoption Unit of the Department of Human Resources.

The following Senate substitute was read:

A BILL
To amend Article 2 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the termination of parental rights, so as to provide that a copy of every final order terminating the parental rights of a parent shall be transmitted to the Division of Family and Children Services Adoption Unit of the Department of Human Resources; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the termination of parental rights, is amended by striking Code Section 15-11-90, relating to the placement of a child following a termination order, in its entirety and inserting in lieu thereof the following:
"15-11-90. (a) (1) If, upon the entering of an order terminating the parental rights of a parent, there is no parent having parental rights, the court shall first attempt to place the child with the child's extended family or with a person related to the child by blood or marriage. An exhaustive and thorough search for a suitable family member shall be made by the court and the Department of Human Resources in attempting to effect this placement. A placement effected under this paragraph shall be conditioned upon the family member who is given permanent custody or who is granted an adoption of the child agreeing to abide by the terms and conditions of the order of the court.
(2) If no placement of the child is effected under paragraph (1) of this subsection, the court may make any of the following dispositions: commit the child to the custody of the Department of Human Resources or to a licensed child-placing agency willing

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to accept custody for the purpose of placing the child for adoption or, in the absence of an adoption, in a foster home, or take other suitable measures for the care and welfare of the child. (b) The court shall transmit a copy of every final order terminating the parental rights of a parent to the Division of Family and Children Services Adoption Unit of the Department of Human Resources within 15 days of the filing of such order. {b> (c) The custodian has authority to consent to the adoption of the child, his marriage, his enlistment in the armed forces of the United States, and surgical and other medical treatment for the child. {e> ^dj If a petition seeking the adoption of the child is not filed within one year after the date of the disposition order, the court shall then, and at least yearly thereafter as long as the child remains unadopted, review the circumstances of the child to determine what efforts have been made to assure that the child will be adopted. The court may then enter such orders as it deems necessary to further the adoption, including but not limited to another placement."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Oliver of the 53rd moved that the House agree to the Senate substitute to HB 29.
On the motion the ayes were 95, nays 0.
The motion prevailed.

HB 604. By Representative Oliver of the 53rd:
A bill to amend Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, so as to change certain requirements for adoption petitions; to provide that certain orders will take the place of certain other documents; to change which items must be forwarded to the Department of Human Resources.

The following Senate substitute was read:

A BILL
To amend Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, so as to change certain requirements relating to affidavits and adoption petitions; to change certain provisions regarding the executions of surrenders; to provide that certain orders will take the place of certain other documents; to change which items must be forwarded to the Department of Human Resources; to provide for applications and fees for criminal records checks; to change who may request a certificate of adoption; to change when adoption records may be examined; to provide for agents of the department and placement agencies and their functions, authority, power, duties, and immunities; to change the provisions prohibiting advertising and inducements; to provide for legislative intent; to validate, ratify, and confirm certain decrees of adoption; to amend Code Section 49-5-12 of the Official Code of Georgia Annotated, relating to licensing of child welfare agencies, so as to provide for statutory construction regarding certain prohibitions; 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 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, is amended by striking subsections (c) and (h) of Code Section 19-8-5, relating to adoptions by third parties, and inserting in their respective places the following:
"(c) The surrender specified in this Code section shall be executed, following the birth of the child, in the presence of a representative of each petitioner and a notary.

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The name and address of each person to whom the child is surrendered may be omitted to protect confidentiality, provided the surrender sets forth the name and address of his agent for purposes of notice of withdrawal as provided for in subsection (d) of this Code section. A copy shall be delivered to the individual signing the surrender at the time of the execution thereof."
"(h) Whenever rights are surrendered pursuant to this Code section, the representative of each petitioner before whom the surrender is signed shall execute an affidavit meeting the requirements of subsection (k) of Code Section 19-8-26."
Section 2. Said chapter is further amended by striking subsections (c) and (h) of Code Section 19-8-6, relating to stepparent adoptions, and inserting in their respective places new subsections to read as follows:
"(c) The surrender specified in this Code section shall be executed, following the birth of the child, in the presence of a representative ef the petitioner ad a notary. A copy shall be delivered to the individual signing the surrender at the time of the execution thereof."
"(h) Whenever rights are surrendered pursuant to this Code section, the representative of each petitioner before whem the surrender is signed shall execute an affidavit meeting the requirements of subsection (k) of Code Section 19-8-26."
Section 3. Said chapter is further amended by striking subsections (c) and (h) of Code Section 19-8-7, relating to adoptions by relatives, and inserting in their respective places new subsections to read as follows:
"(c) The surrender specified in this Code section shall be executed, following the birth of the child, in the presence of ft representative ef- eaeh petitioner and a notary. A copy shall be delivered to the individual signing the surrender at the time of the execution thereof."
"(h) Whenever rights are surrendered pursuant to this Code section the representative of each petitioner before whom the surrender is signed shall execute an affidavit meeting the requirements of subsection (k) of Code Section 19-8-26."
Section 4. Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Section 19-8-13, relating to filing adoption petitions, and inserting in its place a new paragraph to read as follows:
"(1) The petition shall set forth: (A) The name, age, marital status, and place of residence of each petitioner; (B) The name by which the child is to be known should the adoption ultimately
be completed; (C) The date of birth and the sex of the child; (D) The date and circumstances of the placement of the child with each petitioner; (E) Whether the child is possessed of any property and, if so, a full and complete
description thereof; (F) Whether the child has one or both parents or his biological father who is not
the legal father living; and (G) Whether the child has a guardian."
Section 5. Said chapter is further amended by adding at the end of said Code Section 19-8-13 a new subsection to read as follows:
"(g) Notwithstanding the provisions of Code Sections 19-8-5 and 19-8-7 and this Code section which require obtaining and attaching a written voluntary surrender and acknowledgment thereof and affidavits of the legal mother and a representative of the petitioner, where the adoption is sought under subsection (a) of Code Section 19-8-5 or 19-8-7 following the termination of parental rights and the placement of the child by the juvenile court pursuant to paragraph (1) of subsection (a) of Code Section 15-11-90, obtaining and attaching to the petition a certified copy of the order terminating parental rights of the parent shall take the place of obtaining and attaching those otherwise required surrenders, acknowledgments, and affidavits."
Section 6. Said chapter is further amended by striking Code Section 19-8-14, relating to time of hearing, and inserting in its place a new Code section to read as follows:

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"19-8-14. Upon the filing of the petition for adoption the court shall fix a date upon which the petition shall be considered, which date shall be not less than 60 days from the date of the filing of the petition or, when Code Section 19-8-10 is relied upon, not less than 30 days from the receipt of notice as provided in subsection (c) of Code Section 19-8-10. Copies of the petition, the order fixing the date upon which the petition shall be considered, and all exhibits, surrenders, or certificates required by this chapter shall be forwarded by the clerk to the department within 15 days after the filing of the petition for adoption, together with a request that a report and investigation be made as required by law. Copies of all motions, amendments, and other pleadings filed and of all orders entered in connection with the petition for adoption shall be forwarded by the clerk to the department within 15 days after such filing or entry."
Section 7. Said chapter is further amended by adding at the end of Code Section 19-8-16, relating to investigations of the petitioner, a new subsection to read as follows:
"(d) Where a criminal records check of a petitioner is required pursuant to this Code section, that petitioner shall pay the fee and make application for such records check as required by the department."
Section 8. Said chapter is further amended by striking subsection (b) of Code Section 19-8-20, relating to forwarding of decrees to the department, and inserting in its place a new subsection to read as follows:
"(b) At any time after the entry of the decree of adoption, upon the request of an adopted person who has reached 18 years of age or upon the request of any adopting parent, the clerk of the court granting the decree shall issue to that requesting adopted person or adopting parent a certificate of adoption, under the seal of the court, upon payment to the clerk of the fee prescribed in Code Sections 15-6-77 and 15-6-77.1, which adoption certificate shall be received as evidence in any court or proceeding as primary evidence of the facts contained in the certificate."
Section 9. Said chapter is further amended by adding at the end of subsection (f) of Code Section 19-8-23, relating to recording the records of adoption, a new paragraph to read as follows:
"(12) Whenever this subsection authorizes both the department and a placement agency to perform any function or requires the placement agency to perform any function which the department is also required to perform, the department or agency may designate an agent to perform that function and in so performing it the agent shall have the same authority, powers, duties, and immunities as an employee of the department or placement agency has with respect to performing that function."
Section 10. Said chapter is further amended by striking subsection (a) of Code Section 19-8-23, relating to recording the records of adoptions, and inserting in its place a new subsection to read as follows:
"(a) The original petition, all amendments and exhibits thereto, all motions, documents, affidavits, records, and testimony filed in connection therewith, and all decrees or orders of any kind whatsoever, except the original investigation report and background information referred to in Code Section 19-8-20, shall be recorded in a book kept for that purpose and properly indexed; and the book shall be part of the records of the court in each county which has jurisdiction over matters of adoption in that county. All of the records, including the docket book, of the court granting the adoption, of the department, and of the child-placing agency that relate in any manner to the adoption shall be kept sealed and locked. The records may be examined by the parties at interest in the adoption and their attorneys when, after written petition has been presented to the court having jurisdiction with net teas than 30 days' after receipt ef written notice te the department and the appropriate child-placing agency and after the department and the appropriate child-placing agency have received at least 30 days' prior written notice of the filing of such petition, the matter has come on before the court in chambers and, good cause having been shown to the court, and the court has entered an order permitting such examination. Notwithstanding the foregoing, if the adoptee who is the subject of the records sought to be examined is less than 18 years of age at the time

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the petition is filed and the petitioner is someone other than one of the adoptive parents of the adoptee, then the department shall provide written notice of such proceedings to the adoptive parents by certified mail, return receipt requested, at the last address the department has for such adoptive parents and the court shall continue any hearing on the petition until not less than 60 days after the date the notice was sent and shew eattse why saefe records should net be examined. Each such adoptive parent shall have the right to appear in person or through counsel and show cause why such records should not be examined. Adoptive parents may provide the department with their current address for purposes of receiving notice under this subsection by mailing that address to:
Adoption Unit Department of Human Resources
Atlanta, Georgia".
Section 11. Said chapter is further amended by striking subsection (c) of Code Section 19-8-24, prohibiting advertisements, and inserting in its place a new subsection to read as follows:
"(c) (1) Nothing m this Code section shall fce unlawful personal communications by a individual seeking te adopt a child of children by the individual. Paragraph (1) of subsection (a) of this Code section shall not apply to communication by private means, including only written letters or oral statements, by an individual seeking to:
(A) Adopt a child or children; or (B) Place that individual's child or children for adoption, whether the communication occurs before or after the birth of such child or children. (2) Paragraph (1) of subsection (a) of this Code section shall not apply to any communication described in paragraph (1) of this subsection which contains any attorney's name, address, telephone number, or any combination of such information and which requests any attorney named in such communication to be contacted to facilitate the carrying out of the purpose, as described in subsection (A) or (B) of paragraph (1) of this subsection, of the individual making such personal communication."
Section 12. Said chapter is further amended by striking Code Section 19-8-25, relating to the effect of prior consents or surrenders, and inserting in its place a new Code section to read as follows:
"(a) A written consent or surrender, executed on or before June 30, 1990, shall, for purposes of an adoption proceeding commenced on or after July 1, 1990, be deemed to satisfy the surrender requirements of this chapter and it shall not be necessary to have any parent or guardian execute the documents required by Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7; however, all other applicable provisions of this chapter must be complied with.
(b) It is the legislative intent of this subsection to clarify and not to change the applicability of certain previously existing provisions of this chapter to adoption proceedings pending on July 1 1990. Any decree of adoption issued in an adoption proceeding in which the adoption petition was filed in a superior court of this state prior to July 1^ 1990, shall be valid if the adoption conformed to the requirements of this chapter either as they existed on June 30, 1990, or on July l 1990, and each such adoption decree is hereby ratified and confirmed."
Section 13. Code Section 49-5-12 of the Official Code of Georgia Annotated, relating to licensing of child welfare agencies, is amended by striking subsection (q) thereof and inserting in its place a new subsection to read as follows:
"(q) No person, official, agency, hospital, maternity home, or institution, public or private, in this state shall receive or accept a child under 17 years of age for placement or adoption or place such a child, either temporarily or permanently, in a home other than the home of the child's relatives without having been licensed or commissioned by the department. Notwithstanding the provisions of Code Section 49-5-12.1, violation of this subsection shall be punishable by a fine of not less than $100.00 nor exceeding $500.00 for each offense. Nothing in this Code section shall be construed to prohibit a

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properly licensed attorney at law from providing necessary legal services and counsel to parties engaged in or contemplating adoption proceedings. Nothing in this Code section shall be construed to prohibit an individual seeking to:
(1) Adopt a child or children from receiving or accepting a child or children in the individual's home in anticipation of filing a petition for adoption under Chapter 8 of Title 19; or
(2) Have that individual's child or children placed for adoption from placing that individual's child or children in the home of an individual who is not related to the child or children in anticipation of the individual's initiation of adoption proceedings pursuant to Chapter 8 of Title 19."
Section 14. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 15. All laws and parts of laws in conflict with this Act are repealed.

Representative Oliver of the 53rd moved that the House agree to the Senate substitute to HB 604.
On the motion the ayes were 103, nays 0.
The motion prevailed.

SB 328. By Senators Dawkins of the 45th, Taylor of the 12th, Robinson of the 16th and others:
A bill to amend Part 12 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to effectiveness of educational programs under the "Quality Basic Education Act," so as to change provisions relating to instruments, procedures, and policies necessary to assess effectiveness; to provide for types of assessments and their implementation and use.

The following Senate amendment was read:

Amend the House Substitute to SB 328 as follows:
Page 3, beginning on line 23, add the words,
"These assessments of student achievement shall be used as one of the criteria for awarding salary supplements on a career ladder program pursuant to Code Section 20-2-213 and as one of the components in the comprehensive evaluation pursuant to Code Section 20-2-282."

The following amendment was read and adopted:
Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st move to amend the Senate amendment to the House substitute to SB 328 by striking all of the quoted matter and inserting in lieu thereof the following:
"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."

Representative Porter of the 119th moved that the House agree to the Senate amendment to the House substitute, as amended by the House, to SB 328.
On the motion, the ayes were 92, nays 0.

WEDNESDAY, MARCH 13, 1991

2363

The motion prevailed.

HB 643. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st:
A bill to amend Article 1 of Chapter 2 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions concerning the Department of Natural Resources, so as to provide for the promulgation of minimum standards and procedures relative to the protection of mountains and river corridors.

The following Senate amendments were read:

SENATE AMENDMENT #1
Amend House Bill 643 beginning on line 26, Page Five, by adding to the end of the line and
and
beginning on line 27 insert the following:
(C) Such criteria shall provide for encroachments into the buffer area as needed for the construction of public roads and public utility crossings of river corridors and must meet all applicable requirements of Chapter 7 of this title, the 'Erosion and Sedimentation Act of 1975', and of any applicable local ordinances on soil erosion and sedimentation control.

SENATE AMENDMENT #2
Amend House Bill 643 by adding on page 3, line 17 after "12-5-457, and Coastal Marshland Protection Act,
Line 22 river bank insert:
At Mean High water after "River bank".

Representative Porter of the 119th moved that the House agree to the Senate amendments to HB 643.
On the motion, the ayes were 98, nays 5.
The motion prevailed.

HB 175. By Representative Reaves of the 147th:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to create a new Article 29 to be entitled the "Farm Equipment Warranty Act".

The following Senate substitute was read:

A BILL
To amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to create a new Article 29 to be entitled the "Farm Tractor Warranty Act"; to provide a short title; to provide for definitions; to provide for notice to the consumer; to provide a form for the notice; to provide for the manufacturer's duty to repair; to provide for the manufacturer's duty to refund the purchase price or replace the farm tractor; to provide for extension of warranties; to provide for

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JOURNAL OF THE HOUSE,

alternative dispute settlement proceedings; to provide procedures for alternative dispute settlement proceedings; to provide for affirmative defenses; to provide for limitation on
actions; 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 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, is amended by adding a new Article 29 to read as follows:

"ARTICLE 29

10-1-810. This article shall be known and may be cited as the 'Farm Tractor War-

ranty Act.'

10-1-811. As used in this article, the term:

(1) 'Consumer' means a purchaser, other than for purposes of resale, of a new farm

tractor, a person to whom the new farm tractor is transferred for the same purposes

during the duration of an express warranty applicable to the farm tractor, and any

other person entitled by the terms of the warranty to enforce the terms of the war-

ranty. In the case of an agricultural vehicle within the warranty period, the sale must

be made through an authorized farm tractor dealer.

(2) 'Farm tractor' means any self-propelled vehicle which is designed primarily for

pulling or propelling agricultural machinery and implements and is used principally

in the occupation or business of farming, including an implement of husbandry that

is self-propelled excluding forestry equipment and equipment designed primarily for

construction purposes.

(3) 'Manufacturer' means a person engaged in the business of manufacturing,

assembling, or distributing farm tractors who, under normal business conditions dur-

ing the year, manufactures, assembles, or distributes to dealers at least ten new farm

tractors.

(4) 'Manufacturer's express warranty' or 'warranty' means the written warranty of

the manufacturer of a new farm tractor of its condition and fitness for use, including

any terms or conditions precedent to the enforcement of obligations under that war-

ranty.

(5) 'Nonconformity' means any condition of the farm tractor that makes it impos-

sible to use for the purpose for which it was designed or manufactured.

(6) 'Reasonable allowance for prior use" means the number of field hours per-

formed by the farm equipment, divided by eight field hours per day, multiplied by

50 percent of the daily reasonable rental rate, referenced by model, in the most cur-

rent North American Equipment Dealers Association Official Guide.

10-1-812. The manufacturer must supply to the dealer and the dealer must present

directly to the consumer at the time of purchase a written notice stating, in ten-point

all capital type, in substantially the following form:

'This equipment is subject to Article 29 of Chapter 1 of Title 10 of the Official Code

of Georgia Annotated, entitled the "Farm Tractor Warranty Act." To be entitled to

a refund or replacement, you must first notify the manufacturer or its agent and the

authorized dealer which was a party to the sale of the problem in writing and give

them an opportunity to repair the equipment.

Manufacturer

Agent

Dealer

Name

Name

Name

Address

Address

Address

Telephone

Telephone

Telephone

number

number

number'

10-1-813. If the farm tractor does not conform to applicable express written warran-

ties and the consumer reports the nonconformity to the manufacturer and its authorized

dealer within 18 months of the date of the original delivery of the farm tractor to the

consumer the manufacturer or its authorized dealers shall make the repairs necessary to

WEDNESDAY, MAECH 13, 1991

2365

make the farm tractor conform to the express written warranties, notwithstanding that the repairs are made after the expiration of the warranty term or the 18 month period.
10-1-814. (a) If the manufacturer or its authorized dealers are unable to make the farm tractor conform to any applicable express written warranty by repairing or correcting any condition which substantially impairs the use or market value of the farm tractor to the consumer within the time periods and after the number of attempts specified in subsection (c) of this Code section, the manufacturer, through its authorized dealer who sold the farm tractor, shall, at the option of the consumer, replace the farm tractor with a comparable farm tractor, charging the consumer only a reasonable allowance for the consumer's use of the farm tractor, or accept the return of the farm tractor from the consumer and refund to the consumer the cash purchase price, including sales tax, license fees, registration fees, and any similar governmental charges, less a reasonable allowance for prior use. Refunds shall be made to the consumer and lienholder, if any, as their interests may appear in the county superior court clerk's office. If no replace-
ment or refund is made, the consumer may bring a civil action against the manufacturer to enforce the obligation. No action may be brought unless the manufacturer has received prior direct written notification from or on behalf of the consumer and has
been offered the opportunities, as set forth in subsection (c) of this Code section, to cure the condition alleged within a reasonable time that is not to exceed 30 business days.
(b) No dealer or distributor shall be held liable by the manufacturer or by the consumer for any collateral charges, damages, costs, purchase price refunds, or replacements, and manufacturers and consumers shall not have a cause of action against a
dealer or distributor. (c) The replacement or refund obligation specified in subsection (a) of this Code sec-
tion shall arise if the manufacturer or its authorized dealers are unable to make the farm tractor conform to applicable express written warranties within 18 months of the original
physical delivery of the farm tractor to the consumer and the same nonconformity has been subject to repair four or more times by the manufacturer or its authorized dealers,
but such nonconformity continues to exist or the farm tractor is out of service by reason of repair of the same nonconformity for a cumulative total of 30 or more business days
when the service department of the authorized dealer in possession of the farm tractor is open for purposes of repair, provided that days when the consumer has been provided by the manufacturer or its authorized dealers with the use of another farm tractor which
performs the same function shall not be counted. 10-1-815. The 18 month period and the 30 day repair period shall be extended by
any period of time during which repair services or replacement parts are not available to the consumer because of a war, invasion, strike, fire, flood, or other natural disaster.
10-1-816. (a) If a manufacturer has established, or participates in, an informal dis-
pute settlement procedure which substantially complies with the provisions of the Code of Federal Regulations, Title 16, Part 703, as amended, and the requirements of this Code section, the provisions of Code Section 10-1-814 concerning refunds or replacement
do not apply to a consumer who has not first used this procedure. (b) The findings and decisions in an informal dispute settlement procedure shall
address and state in writing whether the consumer would be entitled to a refund or replacement under the presumptions and criteria set out in Code Section 10-1-814, and
are admissible as nonbinding evidence in any legal action and are not subject to further evidentiary foundation requirements.
(c) If, in an informal dispute settlement procedure, it is decided that a consumer is entitled to a replacement farm tractor under Code Section 10-1-814, then the consumer has the option of selecting and receiving either the replacement farm tractor or a full
refund as authorized by Code Section 10-1-814. Any refund selected by a consumer shall
include all amounts authorized by Code Section 10-1-814. (d) (1) In any informal dispute settlement procedure provided for by this Code section:
(A) No documents shall be received by any informal dispute settlement panel unless those documents have been provided to each of the parties in the dispute prior to the panel's meeting, with an opportunity for the parties to comment on the
documents in writing, or with oral presentation at the request of the panel;

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(B) Nonvoting manufacturer or dealer representatives shall not attend or participate in the internal dispute settlement procedures unless the consumer is also present and given a chance to be heard, or unless the consumer previously consents to the manufacturer or dealer participation without the consumer's presence and participation;
(C) Consumers shall be given an adequate opportunity to contest a manufacturer's assertion that a nonconformity falls within intended specifications for the farm tractor by having the basis of the manufacturer's claim appraised by a technical expert selected and paid for by the consumer prior to the informal dispute settlement hearing;
(D) No disputes shall be heard where there has been a recent attempt by the manufacturer to repair a consumer's farm tractor, but no response has yet been received by the informal dispute panel from the consumer as to whether the repairs were successfully completed. This provision shall not prejudice a consumer's rights under this Code section nor shall it extend the informal dispute panel's 40 day time limit for deciding disputes, as established by the Code of Federal Regulations, Title 16, Part 703; and
(E) The manufacturer shall provide and the informal dispute settlement panel shall consider all information relevant to resolving the dispute, such as the prior dispute records and information required by the Code of Federal Regulations, Title 16, Part 703.6, and any relevant technical service bulletins which may have been issued by the manufacturer or lessor regarding the farm tractor being disputed. (2) A settlement reached under this Code section is binding on all participating parties. (e) No consumer shall be required to participate in an informal dispute settlement procedure before filing an action in court if the informal dispute settlement procedure does not comply with the requirements of this Code section, notwithstanding the procedure's compliance with the Code of Federal Regulations, Title 16, Part 703. (f) Any consumer injured by a violation of this Code section may bring a civil action to enforce this Code section and recover costs and disbursements, including reasonable attorney's fees. 10-1-817. It shall be an affirmative defense to claims under this article that: (1) An alleged nonconformity does not substantially impair such use and market value; or (2) A nonconformity is the result of abuse or neglect, or of modifications or alterations of the farm tractor not authorized by the manufacturer. 10-1-818. Any action brought under this article shall be commenced within 12 months following the 18 month period. 10-1-819. Nothing in this article limits the rights or remedies which are otherwise available to a consumer under any other provisions of law."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Godbee of the 110th moved that the House agree to the Senate substitute to HB 175.
On the motion the ayes were 95, nays 1.
The motion prevailed.

HB 547. By Representatives Chambless of the 133rd, Thomas of the 69th and Pettit of the 19th:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to amend various provisions of such title relating to child support and enforcement of the duty of support by the Department of Human Resources.

WEDNESDAY, MARCH 13, 1991

2367

The following Senate substitute was read:

A BILL
To amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to amend various provisions of such title relating to child support and enforcement of the duty of support by the Department of Human Resources; to delete the limit on income deduction for payment of arrearage; to provide for service in person or by certified mail; to provide that the court shall order a test to determine paternity when the Department of Human Resources is the petitioner; to clarify that upon request the department shall be provided with information regarding the earnings of a person owing child support; to provide for confidentiality of information and records obtained by the department; to provide for penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by striking paragraph (2) of subsection (b) of Code Section 19-6-32, relating to income deduction orders, and inserting in its place a new paragraph (2) to read as follows:
"(2) State the amount of arrearage owed accrued, if any, under the support order and direct a payor to withhold an additional 30 percent of the periodic amount specified the support order; until faH payment is made ef a arrearage a specific amount until the arrearage is paid in full; and".
Section 2. Said title is further amended by striking subsection (b) of Code Section 19-6-33, relating to notice and service of income deduction orders, and inserting in its place a new subsection (b) to read as follows:
"(b) Service by or upon any person who is a party to a proceeding under this Code section shall be made m th manner prescribed by Chapter H ef- Title 9; knew* as the 'Georgia Civil Practice Act.' in person or by certified mail, return receipt requested. Service upon an obligor's payor or successor payor under this Code section shall be by regular first-class mail."
Section 3. Said title is further amended by striking Code Section 19-7-45, relating to blood tests, and inserting in its place a new Code Section 19-7-45 to read as follows:
"19-7-45. As soon as practicable after an action has been brought, the court, upon motion of the petitioner, the respondent, or any other interested party, may order the mother, the alleged father, and the child to submit to any blood tests, including human leucocyte antigen (HLA) testing and genetic testing if available, which have been developed or established for purposes of disproving or proving parentage and which are reasonably accessible. In cases in which the Department of Human Resources is the petitioner pursuant to paragraph (4) of subsection (a) of Code Section 19-7-43, the court shall upon motion of any party to the action order the mother, the alleged father, and the child to submit to such blood tests. If the court orders the blood tests and if the action is brought prior to the birth of the child, the court shall order the blood tests made as soon as medically feasible after the birth. The tests shall be performed by a duly qualified licensed practicing physician, duly qualified immunologist, or other qualified person. Upon motion by a party, the court may order that independent tests be performed by other experts qualified as examiners of blood types. In all cases, however, the court shall determine the number and qualifications of the experts. In all cases the results shall be made known to all parties at interest as soon as available. An order issued under this Code section is enforceable by contempt, provided that, if the petitioner refuses to submit to an order for a blood test, the court may dismiss the action upon motion of the respondent."
Section 4. Said title is further amended by striking subsection (a) of Code Section 19-7-46, relating to evidence at a trial, and inserting in its place a new subsection (a) to read as follows:

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JOURNAL OF THE HOUSE,

"(a) The results of medical tests and comparisons ordered by the court are as admissible as is ethc* e*pert testimony ^ including the statistical likelihood of the alleged parent's parentage, if available, shall be admitted in evidence when offered by a duly qualified, licensed practicing physician, duly qualified immunologist, duly qualified geneticist, or other duly qualified person."
Section 5. Said title is further amended by striking Code Section 19-11-9.1, relating to information about obligors, and inserting in its place a new Code Section 19-11-9.1 to read as follows:
"19-11-9.1. Any state or local agency or private employer of this state, upon the request of the department, shall provide the department with information regarding the name, address, and social security number of a person owing or allegedly owing an obligation of support for a dependent child. In addition to the preceding information, if the case involves a person receiving public assistance, the employer shall also provide information regarding earnings. The department upon receipt of this information may make it available only to the appropriate officials or agency of this state or any other state operating a program pursuant to Title IV-D of the federal Social Security Act."
Section 6. Said title is further amended by adding, immediately following Code Section 19-11-26, a new Code Section 19-11-27 to read as follows:
"19-11-27. Information and records obtained by the department pursuant to any provision of this article or Title IV-D of the federal Social Security Act shall be deemed to be confidential and shall be released only by permission of the party or parties named in the information or records, by order of the court, or for those purposes specifically authorized by this article. Any person who violates this Code section shall be guilty of a misdemeanor."
Section 7. All laws and parts of laws in conflict with this Act are repealed.

Representative Chambless of the 133rd moved that the House agree to the Senate substitute to HB 547.
On the motion the ayes were 109, nays 0.
The motion prevailed.

HB 406. By Representatives Orrock of the 30th, Martin of the 26th, Brown of the 88th, Turnquest of the 56th and Bordeaux of the 122nd:
A bill to amend Code Section 34-9-281 of the Official Code of Georgia Annotated, relating to prerequisites to compensation for occupational disease, so as to extend the time period for filing of claims resulting from occupational disease.

The following Senate amendment was read:

Amend HB 406 by striking on line 3 of page 1 the following: "extend", and inserting in its place the following: "revise". By striking lines 23 and 24 of page 1 and inserting in lieu thereof the following: "asbestosis or mesothelioma related to exposure to asbestos shall have one year from the date".

WEDNESDAY, MARCH 13, 1991

2369

Representative Orrock of the 30th moved that the House agree to the Senate amendment to HB 406.
On the motion the ayes were 109, nays 10.
The motion prevailed.

HB 782. By Representatives Fennel of the 155th, Smith of the 156th and Coleman of the 118th:
A bill to amend Code Section 32-10-71 of the Official Code of Georgia Annotated, relating to acquisition, maintenance, and operation of tollway projects, so as to authorize certain local governments to establish a parking fee for persons using certain tollway facilities; to authorize the local government to contract with the State Tollway Authority for assistance in collection of the fee.

The following Senate substitute was read:

A BILL
To amend Code Section 32-10-71 of the Official Code of Georgia Annotated, relating to acquisition, maintenance, and operation of tollway projects, so as to authorize certain local governments to establish a parking fee for persons using certain tollway facilities; to authorize the local government to contract with the State Tollway Authority for assistance in collection of the fee; to authorize the Department of Transportation to assist in the collection of such fees; to provide for reimbursement to the department and the authority by the local government; to authorize the Department of Transportation, when consistent with federal law and regulations, the authority to allow local governments to set and collect a parking fee for persons using certain state highways; to authorize the State Tollway Authority to collect a parking fee on the state highway system; to authorize the local government to contract with the State Tollway Authority for assistance in collection of the fee; to provide for reimbursement to the authority; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 32-10-71 of the Official Code of Georgia Annotated, relating to acquisition, maintenance, and operation of tollway projects, is amended by designating the existing language of Code Section 32-10-71 as subsection (a) and by adding new subsections (b) and (c) to read as follows:
"(b) When an existing state tollway facility has been acquired from a local government by the authority or the department, and the state tollway facility provides access to an island with public beaches that are in need of maintenance, repair, or restoration, the State Tollway Authority may assist the local government in the collection of a parking fee for each vehicle entering the island. The local government is authorized to set a fee on roads, streets, and parking facilities owned by the local government for such purposes and may contract with the authority to collect the fee. The department is authorized to assist the authority in the collection of the fee. The local government shall reimburse the department and the authority for any costs associated with executing the terms of the contract.
(c) When a state highway provides access to an island with public beaches that are in need of maintenance, repair, or restoration, the Department of Transportation may, if consistent with federal law and regulations, authorize the local government to set and collect a parking fee for the purpose of providing funding for such maintenance, repair, or restoration. The department is authorized to allow the authority to collect such parking fee on the state highway system, provided that the collection point shall lie within the corporate limits of the local government setting the parking fee. The authority is

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authorized to contract with the local government for the collection of the fee. The local government shall reimburse the authority for any costs associated with executing the terms of the contract."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Fennel of the 155th moved that the House agree to the Senate substitute HB 782.

On the motion, the ayes were 103, nays 3. The motion prevailed.

HB 366. By Representatives Mills of the 20th, Murphy of the 18th, Childers of the 15th, Walker of the 115th, Oliver of the 53rd and others:
A bill to amend Article 1 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to homicides, so as to change certain requirements regarding the time within which death must occur with respect to homicides.

The following Senate substitute was read:

A BILL
To amend Article 1 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to homicides, so as to change certain requirements regarding the time within which death must occur with respect to homicides; to provide for legislative intent; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to homicides, is amended by adding at the end thereof a new Code section to read as follows:
"16-5-4. In order to be a homicide punishable under this article, death need not have occurred within a year and a day from the date of the injury alleged to have caused such death."
Section 2. It is the intent of this Act to make statutory the ruling of the Supreme Court of Georgia that the year and a day rule referred to herein is not the law of Georgia.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Mills of the 20th moved that the House agree to the Senate substitute to HB 366.
On the motion the ayes were 112, nays 0.
The motion prevailed.

HB 905. By Representatives Ware of the 77th, Dunn of the 73rd, Ricketson of the 82nd and Jones of the 71st:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to delete provisions requiring notice of cancellation or nonrenewal of an individual accident and sickness insurance policy; to require a notice of nonrenewal or termination of a group accident and sickness insurance policy.

WEDNESDAY, MARCH 13, 1991

2371

The following Senate substitute was read:

A BILL
To amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, and Article 1 of Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding group or blanket accident and sickness insurance, so as to delete provisions requiring notice of cancellation or nonrenewal of an individual accident and sickness insurance policy; to require a notice of nonrenewal or termination of a group accident and sickness insurance policy; to provide for applicability; to provide exceptions; to revise certain standards and requirements for the rating of small groups; to provide for factors which may be considered in the rating of small groups; to authorize the Commissioner to exempt insurers from certain requirements regarding the rating of small groups; 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 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, is amended by striking Code Section 33-24-47.1, relating to notice prior to cancellation or nonrenewal of an individual or group accident and sickness insurance policy, in its entirety and inserting in its place a new Code Section 33-24-47.1 to read as follows:
"33-24-47.1. (a) This Code section shall apply only to policies2 contracts, or certificates of insurance insuring against loss resulting from sickness or from bodily injury or death by accident, or both, or any contract to furnish ambulance service in the future governed by the provisions of Chapters 29 15^ 18j 19^ 20, 21j and 30 of this title,
{b) As sed at this Gede section, the term? 4i) 'Nonrenewal' er 'nonrcnowcd' meaas a refusal by a iasteref- er- a affiliate ef-
such insurer te i-enewr \EI) .policies ifieans ft policy insuring d^ainst loss resulting iroitt sicKness of rpom*
oodiiy injury or deatn Dy accident* or ootiij or any contrftct to turnisn amouiftncc ser

insurer of & policy superseding at tne end of tne policy period ft policy previousty issued CUICL delivered oy tiie some insurer and providin^ no less tnan tne coverac con tamed tn tne superseded policy or issuance ftnet delivery of ft certificate or notice extcndin tne term of ft policy Deyoftd 119 policy period or term or trie extension o* tnc term of ft policy Dcyond its policy period or term pursuant to d provision lot extending the policy by payment of a continuation premium. Any policy with a peKey
oe considered to nave successive policy periods ending e&cn six montns tollowin^ its* originui dcttc of issue &ndt recordless ot its wordin^t tiny interim tei?minstion oy its tef8 er by refusal te accept premiums shall be a cancellation subject te this Code section. Any policy written for a term le*gef- than one year e* ay policy wrtfe ne fiaed expiration date shall be considered as if- written for successive policy periods er tenas ef ene yea* tme; any termination by a insurer effective en a anniversary date policy sn&ii DC dccn%ed ft rctusoi to renew. \C7 J-NO notice ot c&nceii&tion of & policy fts to wnicft tnis oode section Applies be effective unless mailed er delivered as prescribed m Code Section 33-24-44; provided, nowcvci?y tn&t tne notice of c&neeri&tion pccjuired oy suDsection v&j of Oode becttoft
Q<DQO-i"OaT~i*t----4x-j-dx ao&VKiacluli VU>Cc TIllvCtntlillCorUt tnTTr rUlCn1HivVnCrfnCHU TIHin/Lt IInt!n3n9 ftVllitntyl>l fOtTAJ <U4agyirHa njjrriinVrf "tCnTJ it~iVlt>?n nCfIfjlC^iv-iL-ilirVfhv UrlBnvtCn
of cancellation. The mawer shftti provide tfee teason of teasons lor such cancellation as
rrnunijiuiinrncrut Kvy\r vf.^Kiinnyjjiwtnjrr oQsQ? or\rf -LfrIIiIiqS ini'nflco.
^d) (b) No insurer shall refuse to renew a policy to which this Code section applies unless a written notice of nonrenewal is mailed or delivered in person to the named insured group policyholder. Such notice stating the time when nonrenewal will be effective, which shall not be less than 60 days from the date of mailing or delivery of such

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JOURNAL OF THE HOUSE,

notice of nonrenewal or such longer period as may be provided in the contract or by statute, shall be delivered in person or by depositing the notice in the United States mails to be dispatched by at least first-class mail to the last address of record of the insured group policyholder and receiving the receipt provided by the United States Postal Service or such other evidence of mailing as prescribed or accepted by the United States Postal Service. ^Fhe insurer shall provide the reason er reasons for nonrcncwal as
ir-cnvnj iuiiirrncrul Voyw fv^iiVHtjoJntt-ocrr w ?tQ f\n\f in-Vu>aia ti/iiit>Iicn<
4e> (c) Notice to the i*8teel group policyholder shall not be required by this Code section when a group or blanket accident and sickness policy is canceled by an insurer for nonpayment of any premium at the expiration of the 31 day grace period as required by Code Section 33-30-4 or when tm individual policy of accident aad sickness insurance is canceled by insttfer for nonpayment ef any premium at the end ef ft grace period as required fey paragraph $J) ef subsection -(b) f Code Section 33-20-8 the group policyholder has given any required written notice of termination to the insurer.
(d) A notice of termination of a policy to which this Code section applies shall be mailed or delivered to the group policyholder and to each employer group or subgroup insured under the policy not less than 60 days prior to the effective date of the termination of the policy. A notice of termination shall be mailed or delivered in the same manner provided in subsection (b) of this Code section for a notice of nonrenewal."
Section 2. Article 1 of Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding group or blanket accident and sickness insurance, is amended by striking Code Section 33-30-12, relating to standards and requirements for rating of small groups, and inserting in its place a new Code Section 33-30-12 to read as follows:
"33-30-12. (a) As used in this Code section, the term 'small group' means a group or subgroup of 50 or fewer employees, members, or enrollees.
(b) The Except as otherwise provided in this Code section, the claims experience produced by small groups covered under accident and sickness insurance for each insurer shall be fully pooled for rating purposes. Except to the extent that the claims experience of an individual small group affects the overall experience of the small group pool, the claims experience produced by any individual small group of each insurer shall not be used in any manner for rating purposes or solely as a reason for termination of any individual group.
(c) Each insurer's small group pool shall consist of each insurer's total claims experience produced by all small groups in this state, regardless of the marketing mechanism or distribution system utilized in the sale of the group insurance. The pool shall include the experience generated under any medical expense insurance coverage offered under separate group contracts; contracts issued to trusts, multiple employer trusts, or association groups or trusts; or any other group-type coverage. The experience produced under multiple employer trusts or arrangements through contracts issued in this state or provided by solicitation and sale to Georgia residents through an out-of-state multiple employer trust or arrangement for all the Georgia small groups shall be fully pooled for rating purposes. Multiple employer trusts or arrangements shall include any group or group-type coverage issued to a trust or association or to any other group policyholder where such group or group-type contract provides coverage, primarily or incidentally, for sole proprietors, employers, or both.
(d) Notwithstanding the requirements of subsection (b) of this Code section, age, sex, size, area, industry, occupational; and avocational factors and any other factors deemed relevant by the Commissioner may be considered in the initial and renewal rating of each small group. Durations since issue and tier factors may not be considered. Substandard rating in accordance with recognized underwriting practices may be applied to each employee, member, or enrollee and to each dependent member of the small group in the initial underwriting of a new or replacement group or when the member or dependent enters the small group for the first time but shall not be used for renewal rating purposes. Notwithstanding subsection (b) of this Code section, the total premium calculated for any individual small group may deviate from the pool rate by not more than plus or minus 25 percent based upon individual small group experience factors. The direct

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premium result of select or substandard underwriting practices shall not be considered a deviation from the pool rate.
(e) (1) If, according to recognized underwriting practices, a member or eligible dependent cannot be issued coverage at standard or substandard rates, then coverage may be issued with a waiver for a named impairment or impairments.
(2) If, according to recognized underwriting practices, a waiver may not be offered, coverage may be declined if the balance of the small group is accepted. (f) This Code section shall not apply to:
(1) Policies issued to an employer in another state which provides coverage for employees of this state employed by such employer policyholder;
(2) Policies issued to true association groups, which shall be defined as an association of governmental or public employees, an association of employees of a common employer, or an organization formed and operated in good faith for purposes other than that of procuring insurance and composed of members engaged in a common trade, business, or profession;
(3) A policy negotiated in connection with a collective bargaining agreement; or (4) Limited accident and sickness insurance policies such as hospital indemnity policies, specified disease policies, limited accident policies, or similar limited policies. (g) The Commissioner is authorized to exempt insurers from one or more provisions of this Code section upon satisfactory demonstration that such exemption will not result in rates which are unreasonable, inequitable, or unfair under the circumstances."
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.

Representative Dunn of the 73rd moved that the House agree to the Senate substitute to HB 905.
On the motion the ayes were 103, nays 2.
The motion prevailed.

HB 889. By Representatives Thomas of the 69th and Martin of the 26th:
A bill to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to change the provisions relating to administration of the laws relating to mental health; to provide for access by the Department of Human Resources and county boards of health to certain records.

The following Senate amendment was read:

Amend HB 889 by adding after the semicolon on line 12 of page 1 the following:
"to permit psychologists to perform certain acts which physicians may perform in the examination, evaluation, admission, treatment, habilitation, detention, and discharge of and other functions relating to mentally ill, mentally retarded, and alcoholic and drug dependent persons; to provide that certain provisions of said title are not mandatory but are discretionary; to change the provisions regarding discharge of patients; to change certain provisions relating to emergency treatment; to provide patients and clients with the ability to secure the services of a private psychologist; to change the composition and quorum requirements of certain committees; to provide for the release of certain records to psychologists; to provide for the scope of privileged communications with physicians and psychologists; to provide a definition of psychologist and provide for statutory construction; to provide for immunity from liability of psychologists;".
By adding following Section 5 the following:

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"Section 6. Said title is further amended by adding after paragraph (6) of Code Section 37-1-1, relating to definitions used in said title, a new paragraph to read as follows:
'(6.1) "Psychologist" means any person authorized under the laws of this state to practice as a licensed psychologist as set forth in paragraph (2) of Code Section 43-39-1.'
Section 7. Said title is further amended by adding after Code Section 37-1-23 a new Code section to read as follows:
'37-1-24. No provision in this title shall require the department or any facility or private facility or any community mental health center to utilize a physician in lieu of a psychologist or a psychologist in lieu of a physician in performing functions under this title even though this title authorizes either a physician or a psychologist to perform the function.'
Section 8. Said title is further amended by adding after paragraph (14) of Code Section 37-3-1, relating to definitions regarding mental health, a new paragraph to read as follows:
'(14.1) "Psychologist" means any person authorized under the laws of this state to practice as a licensed psychologist as set forth in paragraph (2) of Code Section 43-39-1.'
Section 9. Said title is further amended by striking subsection (a) of Code Section 37-3-22, relating to rights of voluntary patients to discharge, and inserting in its place a new subsection to read as follows:
'(a) A voluntary patient, other than a minor child for whom admission has been sought by his parents or guardian, who has admitted himself to a facility pursuant to subsection (a) of Code Section 37-3-20 or any voluntary patient's personal representative, legal guardian, parent, spouse, attorney, or adult next of kin may request such patient's discharge in writing at any time after his admission. If the patient was admitted on his own application and the request for discharge is made by a person other than the patient, the discharge shall be conditioned upon the agreement of the patient thereto, unless such other person is the legal guardian of the patient's person. The request for discharge may be submitted to the chief medical officer or to any staff physician or staff psychologist or staff registered nurse of the facility for transmittal to the chief medical officer. If the patient or another on his behalf makes an oral request for release to any member of the staff or other service provider, the patient must within 24 hours be given assistance in preparing a written request. The person to whom a written request is submitted shall deliver the request to the chief medical officer within 24 hours, Saturdays, Sundays, and legal holidays excluded. Within 72 hours, excluding Sundays and legal holidays, of the delivery of a written request for release to the chief medical officer, the patient must be discharged from the facility, unless the chief medical officer finds that the discharge would be unsafe for the patient or others, in which case proceedings for involuntary treatment must be initiated under either Code Section 37-3-41, Code Section 37-3-61, or Code Section 37-3-81.'
Section 10. Said title is further amended by striking Code Section 37-3-24, relating to transfers of involuntary patients to voluntary status, and inserting in its place a new Code section to read as follows:
'37-3-24. Any involuntary patient may apply to be transferred to voluntary status of hospitalization and shall be so transferred if he is able to understand and exercise the rights and powers of a voluntary patient unless the chief medical officer finds that this would not be in the best interest of the patient, which finding shall be entered in the patient's clinical record and signed by the chief medical officer. In any case in which such transfer to voluntary status occurs and in any case in which a patient

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transferred to voluntary status is discharged, notice of such transfer or discharge, as the case may be, shall be given: to the patient and his representatives; if the patient's hospitalization was ordered by the court, to the court which entered such order; if the patient was admitted to a facility under subsection (a) of Code Section 37-3-41, to the physician or psychologist executing the certificate; and, if the patient was under criminal charges, of which the facility received written notification, by certified mail to the law enforcement agency originally having custody of the patient. An involuntary patient transferred to voluntary status, which patient is under criminal charges, notice of which charges have been given in writing to the facility, may only be discharged into the physical custody of the law enforcement agency originally having custody of the patient. Such agency shall assume such custody within five days after the mailing of notification to the agency pursuant to this Code section.'
Section 11. Said title is further amended by striking subsection (c) of Code Section 37-3-43, relating to admission procedures for emergency receiving facilities, and inserting in its place a new subsection (c) to read as follows:
'(c) Notice of any proposed discharge shall be given to the patient and his representatives; if the patient was admitted to the facility under subsection (a) of Code Section 37-3-41, to the physician or psychologist who executed the certificate; if the patient was admitted to the facility under subsection (b) of Code Section 37-3-41, to the court which issued the order; and, if the patient was under criminal charges, written notice of which had been given to the facility, by certified mail to the law enforcement agency originally having custody of the patient.'
Section 12. Said title is further amended by striking Code Section 37-3-61, relating to petitions for court ordered evaluation, and inserting in its place a new Code section to read as follows:
'37-3-61. Proceedings for a court ordered evaluation may be initiated in the following manner:
(1) Any person may file an application executed under oath with the county board of health for a court ordered evaluation of a person located within that county who is alleged by such application to be a mentally ill person requiring involuntary treatment. Upon the filing of such application, the county board of health shall make a preliminary investigation and, if the investigation shows that there is probable cause to believe that such allegation is true, it shall file a petition with the court in the county where the patient is located seeking an involuntary admission for evaluation; and
(2) Any person may file with the court a petition executed under oath alleging that a person within the county is a mentally ill person requiring involuntary treatment. The petition must be accompanied by the certificate of a physician or psychologist stating that he has examined the patient within the preceding five days and has found that the patient may be a mentally ill person requiring involuntary treatment and that a full evaluation of the patient is necessary.'
Section 13. Said title is further amended by striking Code Section 37-3-64, relating to length of period of detention in evaluating facility, and inserting in its place a new Code section to read as follows:
'37-3-64. (a) A patient who has been admitted to an evaluating facility pursuant to Code Section 37-3-43, 37-3-63, or subparagraph (a)(3)(B) of Code Section 37-3-81.1 may be detained for a period not to exceed five days, Saturdays, Sundays, and holidays excluded. The patient shall be discharged upon a finding that the patient is not a mentally ill person requiring involuntary treatment or upon a finding and certification that the patient meets all of the outpatient treatment requirements of paragraphs (1), (2), and (3) of subsection (c) of Code Section 37-3-90, in which event a patient

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meeting those outpatient treatment requirements shall be discharged under the conditions provided in Code Section 37-3-91 but, in any event, upon the expiration of the five-day evaluation period unless:
(1) Within that period:
(A) The patient is admitted as a voluntary patient under Code Section 37-3-20; or
(B) The patient is admitted for involuntary inpatient treatment under Code Section 37-3-81; or
(2) The patient is under criminal charges, notice of which has been given in writing to the facility, in which case the provisions of Code Section 37-3-95 shall apply.
(b) If hospitalization appears desirable, the staff physicians of the evaluating facility shall encourage the patient to apply for voluntary hospitalization unless the attending physician finds that the patient is unable to understand the nature of voluntary hospitalization, that voluntary hospitalization would be harmful to the patient, or that the patient is determined to be a mentally ill person in need of involuntary treatment, which finding shall be entered in the patient's record.
(c) If, after evaluation of the patient, it is determined by the chief medical officer that proceedings for involuntary treatment of the patient should be initiated pursuant to Code Section 37-3-81 or pursuant to Part 4 of this article, the chief medical officer shall direct that an individualized service plan be developed for that patient during the five-day period that he is detained for evaluation in the facility.
(d) Notice of the discharge shall be given to the patient and his representatives; to the person who filed the petition; if the patient was admitted to the evaluating facility from an emergency receiving facility under Code Section 37-3-43, to the physician or psychologist who executed the certificate or to the court which issued the order pursuant to Code Section 37-3-41; if the patient was under criminal charges of which the facility received written notification, by certified mail to the law enforcement agency originally having custody of the patient; and, if the patient was admitted to the evaluating facility under Code Section 37-3-62, to the court that ordered the evaluation.'
Section 14. Said title is further amended by striking subsection (a) of Code Section 37-3-81, relating to the procedure for the detention of mentally ill patients beyond the evaluation period, and inserting in its place a new subsection to read as follows:
'(a) The patient may be detained at a facility beyond the evaluation period unless voluntary hospitalization is sought under subparagraph (a)(l)(A) of Code Section 37-3-64 only upon the recommendation of the chief medical officer of an evaluating facility where the patient has been examined under Part 2 of this article, which recommendation is supported by the opinions of two physicians who have personally examined the patient within the preceding five days and who agree that the patient is a mentally ill person requiring involuntary treatment but who does not meet the outpatient treatment requirements of paragraphs (1), (2), and (3) of subsection (c) of Code Section 37-3-90. Such recommendation of the chief medical officer and the opinions of the physicians shall be entered on a certificate. The certificate shall be filed along with a petition for a hearing in the court of the county in which the patient is being detained for evaluation. Nothing in this chapter shall be construed to prohibit a physician or a chief medical officer who has previously executed any other certificate authorized by the provisions of this chapter from executing a certificate provided for in this Code section for the same or any other patient. The certificate and petition shall be filed within five days, Saturdays, Sundays, and holidays excluded, after the patient is admitted to a facility for evaluation under Code Section 37-3-63. Such filing

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shall authorize detention of the patient by the facility pending completion of a full and fair hearing under this Code section. Copies of the certificate shall be served on the patient and his representatives within five days after the certificate is filed and shall be accompanied by:
(1) A notice that a hearing will be held and the time and place thereof;
(2) A notice that the patient has a right to counsel, that the patient or his representatives may apply immediately to the court to have counsel appointed if the patient cannot afford counsel, and that in such case the court will appoint counsel for the patient unless the patient indicates in writing that he does not desire to be represented by counsel;
(3) A copy of the individualized service plan developed by the facility under this chapter shall be sent to the patient and shall be sent to the patient's representative if requested by such representative. Notice of the right to receive such plan shall be given to the representatives at the time the service plan is sent to the patient;
(4) A notice that the patient has a right to be examined by a physician or psychologist of his own choice at his own expense and to have that physician or psychologist submit a suggested service plan for the patient which conforms with the requirements of paragraph (9) of Code Section 37-3-1; and
(5) A notice that the patient may waive in writing the hearing described in subsection (c) of this Code section.'
Section 15. Said title is further amended by striking paragraph (2) of subsection (a) of Code Section 37-3-81.1 relating to disposition of patient upon hearing, and inserting in its place a new paragraph to read as follows:
'(2) That the patient is an outpatient, the court shall further determine, based upon either the individualized service plan required to be prepared under subsection (c) of Code Section 37-3-64 or subsection (b) of Code Section 37-3-91 or the individualized service plan proposed by the physician or psychologist chosen by the patient, whether there is available outpatient treatment for the patient which meets the requirements of the plan chosen by the court and whether the patient will likely obtain that treatment so as to minimize the likelihood of the patient's becoming an inpatient. If the court determines that there is such available outpatient treatment which the patient will likely obtain so as to minimize the likelihood of the patient's becoming an inpatient, then the court shall order the patient to obtain that treatment and shall discharge the patient subject to such order;'
Section 16. Said title is further amended by striking subsections (a) and (b) of Code Section 37-3-82 relating to procedure upon failure of or noncompliance with involuntary outpatient treatment plan, and inserting in its place new subsections to read as follows:
'(a) If at any time during a period of involuntary outpatient treatment, including but not limited to interim outpatient treatment arranged pursuant to subsection (b) of Code Section 37-3-91, the physician or psychologist in charge of the patient's outpatient service plan determines that, because of a change in the patient's condition, the least restrictive alternative which would accomplish the treatment goals is hospitalization of the patient, then that physician or psychologist may execute a certificate under the conditions specified in subsection (a) of Code Section 37-3-41. That certificate shall have the same duration and effect as a certificate issued pursuant to subsection (a) of Code Section 37-3-41.
(b) If at any time during a period of involuntary outpatient treatment, including but not limited to interim outpatient treatment arranged pursuant to subsection (b) of Code Section 37-3-91, the patient fails without good cause or refuses to comply with the outpatient service plan, the physician or psychologist in charge of the outpatient service plan or that physician's designee may petition the court originally approving

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the involuntary treatment of the patient or the court of the county in which the patient is a resident or where the patient may be found for an order authorizing a peace officer to take the patient and immediately deliver the patient to the community mental health center in charge of the patient's outpatient service plan, if a physician is available there to examine the patient, or to the nearest emergency receiving facility serving the county in which the patient is found. If in the discretion of the court such an order is issued, the patient shall be delivered to the facility and may be given such emergency or other medical treatment as is indicated by good medical practice. The patient must be released from the custody of the community mental health center within four hours and from the custody of the emergency receiving facility within 48 hours after being taken into the custody of that center or facility unless the examining physician concludes that, because of a change in the patient's condition, the least restrictive alternative which would accomplish the treatment goals is hospitalization of the patient. That The physician or a psychologist may then execute a certificate under the conditions specified therefor in subsection (a) of Code Section 37-3-41, if the examination is done in a community mental health center . A physician may execute a certificate under the conditions specified therefor in Code Section 37-3-43, if the examination is done in an emergency receiving facility. That certificate shall have the same duration and effect as a certificate issued pursuant to subsection (a) of Code Section 37-3-41 or Code Section 37-3-43, as applicable.'
Section 17. Said title is further amended by striking subsections (c) and (e) of Code Section 37-3-83, relating to the procedure for continued involuntary hospitalization of mentally ill persons, and inserting in their respective places new subsections to read as follows:
'(c) A Committee for Continued Involuntary Treatment Review shall be established by the chief medical officer of each hospital and shall consist of not less than three physicians aad et less than twe ethei persons ef a professional status five persons of professional status, at least one of whom shall be a physician and at least two others of whom shall be either physicians or psychologists. The committee may conduct its meetings with a quorum of any three members at least one of whom shall be a physician. The function of this committee shall be to review and evaluate the updated individualized service plan of each patient of the hospital and to report to the chief medical officer its recommendations concerning the patient's need for continued involuntary treatment. No person who has responsibility for the care and treatment of the individual patient for whom continued involuntary treatment is requested shall serve on any committee which reviews such individual's case.'
'(e) Within ten days of the date of the notice, the committee shall meet to consider the matter of the chief medical officer's intention to seek an order for continued involuntary treatment. Prior to the committee's meeting, the patient and his representatives shall be notified of the following: the purpose of such meeting, the time and place of such meeting, their right to be present at such meeting, and their right to present any alternative individualized service plan secured at their expense. In those cases in which the patient will not or cannot appear, at least one member of the committee will make all reasonable efforts to interview the patient and report to the committee. The attending physician or psychologist proposing the treatment plan shall present an updated individualized service plan for the patient to the committee. The committee shall report to the chief medical officer or his designee, other than the attending physician or psychologist proposing the treatment plan or a member of the committee, its written recommendations along with any minority recommendations which may also be submitted. Such report will specify whether or not the patient is a mentally ill person requiring involuntary treatment and whether continued hospitalization is the least restrictive alternative available.'
Section 18. Said title is further amended by striking subsection (b) of Code Section 37-3-93, relating to court orders for outpatient treatment, and inserting in its place a new subsection to read as follows:

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'(b) If it is necessary to continue available outpatient treatment beyond the period authorized pursuant to subsection (a) of this Code section, at least 60 days prior to the expiration of that period the physician or psychologist responsible for that treatment, or the person responsible for the patient's treatment under the direction and with approval of the physician shall:
(1) Update the patient's individualized service plan;
(2) Prepare a report containing evidence that the patient meets all the requirements for available outpatient treatment under paragraphs (1), (2), and (3) of subsection (c) of Code Section 37-3-90; and
(3) Petition the hearing examiners appointed to hold hearings under Code Section 37-3-83 for an order requiring the patient to obtain available outpatient treatment beyond the period previously ordered for the patient.
The petition shall contain a plain and simple statement that the patient or the patient's representatives may file a request for a hearing with a hearing examiner appointed to hold hearings pursuant to Code Section 37-3-83 within 15 days after service of the petition, that the patient has a right to counsel at the hearing, that the patient or the patient's representatives may apply immediately to the court to have counsel appointed if the patient cannot afford counsel, and that the court will appoint counsel for the patient unless the patient indicates in writing that the patient does not desire to be represented by counsel or has made the patient's own arrangements for counsel.'
Section 19. Said title is further amended by striking subsection (b) of Code Section 37-3-94, relating to reviews of individual service plans, and inserting in its place a new subsection to read as follows:
'(b) Any time a patient is found by the physician or psychologist in charge of the patient's outpatient treatment no longer to be a mentally ill person requiring involuntary treatment, that physician or psychologist shall discharge the patient from further compliance with the treatment.'
Section 20. Said title is further amended by striking Code Section 37-3-162, relating to rights of patients to suitable treatment, and inserting in its place a new Code section to read as follows:
'37-3-162. (a) Each patient in a facility and each person receiving services for mental illness shall receive care and treatment that is suited to his needs and is the least restrictive appropriate care and treatment. Such care and treatment shall be administered skillfully, safely, and humanely with full respect for the patient's dignity and personal integrity.
(b) Each patient shall have the right to participate in his care and treatment. The board shall issue regulations to ensure that each patient participates in his care and treatment to the maximum extent possible. Unless the disclosure to the patient is determined by the chief medical officer or the patient's treating physician to be detrimental to the physical or mental health of the patient, and unless a notation to that effect is made a part of the patient's record, the patient shall have the right to reasonable access to review his medical file, to be told his diagnosis, to be consulted on the treatment recommendation, and to be fully informed concerning his medication, including its side effects and available treatment alternatives.
(c) It is the duty of the chief medical officer to ensure that each patient receives such medical attention as is suitable to his condition and that no treatment shall be given which is not recognized as standard psychiatric treatment, except upon the written consent of the patient or, if applicable, his guardian having capacity to give such consent. If such consent is given by someone other than the patient or such guardian, court approval must be obtained after a full and fair hearing.

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(d) If a patient hospitalized under this chapter is able to secure the services of a private physician or psychologist, he shall be allowed to see his physician or psychologist at any reasonable time. The chief medical officer is authorized and directed to establish regulations designed to facilitate examination and treatment which a patient may request from such private physician or psychologist.
(e) Every patient admitted to a facility under this chapter shall be examined by the staff of the admitting facility as soon as possible after his admission.'
Section 21. Said title is further amended by striking paragraphs (1) and (6) of subsection (a) of Code Section 37-3-166, relating to the maintenance, confidentiality, and release of clinical records of mentally ill persons, and inserting in their respective places new paragraphs to read as follows:
'(1) When the chief medical officer of the facility where the record is kept deems it essential for continued treatment, the record or parts thereof may be released to physicians or psychologists when and as necessary for the treatment of the patient;'
'(6) In a bona fide medical emergency, as determined by a physician treating the patient, the chief medical officer may release the patient's record to the treating physician or to the patient's psychologist;'
Section 22. Said title is further amended by striking from said Code Section 37-3-166 subsections (b) and (c) thereof and inserting in their respective places new subsections to read as follows:
'(b) In connection with any hearing held under this chapter, any physician, including any psychiatrist, or any psychologist who is treating or who has treated the patient shall be authorized to give evidence as to any matter concerning the patient, including evidence as to communications otherwise privileged under Code Section 24-9-21, 24-9-404 or 43-39-16.
(c) Any disclosure authorized by this Code section or any unauthorized disclosure of confidential or privileged patient information or communications shall not in any way abridge or destroy the confidential or privileged character thereof, except for the purpose for which such authorized disclosure is made. Any person making a disclosure authorized by this Code section shall not be liable to the patient or any other person, notwithstanding any contrary provision of Code Section 24-9-21z or 24-9-402 or 43-39-16.'
Section 23. Said title is further amended by striking Code Section 37-3-168, relating to right of patient's attorney to interview physicians, and inserting in its place a new Code section to read as follows:
'37-3-168. The patient's attorney shall have the right, at reasonable times, to interview the physician or psychologist and staff who have attended or are now attending the patient in any facility and to have the patient's records interpreted by them. The chief medical officer is authorized and directed to establish reasonable regulations to make available to the patient's attorney all such information in the possession of the facility as the attorney requires in order to advise and represent the patient concerning his hospitalization.'
Section 24. Said title is further amended by striking Code Section 37-4-6, relating to immunity of certain persons for actions taken in compliance with Chapter 4 of Title 37, and inserting in its place a new Code section to read as follows:
'37-4-6. Any physician, psychologist, peace officer, attorney, or health official; or any hospital official, agent, or other person employed by a private hospital or at a facility operated by the state, by a political subdivision of the state, or by a hospital authority created pursuant to the "Hospital Authorities Law," Article 4 of Chapter 7 of Title 31; who acts in good faith in compliance with the admission and discharge

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provisions of this chapter shall be immune from civil or criminal liability for his actions in connection with the admission of a client to a facility or the discharge of a client from a facility.'
Section 25. Said title is further amended by striking subsection (d) of Code Section 37-4-122, relating to rights of clients to habilitation, and inserting in its place a new subsection to read as follows:
'(d) If a client admitted to a facility under this chapter is able to secure the services of a private physician or psychologist, he shall be allowed to see his physician or psychologist at any reasonable time. The superintendent is authorized and directed to establish regulations designed to facilitate examination and treatment which a client may request from such private physician or psychologist.'
Section 26. Said title is further amended by striking subsections (b) and (c) of Code Section 37-4-125, relating to confidentiality of records of mentally retarded persons, and inserting in their respective places new subsections to read as follows:
'(b) In connection with any hearing held under this chapter, any physician, including any psychiatrist, or any psychologist who is treating or who has treated the client shall be authorized to give evidence as to any matter concerning the client, except tot including evidence as to communications otherwise privileged under Code Section 24-9-21, 24-9-402 or 43-39-16.
(c) Any disclosure authorized by this Code section or any unauthorized disclosure of confidential or privileged client information or communications shall not in any way abridge or destroy the confidential or privileged character thereof, except for the purpose for which such authorized disclosure is made. Any person making a disclosure authorized by subsection (a) of this Code section shall not be liable to the client or any other person, notwithstanding any contrary provision of Code Section 24-9-21, 24-9-40z or 43-39-16.'
Section 27. Said title is further amended by adding after paragraph (17) of Code Section 37-7-1, relating to definitions regarding treatment of alcoholic or drug dependent persons, a new paragraph to read as follows:
'(17.1) "Psychologist" means any person authorized under the laws of this state to practice as a licensed psychologist as set forth in paragraph (2) of Code Section 43-39-1.'
Section 28. Said title is further amended by striking subsection (a) of Code Section 37-7-22, relating to rights of voluntary patients to discharge, and inserting in its place a new subsection to read as follows:
'(a) A voluntary patient, other than a minor child for whom admission has been sought by his parents or guardian, who has admitted himself to a facility pursuant to subsection (a) of Code Section 37-7-20 or any voluntary patient's personal representative, legal guardian, parent, spouse, attorney, or adult next of kin may request such patient's discharge in writing at any time after his admission. If the patient was admitted on his own application and the request for discharge is made by a person other than the patient, the discharge shall be conditioned upon the agreement of the patient thereto, unless such other person is the legal guardian of the patient's person. The request for discharge may be submitted to the chief medical officer or to any staff physician or staff psychologist or staff registered nurse of the facility for transmittal to the chief medical officer. If the patient or another on his behalf makes an oral request for release to any member of the staff or other service provider, the patient must within 24 hours be given assistance in preparing a written request. The person to whom a written request is submitted shall deliver the request to the chief medical officer within 24 hours, Saturdays, Sundays, and legal holidays excluded. Within 72 hours, excluding Sundays and legal holidays, of the delivery of a written request for

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release to the chief medical officer, the patient must be discharged from the facility, unless the chief medical officer finds that the discharge would be unsafe for the patient or others, in which case proceedings for involuntary treatment must be initiated under either Code Section 37-7-41, Code Section 37-7-61, or Code Section 37-7-81.'
Section 29. Said title is further amended by striking Code Section 37-7-24, relating to transfers of involuntary patients to voluntary status, and inserting in its place a new Code section to read as follows:
'37-7-24. Any involuntary patient may apply to be transferred to voluntary status of hospitalization and shall be so transferred if he is able to understand and exercise the rights and powers of a voluntary patient unless the chief medical officer finds that this would not be in the best interest of the patient, which finding shall be entered in the patient's clinical record and signed by the chief medical officer. In any case in which such transfer to voluntary status occurs and in any case in which a patient transferred to voluntary status is discharged, notice of such transfer or discharge, as the case may be, shall be given to the patient and his representatives; if the patient's hospitalization was ordered by the court, to the court which entered such order; if the patient was admitted to a facility under subsection (a) of Code Section 37-7-41, to the physician or psychologist executing the certificate; and, if the patient was under criminal charges, of which the facility received written notification, by certified mail to the law enforcement agency originally having custody of the patient. An involuntary patient transferred to voluntary status, which patient is under criminal charges, notice of which charges have been given in writing to the facility, may only be discharged into the physical custody of the law enforcement agency originally having custody of the patient. Such agency shall assume such custody within five days after the mailing of notification to the agency pursuant to this Code section.'
Section 30. Said title is further amended by striking subsection (c) of Code Section 37-7-43, relating to admission procedures for emergency receiving facilities, and inserting in its place a new subsection (c) to read as follows:
'(c) Notice of any proposed discharge shall be given to the patient and his representatives; if the patient was admitted to the facility under subsection (a) of Code Section 37-7-41, to the physician or psychologist who executed the certificate; if the patient was admitted to the facility under subsection (b) of Code Section 37-7-41, to the court which issued the order; and if the patient was under criminal charges, written notice of which had been given to the facility, by certified mail to the law enforcement agency originally having custody of the patient.'"
Section 31. Said title is further amended by striking Code Section 37-7-61, relating to petitions for court ordered evaluation, and inserting in its place a new Code section to read as follows:
'37-7-61. Proceedings for a court ordered evaluation may be initiated in the following manner:
(1) Any person may file an application executed under oath with the county board of health for a court ordered evaluation of a person located within that county who is alleged by such application to be an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment. Upon the filing of such application, the county board of health shall make a preliminary investigation and, if the investigation shows that there is probable cause to believe that such allegation is true, it shall file a petition with the court in the county where the patient is located seeking an involuntary admission for evaluation; and
(2) Any person may file with the court a petition executed under oath alleging that a person within the county is an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment. The petition must be accompanied by

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the certificate of a physician or psychologist stating that he has examined the patient within the preceding five days and has found that the patient may be an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment and that a full evaluation of the patient is necessary.'
Section 32. Said title is further amended by striking Code Section 37-7-64, relating to length of period of detention in evaluating facility, and inserting in its place a new Code section to read as follows:
'37-7-64. (a) A patient who has been admitted to an evaluating facility pursuant to Code Section 37-7-43, 37-7-63, or subparagraph (a)(3)(B) of Code Section 37-7-81.1 may be detained for a period not to exceed five days, Saturdays, Sundays, and holidays excluded. The patient shall be discharged upon a finding that the patient is not an alcoholic, a drug dependent person, or a drug abuser requiring involuntary treatment or upon a finding and certification that the patient meets all of the outpatient treatment requirements of paragraphs (1), (2), and (3) of subsection (c) of Code Section 37-7-90, in which event a patient meeting those outpatient treatment requirements shall be discharged under the conditions provided in Code Section 37-7-91 but, in any event, upon the expiration of the five-day evaluation period unless:
(1) Within that period:
(A) The patient is admitted as a voluntary patient under Code Section 37-7-20; or
(B) The patient is admitted for involuntary inpatient treatment under Code Section 37-7-81; or
(2) The patient is under criminal charges, notice of which has been given in writing to the facility, in which case the provisions of Code Section 37-7-95 shall apply.
(b) If hospitalization appears desirable, the staff physicians or psychologists of the evaluating facility shall encourage the patient to apply for voluntary hospitalization unless the attending physician finds that the patient is unable to understand the nature of voluntary hospitalization, that voluntary hospitalization would be harmful to the patient, or that the patient is determined to be an alcoholic, a drug dependent individual, or a drug abuser in need of involuntary treatment, which finding shall be entered in the patient's record.
(c) If, after evaluation of the patient, it is determined by the chief medical officer that proceedings for involuntary treatment of the patient should be initiated pursuant to Code Section 37-7-81 or pursuant to Part 4 of this article, the chief medical officer shall direct that an individualized treatment plan be developed for that patient during the five-day period that he is detained for evaluation in the facility.
(d) Notice of the discharge shall be given to the patient and his representatives; to the person who filed the petition; if the patient was admitted to the evaluating facility from an emergency receiving facility under Code Section 37-7-43, to the physician or psychologist who executed the certificate or to the court which issued the order pursuant to Code Section 37-7-41; if the patient was under criminal charges of which the facility received written notification, by certified mail to the law enforcement agency originally having custody of the patient; and, if the patient was admitted to the evaluating facility under Code Section 37-7-62, to the court that ordered the evaluation.'
Section 33. Said title is further amended by striking subsection (a) of Code Section 37-7-81, relating to the procedure for the detention of patients beyond the evaluation period, and inserting in its place a new subsection to read as follows:
'(a) The patient may be detained at a facility beyond the evaluation period unless voluntary hospitalization is sought under subparagraph (a)(l)(A) of Code Section

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37-7-64 only upon the recommendation of the chief medical officer of an evaluating facility where the patient has been examined under Part 2 of this article, which recommendation is supported by the opinions of two physicians who have personally examined the patient within the preceding five days and who agree that the patient is an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment but who does not meet the outpatient treatment requirements of paragraphs (1), (2), and (3) of subsection (c) of Code Section 37-7-90. Such recommendation of the chief medical officer and the opinions of the physicians shall be entered on a certificate. The certificate shall be filed along with a petition for a hearing in the court of the county in which the patient is being detained for evaluation. Nothing in this chapter shall be construed to prohibit a physician or a chief medical officer who has previously executed any other certificate authorized by the provisions of this chapter from executing a certificate provided for in this Code section for the same or any other patient. The certificate and petition shall be filed within five days, Saturdays, Sundays, and holidays excluded, after the patient is admitted to a facility for evaluation under Code Section 37-7-63. Such filing shall authorize the detention of the patient by the facility pending completion of a full and fair hearing under this Code section. Copies of the certificate shall be served on the patient and his representatives within five days after the certificate is filed and shall be accompanied by:
(1) A notice that a hearing will be held and the time and place thereof;
(2) A notice that the patient has a right to counsel, that the patient or his representatives may apply immediately to the court to have counsel appointed if the patient cannot afford counsel, and that in such case the court will appoint counsel for the patient unless the patient indicates in writing that he does not desire to be represented by counsel;
(3) A copy of the individualized treatment plan developed by the facility under this chapter shall be sent to the patient and shall be sent to the patient's representative if requested by such representative. Notice of the right to receive such plan shall be given to the representatives at the time the treatment plan is sent to the patient;
(4) A notice that the patient has a right to be examined by a physician or psychologist of his own choice at his own expense and to have that physician or psychologist submit a suggested treatment plan for the patient which conforms with the requirements of paragraph (14) of Code Section 37-7-1; and
(5) A notice that the patient may waive in writing the hearing described in subsection (c) of this Code section.'
Section 34. Said title is further amended by striking paragraph (2) of subsection (a) of Code Section 37-7-81.1 relating to disposition of patient upon hearing, and inserting in its place a new paragraph to read as follows:
'(2) That the patient is an outpatient, the court shall further determine, based upon either the individualized treatment plan required to be prepared under subsection (c) of Code Section 37-7-64 or subsection (b) of Code Section 37-7-91 or the individualized treatment plan proposed by the physician or psychologist chosen by the patient, whether there is available outpatient treatment for the patient which meets the requirements of the plan chosen by the court and whether the patient will likely obtain that treatment so as to minimize the likelihood of the patient's becoming an inpatient. If the court determines that there is such available outpatient treatment which the patient will likely obtain so as to minimize the likelihood of the patient's becoming an inpatient, then the court shall order the patient to obtain that treatment and shall discharge the patient subject to such order;'
Section 35. Said title is further amended by striking subsections (a) and (b) of Code Section 37-7-82 relating to procedure upon failure of or noncompliance with involuntary outpatient treatment plan, and inserting in its place new subsections to read as follows:

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'(a) If at any time during a period of involuntary outpatient treatment, including but not limited to interim outpatient treatment arranged pursuant to subsection (b) of Code Section 37-7-91, the physician or psychologist in charge of the patient's outpatient treatment plan determines that, because of a change in the patient's condition, the least restrictive alternative which would accomplish the treatment goals is hospitalization of the patient, then that physician or psychologist may execute a certificate under the conditions specified in subsection (a) of Code Section 37-7-41. That certificate shall have the same duration and effect as a certificate issued pursuant to subsection (a) of Code Section 37-7-41.
(b) If at any time during a period of involuntary outpatient treatment, including but not limited to interim outpatient treatment arranged pursuant to subsection (b) of Code Section 37-7-91, the patient fails without good cause or refuses to comply with the outpatient treatment plan, the physician in charge of the outpatient treatment plan or that physician's designee may petition the court originally approving the involuntary treatment of the patient or the court of the county in which the patient is a resident or where the patient may be found for an order authorizing a peace officer to take the patient and immediately deliver the patient to the community mental health center in charge of the patient's outpatient treatment plan, if a physician is available there to examine the patient, or to the nearest emergency receiving facility serving the county in which the patient is found. If in the discretion of the court such an order is issued, the patient shall be delivered to the facility and may be given such emergency or other medical treatment as is indicated by good medical practice. The patient must be released from the custody of the community mental health center within four hours and from the custody of the emergency receiving facility within 48 hours after being taken into the custody of that center or facility unless the examining physician concludes that, because of a change in the patient's condition, the least restrictive alternative which would accomplish the treatment goals is hospitalization of the patient. That The physician or a psychologist may then execute a certificate under the conditions specified therefor in subsection (a) of Code Section 37-7-41, if the examination is done in a community mental health center; er . A physician may execute a certificate under the conditions specified therefor in Code Section 37-7-43, if the examination is done in an emergency receiving facility. That certificate shall have the same duration and effect as a certificate issued pursuant to subsection (a) of Code Section 37-7-41 or Code Section 37-7-43, as applicable.'
Section 36. Said title is further amended by striking subsections (c) and (e) of Code Section 37-7-83, relating to the procedure for continued involuntary hospitalization of persons, and inserting in their respective places new subsections to read as follows:
'(c) A Committee for Continued Involuntary Treatment Review shall be established by the chief medical officer of each hospital and shall consist of not less than three physicians and net less than two ether persons ef a professional status five persons of professional status, at least one of whom shall be a physician and at least two others of whom shall be either physicians or psychologists. The committee may conduct its meetings with a quorum of any three members at least one of whom shall be a physician. The function of this committee shall be to review and evaluate the updated individualized treatment plan of each patient of the hospital and to report to the chief medical officer its recommendations concerning the patient's need for continued involuntary treatment. No person who has responsibility for the care and treatment of the individual patient for whom continued involuntary treatment is requested shall serve on any committee which reviews such individual's case.'
'(e) Within ten days of the date of the notice, the committee shall meet to consider the matter of the chief medical officer's intention to seek an order for continued involuntary treatment. Prior to the committee's meeting, the patient and his representatives shall be notified of the following: the purpose of such meeting, the time and place of such meeting, their right to be present at such meeting, and their right to present any alternative individualized treatment plan secured at their expense. In

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those cases in which the patient will not or cannot appear, at least one member of the committee will make all reasonable efforts to interview the patient and report to the committee. The attending physician or psychologist proposing the treatment plan shall present an updated individualized treatment plan for the patient to the committee. The committee shall report to the chief medical officer or his designee, other than the attending physician or psychologist proposing the treatment plan or a member of the committee, its written recommendations along with any minority recommendations which may also be submitted. Such report will specify whether or not the patient is an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment and whether continued hospitalization is the least restrictive alternative available.'
Section 37. Said title is further amended by striking subsection (b) of Code Section 37-7-93, relating to court orders for outpatient treatment, and inserting in its place a new subsection to read as follows:
'(b) If it is necessary to continue available outpatient treatment beyond the period authorized pursuant to subsection (a) of this Code section, at least 60 days prior to the expiration of that period the physician or psychologist responsible for that treatment, or the person responsible for the patient's treatment under the direction and with approval of the physician shall:
(1) Update the patient's individualized treatment plan;
(2) Prepare a report containing evidence that the patient meets all the requirements for available outpatient treatment under paragraphs (1), (2), and (3) of subsection (c) of Code Section 37-7-90; and
(3) Petition the hearing examiners appointed to hold hearings under Code Section 37-7-83 for an order requiring the patient to obtain available outpatient treatment beyond the period previously ordered for the patient.
The petition shall contain a plain and simple statement that the patient or the patient's representatives may file a request for a hearing with a hearing examiner appointed to hold hearings pursuant to Code Section 37-7-83 within 15 days after service of the petition, that the patient has a right to counsel at the hearing, that the patient or the patient's representatives may apply immediately to the court to have counsel appointed if the patient cannot afford counsel, and that the court will appoint counsel for the patient unless the patient indicates in writing that the patient does not desire to be represented by counsel or has made the patient's own arrangements for counsel.'
Section 38. Said title is further amended by striking subsection (b) of Code Section 37-7-94, relating to reviews of individual treatment plans, and inserting in its place a new subsection to read as follows:
'(b) Any time a patient is found by the physician or psychologist in charge of the patient's outpatient treatment no longer to be an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment, that physician or psychologist shall discharge the patient from further compliance with the treatment.'
Section 39. Said title is further amended by striking Code Section 37-7-162, relating to rights of patients to suitable treatment, and inserting in its place a new Code section to read as follows:
'37-7-162. (a) Each patient in a facility and each person receiving services for alcoholism, drug dependency, or drug abuse shall receive care and treatment that is suited to his needs and is the least restrictive appropriate care and treatment. Such care and treatment shall be administered skillfully, safely, and humanely with full respect for the patient's dignity and personal integrity.
(b) Each patient shall have the right to participate in his care and treatment. The board shall issue regulations to ensure that each patient participates in his care and

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treatment to the maximum extent possible. Unless the disclosure to the patient is determined by the chief medical officer or the patient's treating physician to be detrimental to the physical or mental health of the patient and unless a notation to that effect is made a part of the patient's record, the patient shall have the right to reasonable access to review his medical file, to be told his diagnosis, to be consulted on the treatment recommendation, and to be fully informed concerning his medication, including its side effects and available treatment alternatives.
(c) It is the duty of the chief medical officer to ensure that each patient receives such medical attention as is suitable to his condition and that no treatment shall be given which is not recognized as standard psychiatric treatment, except upon the written consent of the patient or, if applicable, his guardian having capacity to give such consent. If such consent is given by someone other than the patient or such guardian, court approval must be obtained after a full and fair hearing.
(d) If a patient hospitalized under this chapter is able to secure the services of a private physician or psychologist, he shall be allowed to see his physician or psychologist at any reasonable time. The chief medical officer is authorized and directed to establish regulations designed to facilitate examination and treatment which a patient may request from such private physician or psychologist.
(e) Every patient admitted to a facility under this chapter shall be examined by the staff of the admitting facility as soon as possible after his admission.'
Section 40. Said title is further amended by striking paragraph (6) of subsection (a) of Code Section 37-7-166, relating to the maintenance, confidentiality, and release of clinical records of alcoholics, drug dependent individuals, and drug abusers, and inserting in its place a new paragraph to read as follows:
'(5) In a bona fide medical emergency, as determined by a physician treating the patient, the chief medical officer may release the patient's record to the treating physician or to the patient's psychologist;'
Section 41. Said title is further amended by striking from said Code Section 37-7-166 subsections (b) and (c) thereof and inserting in their respective places new subsections to read as follows:
'(b) In connection with any hearing held under this chapter, any physician, including any psychiatrist, or any psychologist who is treating or who has treated the patient shall be authorized to give evidence as to any matter concerning the patient, including evidence as to communications otherwise privileged under Code Section 24-9-21, 24-9-40, or 43-39-16.
(c) Any disclosure authorized by this Code section or any unauthorized disclosure of confidential or privileged patient information or communications shall not in any way abridge or destroy the confidential or privileged character thereof, except for the purpose for which such authorized disclosure is made. Any person making a disclosure authorized by this Code section shall not be liable to the patient or any other person, notwithstanding any contrary provision of Code Section 24-9-21, ef 24-9-40, or 43-39-16.'
Section 42. Said title is further amended by striking Code Section 37-7-168, relating to right of patient's attorney to interview physicians, and inserting in its place a new Code section to read as follows:
'37-7-168. The patient's attorney shall have the right, at reasonable times, to interview the physician or psychologist and staff who have attended or are now attending the patient in any facility and to have the patient's records interpreted by them. The chief medical officer is authorized and directed to establish reasonable regulations to make available to the patient's attorney all such information in the possession of the

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facility as the attorney requires in order to advise and represent the patient concerning his hospitalization.'"
By striking Sections 6 and 7 and inserting in lieu thereof the following:
"Section 43. Sections 1 through 5 of this Act and this section shall become effective upon this Act's approval by the Governor or upon its becoming law without such approval. The remaining Sections of this Act shall become effective July 1, 1991.
Section 44. All laws and parts of laws in conflict with this Act are repealed."

Representative Thomas of the 69th moved that the House agree to the Senate amendment to HB 889.
On the motion the ayes were 101, nays 5.
The motion prevailed.

HB 608. By Representative Lane of the 27th:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to change the population requirements of those provisions of said title applicable to municipalities having a certain population.

The following Senate substitute was read:

A BILL
To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to change the population requirements of those provisions of said title applicable to municipalities having a certain population; 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 36 of the Official Code of Georgia Annotated, relating to local government, is amended by striking subsection (c) of Code Section 36-30-3, relating to ordinances of councils not binding succeeding councils and exceptions thereto, in its entirety and substituting in lieu thereof a new subsection (c) to read as follows:
"(c) (1) The governing authorities of municipal corporations having a population of not less than 400,000 350,000 according to the United States decennial census of 1980 or any future such census may, on behalf of such municipal corporations, authorize the mayor to enter into contracts with private or public entities not involving the incurring of indebtedness by such municipal corporations or security for indebtedness of such private and public entities for periods not exceeding 50 years and for a valuable consideration, which contracts shall be binding on such municipal corporations and on such authorities and successors, with respect to the leasing, subleasing, maintenance, or management of property for retail facilities, restaurants, or office or other commercial use, or for residential use, or with respect to property or facilities used for nonprofit museum purposes, which property or facilities are located in its downtown development area, as defined in paragraph (3) of Code Section 36-42-3; and to authorize the mayor to include in any such contracts for use of property which is located in a downtown development area and is in or contiguous to an urban redevelopment area established pursuant to Chapter 61 of this title or to enter into amendments to any such existing or future contracts for use of property which is located in such areas in order to include terms and conditions which provide for renewals or extensions of the term of such contracts for a period of time not to exceed an additional 50 years. The limitation involving the incurring of indebtedness by such municipal corporations

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or security for indebtedness of such private and public entities shall not apply to contracts for the use of property for nonprofit museum purposes, nor shall such limitation apply to contracts for the leasing, subleasing, maintenance, or management of property or facilities which, in addition to being located in a downtown development area, are also located in or contiguous to an urban redevelopment area established pursuant to Chapter 61 of this title, the 'Urban Redevelopment Law.'
(2) The governing authorities of any municipal corporation in this state having a population of 400,000 350.000 or more according to the United States decennial census of 1980 or any future such census may authorize the mayor to execute contracts on behalf of such municipal corporation for periods not exceeding 50 years and for valuable consideration with public or private entities to support certificates of participation in a principal amount of not more than $100 million, which contracts shall be for the development, construction, leasing, subleasing, maintenance, or management of property or facilities used for criminal justice purposes and located within the downtown development area of such municipal corporation as defined in paragraph (3) of Code Section 36-42-3 and shall be binding on such municipal corporation and such authorities and their successors."
Section 2. Said title is further amended by striking Code Section 36-30-12, relating to the closing of streets adjacent to or through institutions of higher learning in municipalities having a certain population, in its entirety and substituting in lieu thereof a new Code Section 36-30-12 to read as follows:
"36-30-12. In all municipal corporations of this state having a population of 400,000 350,000 or more according to the United States decennial census of 1980 or any future such census, the municipal authorities of such municipal corporations are authorized to close any municipal streets adjacent to or through institutions of higher learning during any hours in which the municipal authorities determine that it is in the best interest of the public safety and welfare to do so. For the purposes of this Code section, 'public safety and welfare' shall be defined to include not only considerations of the flow of traffic, but may also include a determination that to close said streets during such hours will enhance police protection on said streets."
Section 3. Said title is further amended by striking paragraph (11) of Code Section 36-41-3, relating to definitions applicable to the "Urban Residential Finance Authorities Act for Large Municipalities," in its entirety and substituting in lieu thereof a new paragraph (11) to read as follows:
"(11) 'Municipality' means any municipal corporation of this state having a population of 46&!ee6 350,000 or more according to the United States decennial census of 1980 or any future such census."
Section 4. Said title is further amended by striking subsection (a) of Code Section 36-60-10, relating to an annual meeting between representatives of certain cities and counties, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) Representatives of the governing authority of any county in this state which contains the smaller portion of the population of a city with a total population of 400,000 350,000 or more according to the United States decennial census of 1970 or any future such census shall meet annually, prior to January 1, with representatives of the governing authority of such city to develop an agreement between the governing authorities on the following matters:
(1) The services to be provided during the following calendar year by the county and by the city to the portion of the city that lies within the county; and
(2) The method of dispatching services during the following calendar year to the portion of the city that lies within the county. Agreement on this matter shall provide a uniform procedure for dispatching services and shall include an agreement as to all street addresses in such portion of the city."
Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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Section 6. All laws and parts of laws in conflict with this Act are repealed.

Representative Lane of the 27th moved that the House agree to the Senate substitute to HB 608.
On the motion the ayes were 104, nays 0.
The motion prevailed.

The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon:

SB 321. By Senator Kidd of the 25th:
A bill to amend an Act creating and establishing a new charter for the City of Eatonton, as amended, so as to change the corporate limits of the city.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 321

The Committee of Conference on SB 321 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of
Conference Substitute to SB 321 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Culver Kidd Senator, 25th District

/s/ George F. Green, M.D. Representative, 106th District

/s/ Gene Walker Senator, 43rd District

/s/ Bobby E. Parham Representative, 105th District

/s/ Tommy C. Olmstead Senator, 26th District

/s/ Larry Parrish Representative, 109th District

A BILL
To amend an Act creating and establishing a new charter for the City of Eatonton, approved August 5, 1908 (Ga. L. 1908, p. 620), as amended, so as to change the corporate limits of the city; to provide certain recommendations with respect to the property to be annexed into the corporate limits of the city; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating and establishing a new charter for the City of Eatonton, approved August 5, 1908 (Ga. L. 1908, p. 620), as amended, is amended by striking in their entirety Sections 2, 2A, 2B, 2C, and 2D and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. The corporate limits of the City of Eatonton shall mean and include the territory described as follows:
'All of that property located in Putnam County, Georgia consisting of twelve thousand five hundred sixty six and thirty six one hundreds (12,566.36) acres more or less and being a circle with a radius of two and one half (2.5) miles and with a center point being located in the center of the court house square in the city of Eatonton,

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Georgia. The center point of the court house square is to be found by drawing a line from each corner of said square to the opposite corner of said square.'"
Section 2. (a) The General Assembly recommends that the City of Eatonton amend its zoning ordinance so as to create at least one agricultural zone in which any bona fide agricultural use is permitted. The city should also amend its zoning ordinance to provide that all of the property brought into the City of Eatonton as a result of the passage of SB 321 at the 1991 session of the Georgia General Assembly shall be zoned so as to permit a continuing of the current use of each parcel of property.
(b) The General Assembly further recommends that all of the property that is annexed into the City of Eatonton as a result of the passage of SB 321 at the 1991 session of the Georgia General Assembly shall be, and shall constitute, a special taxing district within the City of Eatonton, Georgia. No ad valorem taxes shall be assessed upon any property within this special taxing district except for those taxes assessed to provide services to that property so taxed.
(c) The General Assembly further recommends that any ad valorem taxes assessed within any part of the city shall be assessed in compliance with all appropriate state and federal laws or court decisions applicable to the assessment of taxes. This shall apply to all property, both real and personal, including cattle, other livestock, or any other classification of property.
(d) The General Assembly further recommends that the governing authority of the City of Eatonton should not assess any taxes against any livestock within the city so long as this is permitted by general law.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Green of the 106th moved that the House adopt the report of the Committee of Conference on SB 321.
On the motion, the ayes were 110, nays 0.
The motion prevailed.

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:

SB 186. By Senators Steinberg of the 42nd, Scott of the 36th and Henson of the 55th:
A bill to amend Code Section 31-8-115 of the Official Code of Georgia Annotated, relating to use of payments made on behalf of residents of long-term care facilities, so as to provide for irrevocable letters of credit instead of bonds for certain purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

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HB 469. By Representatives Thomas of the 69th, Chambless of the 133rd, Lee of the 72nd and Groover of the 99th:
A bill to amend Code Section 17-7-131 of the Official Code of Georgia Annotated, relating to proceedings upon a plea of insanity or mental incompetency at the time of a crime, so as to provide that the Department of Human Resources shall have the independent right once every 12 months to request a release hearing for a defendant; to provide for criteria for the court to maintain custody and control of the defendant.

The following Senate substitute was read:

A BILL
To amend Code Section 17-7-131 of the Official Code of Georgia Annotated, relating to proceedings upon a plea of insanity or mental incompetency at the time of a crime, so as to provide that the Department of Human Resources shall have the independent right once every 12 months to request a release hearing for a defendant; to provide for criteria for the court to maintain custody and control of the defendant; to provide the court with the authority to authorize a period of conditional release; to provide for discharge upon the successful completion of such conditional release; to provide for revocation of such conditional release; to provide the defendant with the right of review by the court; to provide that the Department of Human Resources shall not be criminally or civilly liable for certain acts; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 17-7-131 of the Official Code of Georgia Annotated, relating to proceedings upon a plea of insanity or mental incompetency at the time of a crime, is amended by striking subparagraph (b)(3)(A) of said Code section and inserting in lieu thereof a new subparagraph (A) to read as follows:
"(A) I charge you that should you find the defendant not guilty by reason of insanity at the time of the crime, this eewt wiH maintain custody and control ef the defendant until trie court is 9ctcisti u wiflt tfto dcicnctftHt 19 fiot & ctdn^cr to nitnsdi or to otriePS the defendant will be committed to a state mental health facility until such time, if ever, that the court is satisfied that he (or she) should be released pursuant to law."
Section 2. Said Code section is further amended by striking subsection (e) of said Code section and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) (1) After the expiration of the 30 days' evaluation period in the state mental health facility, if the evaluation report from the Department of Human Resources indicates that the defendant does not meet the inpatient commitment criteria of Chapter 3 of Title 37 or Chapter 4 of Title 37, the trial judge may issue an order discharging the defendant from custody without a hearing.
(2) If the defendant is not so discharged, the trial judge shall order a hearing to determine whether if the defendant aheukl be committed te the Department efHuman Rcaourcca meets the inpatient commitment criteria of Chapter 3 of Title 37 or Chapter 4 of Title 37. If such criteria are not met, the defendant must be discharged.
(3) The defendant shall be detained in custody until completion of the hearing. The hearing shall be conducted at the earliest opportunity after the expiration of the 30 days' evaluation period but in any event within 30 days after receipt by the prosecuting attorney of the evaluation report from the mental health facility. The court may take judicial notice of evidence introduced during the trial of the defendant and may call for testimony from any person with knowledge concerning whether the defendant is currently a mentally ill person in need of involuntary treatment or currently mentally retarded and in need of being ordered to receive services, as those terms are defined by paragraph (12) of Code Section 37-3-1 and Code Section 37-4-40.

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2393

The prosecuting attorney may cross-examine the witnesses called by the court and the defendant's witnesses and present relevant evidence concerning the issues presented at the hearing.
{4} If the judge determines that the defendant meets the inpatient commitment criteria of Chapter 3 of Title 37 or Chapter 4 of Title 37, the judge shall order the defendant to be committed to the Department of Human Resources to receive involuntary treatment under Chapter 3 of Title 37 or to receive services under Chapter 4 of Title 37. The defendant is entitled to the following rights specified below and shall be notified in writing of these rights at the time of his admission for evaluation under subsection (d) of this Code section. Such rights are:
41) (A) A notice that a hearing will be held and the time and place thereof; 42) (B) A notice that the defendant has the right to counsel and that the defendant or his representatives may apply immediately to the court to have counsel appointed if the defendant cannot afford counsel and that the court will appoint counsel for the defendant unless he indicates in writing that he does not desire to be represented by counsel; 43) (C) The right to confront and cross-examine witnesses and to offer evidence; 44) (D) The right to subpoena witnesses and to require testimony before the court in person or by deposition from any person upon whose evaluation the decision of the court may rest; 46) (E) Notice of the right to have established an individualized service plan specifically tailored to the person's treatment needs, as such plans are defined in Chapter 3 of Title 37 and Chapter 4 of Title 37; and 46) (F) A notice that the defendant has the right to be examined by a physician or a licensed clinical psychologist of his own choice at his own expense and to have that physician or psychologist submit a suggested service plan for the patient which conforms with the requirements of Chapter 3 of Title 37 or Chapter 4 of Title 37, whichever is applicable. (5) (A) If a defendant appears to meet the criteria for outpatient involuntary treatment as defined in Part 3 of Article 3 of Chapter 3 of Title 37, which shall be the criteria for release on a trial basis in the community in preparation for a full release, the court may order a period of conditional release subject to certain conditions set by the court. The court is authorized to appoint an appropriate community service provider to work in conjunction with the Department of Human Resources to monitor the defendant's compliance with these conditions and to make regular reports to the court. (B) If the defendant successfully completes all requirements during this period of conditional release, the court shall discharge the individual at the end of that period. Such individuals may be referred for community mental health, mental retardation, or substance abuse services as appropriate. (C) If the defendant does not successfully complete any or all requirements of the conditional release period, the court may:
(i) Revoke the period of conditional release and return the defendant to a state hospital for inpatient services; or
(ii) Impose additional or revise existing conditions on the defendant as appropriate and continue the period of conditional release. (D) For any decision rendered under subparagraph (C) of this paragraph, the defendant may request a review by the court of such decision within 20 days of the order of the court.
(E) The Department of Human Resources and any community services providers providing supervision or treatment during a period of conditional release shall not be held criminally or civilly liable for any acts committed by a defendant placed by the committing court on a period of conditional release."
Section 3. Said Code section is further amended by striking paragraph (3) of subsection (f) of said Code section and inserting in lieu thereof a new paragraph (3) to read as follows:

2394

JOURNAL OF THE HOUSE,

"(3) If the finding of the court is adverse to release in such hearing held pursuant to this subsection on the grounds that such defendant does meet the inpatient civil commitment criteria, a further release application by the defendant shall not be heard by the court until 12 months have elapsed from the date of the hearing upon the last preceding application. The Department of Human Resources shall have the independent right to request a release hearing once every 12 months."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Kilgore of the 42nd moved that the House agree to the Senate substitute to HB 469.
On the motion the ayes were 105, nays 2.
The motion prevailed.

The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House amendment thereto:

SB 357. By Senators Foster of the 50th, Deal of the 49th and Johnson of the 47th:
A bill to amend Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Industry, Trade, and Tourism, so as to provide for state funding of local welcome centers; to provide for criteria for funding; to provide for restrictions on the use of such funding; to provide for audits and inspections; to provide for withholding of funds; to provide for discontinuation of funding.

Representative Kilgore of the 42nd moved that the House insist on its position in amending SB 357.
The motion prevailed.

The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

SB 311. By Senator English of the 21st:
A bill to amend Code Section 1-3-3 of the Official Code of Georgia Annotated, relating to definitions in the laws and statutes, so as to add definitions for agriculture, agricultural operations, agricultural or farm products, crops, and growing crops.

Representative Reaves of the 147th moved that the House adhere to its position in amending SB 311 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Reaves of the 147th, Oliver of the 121st and Royal of the 144th.

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:

WEDNESDAY, MARCH 13, 1991

2395

SB 213. By Senators Steinberg of the 42nd, Johnson of the 47th and Deal of the 49th:
A bill to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of hospitals and related institutions, so as to provide that the Department of Human Resources shall provide lists of nursing homes determined to have certain deficiencies and include sanctions and remedies therefor and to require such nursing homes to provide notices of such deficiencies and other matters to certain persons and entities; to provide for fines.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of hospitals and related institutions, so as to provide that the Department of Human Resources shall provide lists of nursing homes determined to have certain deficiencies and include sanctions and remedies therefor and to require such nursing homes to provide notices of such deficiencies and other matters to certain persons and entities; to provide for administrative sanctions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of hospitals and related institutions, is amended by striking in its entirety Code Section 31-7-2.1, relating to adoption of rules and regulations, and inserting in its place a new Code section to read as follows:
"31-7-2.1. (a) The department shall adopt and promulgate such reasonable rules and regulations which in its judgment are necessary to protect the health and lives of patients and shall prescribe and set out the kind and quality of building, equipment, facilities, and institutional services which institutions shall have and use in order to properly care for their patients.
(b) The department shall compile and distribute, upon request, to interested persons a monthly list of those nursing homes and intermediate care homes surveyed, inspected, or investigated during the month, indicating each facility for which deficiencies have been cited by the department, and indicating where reports of the cited deficiencies and information regarding any sanctions imposed can be obtained. The department shall also make available the survey reports upon written request."
Section 2. Said chapter is further amended by adding after Code Section 31-7-3.1 a new Code section to read as follows:
"31-7-3.2. (a) A nursing home or intermediate care home licensed under this article shall give notice in the event that such facility has been cited by the department for any deficiency for which the facility has received notice of the imposition of any sanction available under federal or state laws or regulations, except where a plan of correction is the only sanction to be imposed.
(b) A notice required under subsection (a) of this Code section shall be of a size and format prescribed by the department and shall contain the following:
(1) A list of each cited deficiency which has resulted in the notice being required; (2) A description of any actions taken by or of any notices of intent to take action issued by federal or state entities as a result of such cited deficiencies; (3) The telephone numbers of the state and community long-term care ombudsman programs; and (4) A statement that a copy of the notice may be obtained upon written request accompanied by a self-addressed stamped envelope. (c) A notice required by subsection (a) of this Code section shall be posted at the facility giving the notice:

2396

JOURNAL OF THE HOUSE,

(1) In an area readily accessible and continuously visible to the facility's residents and their representatives;
(2) Within 14 days after the facility receives notification of imposition of a sanction for a cited deficiency which requires the notice; and
(3) Until the department has determined such cited deficiencies no longer exist, at which time the notice may be removed. (d) In addition to the posted notice required by subsection (c) of this Code section, a notice, containing the information set forth in subsection (b) of this Code section, shall also be provided by the facility upon written request. The facility shall be responsible for mailing a copy of such notice when the written request is accompanied by a postage paid self-addressed envelope. (e) Each applicant to a facility shall receive upon written request with his application a copy of the most recent notice which has been distributed pursuant to this subsection. The facility may inform the applicant of any corrective actions taken in response to the cited deficiencies contained in such notice. (f) In the event that the facility previously has been required to have posted or provided notice of the same cited deficiency arising from the same act, occurrence, or omission, this Code section should not be construed to require the facility to post or provide duplicate notice of such cited deficiency so long as the notice is made in a manner consistent with subsections (b) and (c) of this Code section. (g) In the case of a violation of this Code section, the department may impose administrative sanctions as otherwise provided by law in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (h) The department may promulgate rules and regulations to implement the provisions of this Code section."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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, by substitute, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett,M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Y Brown
Brush YBuck
Buckner YByrd
Y Campbell Y Canty Y Carrell Y Carter Y Chafin
Y Chambless

Y Cheeks
Y Childera Y Clark,E Y Clark,H
Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B
Cummings.M Y Davis.G Y Davis,M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn
Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Flynt YGodbee
Golden Y Goodwin Y Green Y Greene Y Griffin

Y Groover
Y Hamilton Y Hammond Y Banner Y Harris.B Y Hams,J
Heard Y Henson Y Herbert
High tower
Y Holland Holmes
Y Howard Y Hudson Y Irwin Y Jackson
Y Jamieson Jenkins
Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane,D
Lane.R Y Langford Y Lawrence Y Lawson
YLee Long
YLord

Y Lucas Y Lupton YMann Y Martin
YMcCoy Y McKelvey
McKinney.B McKinney.C Y Meadows Y Merritt Y Milam
Mills Y Mobley
Y Moody Y Morsberger Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M YOrr
Y Orrock Y Padgett Y Parham Y Parrish Y Patten E Pelote Y Perry Y Pettit Y Pinholster Y Pinkston
YPoag Y Porter

Y Poston Y Powell,A Y Powell.C Y Purcell Y Randall YRay
Reaves Y Redding Y Ricketson Y Royal YSelman Y Sherrill Y Simpson Y Sinkfield
Skipper Y Smith,L Y Smith.P
Smith,T Y Smith,W
Y Smyre YSnow
Y Stancil.F Y Stancil,S Y Stanley Y Stephens Y Streat Y Taylor YTeper Y Thomas.C Y Thomas,M Y Thomas.N Y Thurmond

WEDNESDAY, MARCH 13, 1991

2397

Y Titus Y Tolbert YTownsend YTumquest

YTwiggs Y Valenti Y Vaughan Y Walker,J

Y Walker,L Y Wall Y Ware Y Watson

Y Watts Y White Y Wilder
Williams,B

Y Williams,J Y Williams,R Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 158, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Williams of the 48th stated that she had been called from the floor
of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

Representative Walker of the 115th arose to a point of personal privilege and addressed the House.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 1020.

By Representatives Padgett of the 86th, Cheeks of the 89th, Brown of the 88th, Howard of the 85th, Williams of the 90th and others:
A bill to amend an Act establishing the compensation of certain officials in Richmond County, so as to authorize the governing authority of Richmond County to increase the compensation of said officials.

The following Senate substitute was read:

A BILL
To amend an Act establishing the compensation of certain officials in Richmond County, approved April 12, 1982 (Ga. L. 1982, p. 3941), as amended, so as to authorize the governing authority of Richmond County to increase the compensation of some of said officials; 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. An Act establishing the compensation of certain officials in Richmond County, approved April 12, 1982 (Ga. L. 1982, p. 3941), as amended, is amended by striking subsection (b) of Section 1 in its entirety and substituting in lieu thereof new subsections (b) and (c) to read as follows:
"(b) (1) As used in this subsection, the term 'county officer' means the officers specified in paragraphs (1), (2), (3), (6), and (13) of subsection (a) of this section.
(2) The salary for each county officer provided for in subsection (a) of this section or the minimum salary provided for in any general law applicable to any such county officer shall be the minimum salary applicable to each such county officer, and the governing authority of Richmond County may increase such minimum salary from time to time in such amount for each such county officer as the governing authority shall determine. (c) The compensation provided for in subsections (a) and (b) of this section shall be paid in equal monthly installments."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

2398

JOURNAL OF THE HOUSE,

Representative Padgett of the 86th moved that the House agree to the Senate substitute HB 1020.

On the motion, the ayes were 110, nays 0. The motion prevailed.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate has passed, by substitute, by the requisite constitutional majority the following Bills of the House:

HB 537. By Representatives Jenkins of the 80th, Moultrie of the 93rd, Walker of the 113th, Martin of the 26th and Ray of the 98th:
A bill to amend Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to costs in the probate courts, so as to change the court costs for certain services.

HB 280. By Representatives Pettit of the 19th and Watson of the 114th:
A bill to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities, so as to add a new Chapter 3A requiring integrated resource planning by electric utilities.

The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House:

HB 774. By Representative Dunn of the 73rd:
A bill to amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions with regard to professions and businesses, so as to specify that the advertisement by a person licensed to provide health care services of the waiver of a deductible or copayment, as an inducement to attract patients, shall be considered a deceptive and misleading practice.

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

HB 455. By Representative Twiggs of the 4th:
A bill to amend Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to securing the attendance of witnesses and the preservation and production of evidence, so as to change the per diem and mileage fees for witnesses; to change certain requirements regarding tender of fees.

The Speaker announced the House in recess until 1:30 o'clock this afternoon.

WEDNESDAY, MARCH 13, 1991

2399

AFTERNOON SESSION

The Speaker called the House to order.
Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:
SB 96. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Code Section 50-23-3 of the Official Code of Georgia Annotated, relating to creation of the Georgia Environmental Facilities Authority, so as to change the qualifications of certain members of the authority; to provide for related matters; to provide an effective date.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford
Atkins Y Baker
Balkcom Y Barfoot
Bargeron Y Barnett,B
Barnett.M Y Bates Y Beatty
Benefield
Birdsong Blitch Y Bordeaux Bostick Y Branch Breedlove Brooks Y Brown Y Brush YBuck Y Buckner Byrd Campbell Canty Carrell Carter YChafin Chambless Y Cheeks Y Childers Y Clark.E Y Clark.H

Y Clark.L Y Coker
Coleman Colwell Y Connell Y Culbreth Y Cummings,B Cummings,M Davis.G Y Davis,M Diion,H Y Dixon,S
Y Dobbs Y Dover
YDunn Edwards
Y Elliott Felton
Y Fennel Floyd.J.M Floyd,J.W
YFlynt Godbee Golden Good win Green Greene
Y Griffin Groover
Y Hamilton Y Hammond
Hanner Harris.B Harris,J Heard Y Henson

Y Herbert Y Hightower Y Holland Y Holmes Y Howard
Hudson Ylrwin
Jackson Jamieson
Jenkins Y Jones
Kilgore King
Y Kingston Y Klein YLadd Y Lane,D
Lane.R Y Langford
Lawrence Lawson Lee Long Lord Lucas Lupton Y Mann Y Martin
Y McCoy Y McKelvey Y McKinney,B Y McKinney.C
Y Meadows Y Merritt
Milam Y Mills

Y Mobley Moody
Y Morsberger Y Moultrie
N Mueller Oliver.C Oliver.M
YOrr Orrock
Padgett YParham
Y Parrish Patten
E Pelote Perry
Y Pettit Y Pinholster
Pinkston Poag Y Porter Poston PowellA Y Powell,C Purcell Randall YRay Reaves
Redding Y Ricketson Y Royal
Y Selman Y Sherrill Y Simpson
Sinkfield
Y Skipper Smith,L

Y Smith.P Smith,T
Y Smith,W YSmyre YSnow
Y Stancil,F Y Stancil,S Y Stanley Y Stephens Y Streat Y Taylor YTeper Y Thomas.C Y Thomas.M
Thomas,N Y Thurmond Y Titus Y Tolbert
Townsend Turnquest Twiggs Y Valenti Y Vaughan Y Walker,J Walker.L Y Wall Ware Y Watson
Watts White Wilder Williams.B Williams,J Y Williams,R Yeargin Murphy.Spkr

On the passage of the Bill, the ayes were 97, nays 1. The Bill, having received the requisite constitutional majority, was

Representatives Goodwin of the 63rd, Padgett of the 86th, Perry of the 5th, Powell of the 13th and Williams of the 48th stated that they had been called from the floor of
the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

2400

JOURNAL OF THE HOUSE,

The following Resolutions of the House were read and adopted:

HR 544. By Representative Martin of the 26th: A resolution commending Stephanie Davis.

HR 545. By Representatives Brown of the 88th, Brooks of the 34th and Howard of the 85th:
A resolution recognizing the Antioch Baptist Church on the occasion of its 113th anniversary.

HR 546. By Representatives Sinkfield of the 37th, Thomas of the 55th, Thurmond of the 67th, McKinney of the 35th, McKinney of the 40th and others:
A resolution commending and congratulating Ms. Melissa Evette Tarver.

HR 547. By Representatives Cummings of the 17th, Murphy of the 18th, Pinholster of the 8th and Davis of the 45th:
A resolution commending Oglethorpe University.

HR 548. By Representative Byrd of the 153rd:
A resolution expressing support for the men and women of Wayne County serving in Operation Desert Storm.

HR 549. By Representative Byrd of the 153rd:
A resolution expressing support for the men and women of Jeff Davis County serving in Operation Desert Storm.

HR 550. By Representative Byrd of the 153rd:
A resolution expressing support for the men and women of Appling County serving in Operation Desert Storm.

HR 551. By Representatives Byrd of the 153rd, Barfoot of the 120th and Moody of the 153rd:
A resolution expressing support for the men and women of Toombs County serving in Operation Desert Storm.

HR 552. By Representatives Byrd of the 153rd, Smith of the 152nd and Moody of the 153rd:
A resolution expressing support for the men and women of Brantley County serving in Operation Desert Storm.

HR 553. By Representatives White of the 132nd, Cummings of the 134th and Chambless of the 133rd:
A resolution honoring the Reverend E. James Grant.

HR 554. By Representatives Redding of the 50th, Thomas of the 55th, Turnquest of the 56th, Baker of the 51st, Williams of the 54th and others:
A resolution honoring the Reverend Hubert Floyd Shepherd.

WEDNESDAY, MARCH 13, 1991

2401

HR 555. By Representatives Chambless of the 133rd, White of the 132nd, Cummings of the 134th and Balkcom of the 140th:
A resolution commending the Westover High school basketball team on winning their second Class AAA state championship.

HR 556. By Representatives Hamilton of the 124th, Kingston of the 125th, Merritt of the 123rd, Bordeaux of the 122nd and Mueller of the 126th:
A resolution honoring Captain Harry Michael Roberts.

HR 557. By Representatives Canty of the 38th, Baker of the 51st, Brooks of the 34th, Williams of the 54th, McKinney of the 35th and others:
A resolution commending Mr. Levi Herbert Perry.

HR 558. By Representative Pelote of the 127th:
A resolution commending and recognizing Mrs. Ethel Williams Simmons on the occasion of her retirement.

HR 559. By Representatives Byrd of the 153rd, Murphy of the 18th, Lee of the 72nd, Groover of the 99th and Walker of the 115th:
A resolution commending the students and coordinator of the House Intern Program for the 1991 session of the General Assembly of Georgia.

HR 560. By Representative Mobley of the 64th: A resolution commending Mary A. Gray.

HR 561. By Representatives Clark of the 13th, Powell of the 13th, Long of the 142nd, Yeargin of the 14th, Titus of the 143rd and others:
A resolution commending Mrs. Ann Clements Clark.

HR 562. By Representative Mobley of the 64th: A resolution commending Grace Moon Lay.

HR 563. By Representatives Chambless of the 133rd, White of the 132nd, Cummings of the 134th and Balkcom of the 140th:
A resolution urging the Georgia High School Association to continue to hold the Class AAAA and Class AAA state basketball tournaments at the Albany Civic Center.

HR 564. By Representatives Birdsong of the 104th, Green of the 106th, Groover of the 99th, Pinkston of the 100th, Parham of the 105th and others:
A resolution honoring Mrs. Ora V. Roberts.

HR 565. By Representative Brush of the 83rd:
A resolution commending Thomas Arthur Crow as the Columbia County Teacher of the Year.

2402

JOURNAL OF THE HOUSE,

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:
SB 197. By Senator Shumake of the 39th: A bill 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 provide definitions; 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.
Representative Dobbs of the 74th moved that SB 197 be postponed indefinately.
Representative Watson of the 114th moved that SB 197 be postponed to a certain date.
Representative Jackson of the 9th moved that SB 197 be postponed.
Representative Clark of the 20th (Post 3) moved that SB 197 be placed upon the table.
On the motion to table, the roll call was ordered and the vote was as follows:

Y Abernathy N Adams Y Aiken
Alford Atkins Y Baker Y Balkcom YBarfoot Y Bargeron Barnett.B Y Barnett.M N Bates Y Beatty Benefield Birdsong Blitch Y Bordeaux Bostick Y Branch Breedlove
Y Brooks Brown
Y Brush YBuck
N Buckner YByrd Y Campbell
Canty Carrell Carter NChafin
Chambless Y Cheeks Y Childers Y Clark,E Y Clark,H

Y Clark,L Y Coker
Coleman Colwell
Y Connell Y Culbreth Y Cummings,B
Cummings,M
Davis.G Y Davis.M
Dixon.H Y Dixon.S Y Dobbs
Dover Dunn Edwards Y Elliott Felton Y Fennel N Floyd,J.M Y Floyd,J.W YFlynt
YGodbee Y Golden
Goodwin
N Green Greene
Y Griffin Groover
Y Hamilton
Y Hammond Hanner
Y Harris,B
Y Harris,J Heard
Y Henson

Y Herbert Y Hightower Y Holland Y Holmes Y Howard
Hudson Ylrwin N Jackson
Jamieson Jenkins N Jones Kilgore
King Y Kingston Y Klein YLadd Y Lane,D
Lane.R Y Langford N Lawrence
Lawson NLee
Long Lord Y Lucas Lupton YMann Y Martin N McCoy N McKelvey McKinney.B McKinney.C Y Meadows Y Merritt Milam Y Mills

On the motion, the ayes were 95, nays 22. The motion prevailed.

Y Mobley Y Moody Y Morsberger
Y Moultrie Y Mueller
Oliver.C Oliver ,M NOrr
Orrock Padgett Y Parham Y Parrish Patten E Pelote Y Perry
Y Pettit Y Pinholster
Pinkston YPoag Y Porter
Y Poston Y Powell,A Y Powell,C Y Purcell
Randall YRay Y Reaves
Redding Y Ricketson N Royal Y Selman Y Sherrill N Simpson
Sinkfield N Skipper N Smith,L

N Smith,P Smith.T
N Smith.W
Y Smyre YSnow Y Stancil,F N Stancil,S Y Stanley Y Stephens Y Streat Y Taylor Y Teper
Y Thomas.C Y Thomas.M
Thomas.N Y Thurmond N Titus N Tolbert
Townsend Turnquest Twiggs Y Valenti Y Vaughan Y Walker,J Walker,L Y Wall Ware Y Watson
Watts White Wilder Wiiliams.B Williams,J Y Williams.R Y Yeargin
Murphy.Spkr

Representatives Goodwin of the 63rd and Padgett of the 86th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

WEDNESDAY, MARCH 13, 1991

2403

The following Bills of the House were taken up for the purpose of considering the Senate amendment or substitute thereto:

HB 1011. By Representatives Dunn of the 73rd and Smith of the 78th: A bill to provide a new charter for the City of Stockbridge.

The following Senate amendment was read:

Amend HB 1011 by striking lines 19 and 20 of page 12 and inserting in lieu thereof the following:
"(b) Except for the mayor and the two councilmembers who were elected in 1990 to serve for terms of three years, the mayor and councilmembers shall serve for terms of four years and until their respective successors are".
By striking from line 10 of page 13 the following:
"primaries and".
By striking lines 24 through 29 of page 13 and inserting in lieu thereof the following:
"(e) On the Tuesday next following the first Monday in November, 1991, and on that day quadrennially thereafter, there shall be elected three councilmembers. Then, on the Tuesday next following the first Monday in November, 1993, and on that day quadrennially thereafter, there shall be elected a mayor and two councilmembers. It is the purpose of this".
By striking lines 19 through 23 of page 14 and inserting in lieu thereof the following:
"a successor shall be elected to fill the unexpired term, if any, of such official."
By striking line 28 of page 19 and inserting in lieu thereof the following:
"either four councilmembers or the mayor and three councilmembers".
By striking lines 17 through 22 of page 21 and inserting in lieu thereof the following:
"the rules which it shall establish. An ordinance may be adopted with or without amendment or may be rejected at the meeting at which the ordinance is introduced."
By striking from line 25 of page 25 the following:
"receipt",
and inserting in lieu thereof the following:
"the adoption".
By striking from line 16 of page 38 and line 1 of page 4 the following:
"February 1",
and inserting in each respective place the following:
"December 31".

Representative Dunn of the 73rd moved that the House agree to the Senate amendment to HB 1011.
On the motion the ayes were 110, nays 0.
The motion prevailed.

2404

JOURNAL OF THE HOUSE,

HB 361. By Representative Barnett of the 10th: A bill to create the Cumming-Forsyth County Unification Commission.

The following Senate substitute was read:

A BILL
To create the Cumming-Forsyth County Unification Commission; to provide for a short title; to provide for definitions; to provide for the appointment of the members of said commission; to provide for the organizational meetings of said commission and for the election of a permanent chairman; to provide for the powers and duties of said commission; to provide that said commission shall be authorized to employ a staff to assist it in carrying out its powers and duties; to provide for the expenses of the said commission and for the payment of same by the governing authorities of the City of Gumming and Forsyth County; to provide that said commission shall be authorized to study all matters relating to the governments of the City of Gumming and Forsyth County and all matters relating to the establishment of a single unified county-wide government with powers and jurisdiction throughout the territorial limits of Forsyth County; to provide for the submission of the commission's findings and recommendations to the Forsyth County State Legislative Delegation; to provide for all procedures and matters connected with the foregoing; 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 "Cumming-Forsyth County Unification Commission Act" and is enacted pursuant to the authority granted by Article IX, Section III, Paragraph II(b) of the Constitution of Georgia.
Section 2. As used in this Act, the term: (1) "Gumming" or "City of Gumming" or "governing authority of the City of
Cumming" means the mayor and councilmembers of the City of Gumming. (2) "Forsyth County State Legislative Delegation" means the elected official repre-
senting House District 10 and the elected officials representing Senate Districts 49 and 56 in the General Assembly of Georgia.
(3) "Governing authority of Forsyth County" shall mean the Board of County Commissioners of Forsyth County.
(4) "Unification commission" or "commission" means the Cumming-Forsyth County Unification Commission provided for in this Act.
Section 3. (a) There is created the Cumming-Forsyth County Unification Commission, which shall consist of 13 members who shall be appointed as follows:
(1) Five members to be appointed by the County Commission of Forsyth County, all of whom shall be residents of unincorporated Forsyth County. No more than three members appointed by the county commission may be elected public officials;
(2) Five members to be appointed by the City Council of Cumming, all of whom shall be residents of the City of Cumming. No more than three members appointed by the city council may be elected officials; and
(3) Five members to be appointed by the grand jury of Forsyth County, all of whom shall be appointed without regard to their residency, provided that such members shall meet the eligibility requirements set forth in subsection (b) of this section. (b) To be eligible for appointment as a member of the unification commission, a person must be at least 21 years of age and shall have been a resident of the State of Georgia for a period of at least three years and registered as an elector to vote in Forsyth County for a period of at least two years prior to his appointment. (c) If a vacancy should occur on said commission for any reason, the grand jury of Forsyth County shall promptly fill the same. Seven members of the commission shall constitute a quorum for the transaction of business.

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Section 4. (a) The unification commission shall hold an organizational meeting within 15 days after the appointment of all members, as provided in Section 3 of this Act. The first order of business at said organizational meeting shall be the election of a permanent chairman who shall be elected by majority vote of all members of said commission.
(b) After organization and election of a permanent chairman, the unification commission shall be authorized to elect a secretary who need not be a member of the commission and such other officers from the commission as it shall deem necessary. The unification commission shall be further authorized to employ such staff and to contract with any public or private institution or body for any special studies or assistance as it shall deem necessary to assist it in studying all matters relating to the governments of the City of Cumming and Forsyth County. The unification commission shall not employ any person to assist it in making its studies who holds any public office if the holder of such public office is elected by the people.
(c) The members of the unification commission shall not receive per diem or other compensation for their services except reimbursement for actual expenses incurred by them in carrying out their duties as members of the unification commission. The staff employed by the unification commission shall be paid compensation as determined by the commission within the limits of funds available to it under the provisions of this Act. The governing authority of the City of Cumming and the governing authority of Forsyth County are authorized to expend public funds in carrying out the provisions of this Act and shall share proportionately the expense thereof, 90 percent by the county and 10 percent by the city. The treasurer or other fiscal authority of each of said governing authorities shall honor vouchers or warrants signed by the chairman of the unification commission. Said governing authorities shall appropriate such funds up to a combined maximum appropriation of $20,000.00 as may be necessary to meet the expenses of the unification commission. All public officials and employees upon request shall furnish the unification commission with all documents, books, records, data, information, and assistance necessary or appropriate in the opinion of the unification commission for it to carry out its duties.
Section 5. The General Assembly delegates its power to the unification commission, and the unification commission is authorized to study all matters relating to the governments of the City of Cumming and Forsyth County and all matters relating to the establishment of a single unified county-wide government with powers and jurisdiction throughout the territorial limits of Forsyth County.
Section 6. During the course of its studies, the unification commission shall be required to hold at least three public hearings to determine the sentiment of the citizens of the City of Cumming and Forsyth County regarding the work of the unification commission. The unification commission shall cause the date, time, and place of such hearings to be advertised in the official organ of Forsyth County at least twice during the week immediately preceding the week during which said public hearings are held. The unification commission shall be authorized to hold more than three public hearings if it determines that additional public hearings are desirable, but all public hearings shall be advertised as provided in this section.
Section 7. After conducting its study of the governments of the City of Cumming and Forsyth County, the unification commission shall prepare and submit on or before January 31, 1992, a written report of its findings, conclusions, and recommendations, specifically including whether it is in the best interests of the citizens and governments of the City of Cumming and Forsyth County that there be enacted by the General Assembly local legislation to create a single unified county-wide government to succeed and replace the existing governments of the City of Cumming and Forsyth County. The City of Cumming, the County of Forsyth, or both, are authorized but not required to hold a referendum pursuant to Article IX, Section III, Paragraph II(b) of the Constitution of the State of Georgia.
Section 8. All laws and parts of laws in conflict with this Act are repealed.

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Representative Barnett of the 10th moved that the House disagree to the Senate substitute to HB 361.
The motion prevailed.

The following Resolution of the House was read and adopted:

HR 566. By Representatives Aiken of the 21st, Coker of the 21st, Klein of the 21st, Clark of the 20th (Post 4), Clark of the 20th (Post 3) and others:
A resolution commending M. Sgt. Neil Rowlett.

Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:

SB 95. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing in general, so as to delete provisions relating to the Georgia Residential Finance Authority and thereby abolish the Georgia Residential Finance Authority; to provide for designation of the Georgia Capital Finance Authority as the State Office of Housing.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing in general, so as to delete provisions relating to the Georgia Residential Finance Authority and thereby abolish the Georgia Residential Finance Authority; to provide for designation of the Georgia Housing and Finance Authority as the State Office of Housing; to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to create the Georgia Housing and Finance Authority; to provide for the Georgia Housing and Finance Authority to be a successor entity to the Georgia Residential Finance Authority; to provide for the general purposes of the Georgia Housing and Finance Authority with respect to financing and financial assistance for housing and enterprises; to provide for the membership, powers, duties, operations, obligations, rights, and liabilities of said authority; to provide for related matters; to make conforming amendments in various provisions of the Official Code of Georgia Annotated; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1-1. Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing in general, is amended by striking in its entirety Article 3, relating to residential and family farm mortgages and housing and the Georgia Residential Finance Authority, and inserting in its place a new Article 3 to read as follows:
"ARTICLE 3
8-3-170. The General Assembly finds and declares that housing is an issue of paramount concern to this state which affects the health, welfare, and safety of the citizens of this state and the economic viability and planned growth of its communities. The General Assembly further finds and declares that the provision of and planning for housing and housing related matters are issues that are intrinsically intertwined with the

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ability to provide for the financing of housing activities. For this reason, the General Assembly designates the Georgia Housing and Finance Authority as the State Office of Housing and assigns it the following powers and duties:
(1) To be responsible for the planning, development, and implementation of a coordinated state housing program;
(2) To provide technical and financial assistance on housing and housing related matters throughout the state;
(3) To perform such housing related duties as may be assigned it by the Governor or the General Assembly;
(4) To apply for and receive and to administer federal funds under any federal housing program for which the state is an eligible applicant and, in the administration of such funds, to enter into such contracts as it deems necessary and to expend such state funds as the General Assembly may appropriate for such purposes;
(5) To coordinate activities and work in conjunction with the Farmers Home Administration, which activities may include, but not be limited to, processing loan applicants and loans, community outreach activities, and financial assistance in the form of interest or down payment subsidies or write-downs; and
(6) To coordinate housing related activities and work in conjunction with private, federal, or quasi-governmental entities, which entities shall include, but not be limited to, the Federal Housing Administration, the United States Department of Veterans Affairs, the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, and the Government National Mortgage Association. 8-3-171. The General Assembly affirms the state's policy to provide decent, safe, and affordable housing to all segments of the population of this state. The State Office of Housing is authorized and directed to develop a state housing goal and shall prepare a state housing goal report for presentation to the General Assembly, commencing with the 1990 session and continuing every even-numbered year thereafter. The report shall identify housing needs and housing accomplishments and outline plans for achieving the state housing goal. The state and its agencies, institutions, authorities, commissions, bureaus, and entities which are political subdivisions of the state, cities and counties, local housing authorities, and any urban residential finance authority are authorized and directed to provide such information and perform such duties and functions as may be required to assist the State Office of Housing to prepare its reports and perform its functions."
Section 1-2. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by adding at the end thereof a new Chapter 26 to read as follows:
"CHAPTER 26
50-26-1. This chapter shall be known and may be cited as the 'Georgia Housing and Finance Authority Act.'
50-26-2. (a) The General Assembly finds that: (1) There exists an inadequate supply of, and a pressing need for, financing and
financial assistance to ensure the provision or preservation of safe, decent, energy efficient, and affordable housing and an adequate system of housing finance for housing and housing related concerns within this state; and
(2) There exists an inadequate supply of, and a pressing need for, financing and financial assistance to enterprises which desire to locate or improve or expand in the state, particularly those enterprises which desire to locate in the more rural areas of the state. (b) It is declared to be the public policy of this state to promote the health, welfare, safety, morals, and economic security of its citizens through the retention of existing employment and alleviation of unemployment in all phases of enterprise and housing; the elimination of the shortage of and the preservation of safe, decent, energy efficient, and affordable housing; and the elimination of the shortage of and the preservation of capital for housing finance.

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(c) The General Assembly finds that the public policies of the state as set forth in this Code section cannot be fully attained without the use of public financing and financial assistance, either direct or indirect; that such public financing can best be provided by the creation of a state housing and finance authority with comprehensive and extensive powers therein, which powers shall include, but not be limited to, the power to issue bonds or revenue bonds to provide financing for enterprises, for housing, and for housing finance; and that all of the foregoing are public purposes and uses for which public moneys may be borrowed, expended, advanced, loaned, and granted.
(d) It is the intent of the General Assembly to create an instrumentality that can facilitate economic development and housing and housing finance throughout the state through its ability to access global capital markets and thereby provide credit to worthy businesses engaged in enterprises and located in or desiring to locate in this state or to provide housing or housing finance in this state on terms competitive with those available to businesses engaged in enterprises or available to those involved in housing or housing finance that are able to access directly such capital markets.
(e) It is further the intent of the General Assembly that the authority created by this chapter work directly with and assist financial institutions and local development authorities in this state in creating, offering, delivering, and servicing such additional financing alternatives to businesses engaged in enterprises and to businesses and individuals involved in housing or housing finance.
50-26-3. The authority shall receive all assets of, and the authority shall be responsible for any contracts, leases, agreements, or other obligations of, the Georgia Residential Finance Authority. The authority is substituted as a party to any such contract, agreement, lease, or other obligation and is responsible for performance thereon as if it had been the original party and is entitled to all benefits and rights of enforcement by any other parties to such contracts, agreements, leases, or other obligations.
50-26-4. As used in this chapter, the term: (1) 'Authority* means the Georgia Housing and Finance Authority or any subsidi-
ary corporation created by the board of directors of the Georgia Housing and Finance Authority pursuant to this chapter.
(2) 'Bonds' or 'revenue bonds' means any bonds, revenue bonds, or other evidences of indebtedness of a securities nature, including refunding bonds, issued by the authority and offered to the public.
(3) 'Business' means any lawful activity engaged in for profit or not for profit, whether organized as a corporation; a partnership, either general or limited; a sole proprietorship; or otherwise.
(4) 'Cost of project,' 'cost of any project,' or 'cost of an enterprise' means, as the context may require, all, including but without limiting the generality of the foregoing, of the following:
(A) All costs of acquisition, by purchase or otherwise, and all costs of installation, modification, repair, reconditioning, renovation, remodeling, extension, rehabilitation, or preservation incurred in connection with any project or part of any project;
(B) All costs of real property, fixtures, equipment, or personal property used in or in connection with or necessary or convenient for any project or any facility or facilities related thereto, including, but not limited to, cost of land, interests in land, options to purchase, estates for years, easements, rights, improvements, water rights, and connections for utility services; the cost of fees, franchises, permits, approvals, licenses, and certificates or the cost of securing any of the foregoing; the cost of preparation of any application therefor; and the cost of all fixtures, machinery, equipment, furniture, and other property used in connection with or necessary or convenient for any project or facility;
(C) All financing charges, including, but not limited to, premiums and prepayment penalties, interest accrued before acquisition or refinancing of a project, loan or loan guarantee fees, and fees paid to or which accrue to the authority regardless of the timing of such fees, prior to, during operation of, or after completion of a project or facility;

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(D) The cost of architectural, engineering, legal, financing, surveying, planning, environmental reports and inspections, accounting services, and any and all other necessary technical personnel or other expenses necessary or incident to planning, providing, or determining the need for or the feasibility or practicability of a project or financial assistance to or financing of a project;
(E) All fees for legal, accounting, bond, underwriting, trustee, paying agent, option provider, credit enhancement, and fiscal agent services for bondholders under any bond resolution, trust agreement, indenture, or similar instrument or agreement and all expenses incurred by any of the above;
(F) The cost of plans and specifications for any project; (G) The cost of title insurance and title examinations with respect to any project; (H) Administrative costs, expenses, and fees rendered or incurred with respect to any project; (I) The cost of the establishment of any reserves, including, but not limited to, any sinking fund and debt service reserves; and
(J) All costs of servicing any loans made or acquired.
(5) 'Enterprise' means a business engaged in manufacturing, producing, processing, assembling, repairing, extracting, warehousing, or distributing goods; a business engaged in furnishing or facilitating communications, computer services, research, or transportation; and corporate and management offices and services provided in connection with any of the foregoing, in isolation or in any combination that involves, in each case, either the creation of new or additional employment, the retention of existing employment or payroll, or the increase of average payroll for employees of such enterprise; provided, however, that a shopping center, retail store or shop, or other similar undertaking which is solely or predominantly of a commercial retail nature shall not be an enterprise for the purposes of this chapter.
(6) 'Facilities' means any real property, personal property, or mixed property of any and every kind.
(7) 'Housing' means a specific work or undertaking, whether acquisition, new construction, or rehabilitation, which is: (A) designed or financed for the primary purpose of providing safe, decent, energy efficient, appropriate, and affordable dwelling accommodations for persons and families of low or moderate income; or (B) designed or financed for special needs populations, including, but without limiting the generality of the foregoing, the aged, the infirm, the mentally disabled, the mentally ill, and the physically disabled; such undertakings may include any buildings, land, equipment, facilities, or other real or personal properties which are necessary, convenient, or desirable appurtenances, such as, but not limited to, site preparation, landscaping, and other nonhousing facilities such as recreational, administrative, health care, commercial, community, and staff facilities as the authority deems incidental, necessary, convenient, or desirable appurtenances; retirement homes, centers, and related facilities; nursing homes and related facilities; residential care facilities for the elderly or disabled; and long-term or life-care facilities for the elderly or disabled; or (C) without regard to income, for those geographic areas in which, in the opinion of the authority, the development, preservation, or improvement of housing is necessary for the purposes of: (i) economic development or expansion; or (ii) retaining in or attracting to such area qualified human resources essential to industrial, business, commercial, and residential operations and development. Such undertakings may be either singlefamily dwellings or multifamily dwellings, energy improvements thereto, or other improvements thereto and may include cooperatives, condominiums, transitional housing, homeless shelters, single-room occupancy housing, and any other building which provides residential opportunities.
(8) 'Housing finance' means the purchase or acquisition of mortgages or participations therein; the making of loans or grants for housing; the administration of federal housing programs; the underwriting, servicing, and administration of mortgages or participations therein; and the allocation and administration of tax credits pertaining to housing.

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(9) 'Local government' or 'local governing authority' means any municipal corporation or county or any state or local authority, board, or political subdivision created by the General Assembly or pursuant to the Constitution and laws of this state.
(10) 'Operating capital' means the cost of general operation and administration of a business for a temporary period, not to exceed one year.
(11) 'Project' means housing and facilities used in connection therewith; housing finance; or facilities to be used by any enterprise other than those used in connection with the sale of goods at retail.
(12) 'State' means the State of Georgia. 50-26-5. (a) There is created a body corporate and politic to be known as the Georgia Housing and Finance Authority which shall be deemed to be an instrumentality of the state, and not a state agency, and a public corporation performing an essential governmental function. (b) The authority is assigned to the Department of Community Affairs for administrative purposes only. (c) The authority shall consist of 12 members, ten of whom are public members appointed by the Governor, with the remaining two members being the director of the Office of Planning and Budget and the Governor or the designee of the Governor. The public members shall be appointed with a view toward equitable geographic distribution and interest and expertise in one or more of the project areas. The public members are subject to the code of ethics covering members of boards, commissions, and authorities as contained in Code Sections 45-10-3 through 45-10-5 and are subject to removal for violation of the code of ethics as provided in those Code sections. Any vacancy created by any such removal for cause shall be filled by the Governor.
(d) Three of the initial public members shall be appointed for an initial term of four years, three of the initial public members shall be appointed for an initial term of three years, and four of the initial public members shall be appointed for an initial term of two years. All subsequent terms shall be for four years. Each member shall hold office for the term of his or her appointment and until his or her successor shall be appointed and duly qualified. Any member may succeed himself or herself. All vacancies in the membership of the authority, whether caused by expiration of term of office, death, resignation, removal, or otherwise, shall be filled by appointment by the Governor. The term of any member appointed to fill an unexpired term shall be the remainder of the term of the member he or she replaced.
(e) The authority shall elect from its membership a chair, a vice chair, a secretary, and such other officers as it may determine from time to time. Such officers shall serve for such terms as shall be prescribed by the bylaws of the authority or until their respective successors are elected and qualified. No member of the authority shall hold more than any one office of the authority.
(f) The public members of the authority shall receive the same expense allowance per day as that received by members of the General Assembly, plus actual expenses incurred, for each day's service spent in the performance of the duties of the authority, provided that such compensation shall be limited to 30 days during any one fiscal year unless one of the public members is elected chair, in which event such compensation shall be limited to 100 days during any one fiscal year. The ex officio members shall receive reimbursement for actual expenses incurred in the performance of their duties.
(g) Except for the issuance of bonds, the authority may delegate to one or more of its members, to the executive director, or to any agent or employee of the authority such powers and duties as it may deem proper.
(h) The authority shall appoint an executive director who shall be the chief administrative officer of the authority and serve as an ex officio nonvoting member of the board of directors.
(i) No part of the funds of the authority shall inure to the benefit of or be distributed to its members or officers or other private persons, except that the authority shall be authorized and empowered to pay reasonable compensation for services rendered and to reimburse expenses incurred. In addition, the authority shall be authorized and empowered to make loans and grants, allocate credits, provide financial assistance, and

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otherwise exercise its other powers in furtherance of its corporate purposes. No such loans or grants or financial assistance shall be made to, no credits shall be allocated to, and no property shall be purchased or leased from or sold, leased, or otherwise disposed of to any member or officer of the authority in his or her individual capacity or by virtue of partnership or ownership of a for profit corporation. This subsection does not preclude loans or grants to, or financial assistance or allocation of credit to, or purchase or lease from or sale, lease, or disposal of property to any subsidiary corporation of the authority.
(j) The Attorney General shall provide legal services for the authority, and, in connection therewith, Code Sections 45-15-13 through 45-15-16 shall be fully applicable.
50-26-6. Neither the members of the authority nor any officer or employee of the authority acting in behalf thereof, while acting within the scope of his or her authority, is subject to any liability resulting from:
(1) The construction, ownership, maintenance, or operation of any project financed with the assistance of the authority; or
(2) Carrying out any of the powers given in this chapter. 50-26-7. (a) The powers of the authority shall be vested in the members of the board of directors in office from time to time; and a majority of members in office shall constitute a quorum for the transaction of any business and for the exercise of any power or function of the authority. (b) Action may be taken and motions and resolutions adopted by the board at any meeting thereof by the affirmative vote of a majority of present and voting board members. (c) No vacancy in the membership of the board shall impair the right of the members to exercise all the powers and perform all duties of the board. 50-26-8. (a) The authority shall have any and all powers necessary or convenient to its usefulness in carrying out and effectuating the purposes and provisions of this chapter which are not in conflict with the Constitution of this state, including, but without limiting the generality of the foregoing, the following powers:
(1) To sue and be sued in contract and in tort and to complain and defend in all courts;
(2) To adopt and alter a corporate seal;
(3) To adopt, amend, and repeal bylaws, rules and regulations, and policies and procedures for the regulation of its affairs and the conduct of its business, the election and duties of officers and employees of the authority, and such other matters as the authority may determine;
(4) To appoint and select officers, agents, and employees, including professional and administrative staff and personnel, financial advisers, consultants, fiscal agents, trustees, and accountants and to fix their compensation and pay their expenses;
(5) To procure or to provide insurance against any loss in connection with its programs, property, and other assets;
(6) To borrow money and to issue notes and bonds and other obligations to accomplish its public purposes and to provide for the rights of the lenders or holders thereof;
(7) To pledge, mortgage, convey, assign, hypothecate, or otherwise encumber any property of the authority, including, but not limited to, real property, fixtures, personal property, intangible property, revenues, income, charges, fees, or other funds and to execute any lease, trust indenture, trust agreement, resolution, agreement for the sale of the authority's bonds, loan agreement, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other agreement or instrument as may be necessary or desirable, in the judgment of the authority, to secure any such bonds, which instruments or agreements may provide for foreclosure or forced sale of any property of the authority upon default in any obligation of the authority, either in payment of principal, premium, if any, or interest or in the performance of any term or condition contained in any such agreement or instrument; the state, on behalf of itself and each political subdivision, public body corporate and politic, or taxing district therein, waives any right it or such political subdivision, public body corporate

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and politic, or taxing district may have to prevent the forced sale or foreclosure of any property of the authority upon such default and agrees that any agreement or instrument encumbering such property may be foreclosed in accordance with law and the terms thereof;
(8) To purchase notes or participations in notes evidencing loans which are secured by mortgages or security interests and to enter into contracts in that regard;
(9) To extend credit, to make loans, to participate in the making of loans, to enter into commitments for the purchase of mortgages or participations, to acquire and contract to acquire mortgages or participations, to provide credit enhancement, and to provide or procure insurance;
(10) To collect fees and charges in connection with its bonds, loans, commitments, insurance, credit enhancement, and servicing, including, but not limited to, reimbursement of costs of financing;
(11) To sell mortgages and security interests at public or private sale; to negotiate modifications or alterations in mortgage and security interests; to foreclose on any mortgage or security interest in default or commence any action to protect or enforce any right conferred upon it by any law, mortgage, security agreement, deed of trust, deed to secure debt, contract, or other agreement; to bid for and purchase property which was the subject of such mortgage or security interest at any foreclosure or at any other sale; to acquire or take possession of such property; and to exercise any and all rights as provided by law or contract for the benefit or protection of the authority or mortgage holders or holders of the authority's notes, bonds, or other obligations;
(12) To service mortgages and to make and execute contracts for the servicing of mortgages made or acquired by the authority and to pay reasonable compensation for such servicing;
(13) To make and execute contracts, agreements, and other instruments, including interest rate swap or currency swap agreements, and to take such other actions and do such other things as the authority may deem appropriate to provide credit enhancement for any of its bonds;
(14) To receive and use the proceeds of any tax levied by the state or a local government or taxing district of the state enacted for the purposes of providing credit enhancement or for any other purpose for which the authority may use its own funds pursuant to this chapter;
(15) To receive and administer gifts, grants, and devises of money and property of any kind and to administer trusts;
(16) To acquire real and personal property in its own name to promote any of the public purposes of the authority or for the administration and operation of the authority;
(17) To provide and administer grant moneys for any of the public purposes of the authority and to comply with all conditions attached thereto;
(18) To contract for any period, not exceeding 50 years, with the state, any institution, department, agency, or authority of the state, or any local government within the state for the use by the authority of any facilities or services of any such entity or for the use by any such entity of any facilities or services of the authority, provided that such contracts shall deal with such activities and transactions as the authority and any such entity with which the authority contracts are authorized by law to undertake;
(19) To invest any accumulation of its funds, including, but without limiting the generality of the foregoing, funds received from the issuance of bonds and any sinking funds or reserves in any manner as it determines is in its best interests and to purchase its own bonds and notes;
(20) To hold title to any project financed by it, but it shall not be required to do so;
(21) To establish eligibility standards for financing and financial assistance and technical assistance authorized for projects under this chapter;
(22) To sell or otherwise dispose of unneeded or obsolete equipment or property of every nature and every kind;

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(23) To lease as lessor any facility or any project for such rentals and upon such terms and conditions as the authority considers advisable and not in conflict with this chapter;
(24) To sell by installment or otherwise to sell by option or contract for sale and to convey all or any part of any item of any project or facility for such price and upon such terms and conditions as the authority considers advisable and which are not in conflict with this chapter;
(25) To manage property, intangible, real, and personal, owned by the authority or under its control by lease or by other means;
(26) To do any and all things necessary, desirable, convenient, or incidental for the accomplishment of the objectives of this chapter and to exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the public purposes of the authority or the Constitution and laws of this state, including:
(A) The power to retain accounting and other financial services;
(B) The power to purchase all kinds of insurance, including, without limitation, insurance against tort liability and against risks of damage to property;
(C) The power to indemnify and hold harmless any parties contracting with the authority or its agents from damage to persons or property; and
(D) The power to act as self-insurer with respect to any loss or liability and to create insurance reserves;
(27) To incorporate one or more nonprofit corporations as subsidiary corporations of the authority for the purpose of carrying out any of the powers of the authority
and to accomplish any of the purposes of the authority. Any such subsidiary corporation shall be a nonprofit corporation, a public body, a political subdivision of the state, and an instrumentality of the state and shall exercise essential governmental
functions. Any subsidiary corporations created pursuant to this power shall be created pursuant to Chapter 3 of Title 14, the 'Georgia Nonprofit Corporation Code,' and the
Secretary of State shall be authorized to accept such filings. The members of the board of directors of the authority shall constitute the members of and shall serve as directors of any subsidiary corporation and such shall not constitute a conflict of
interest. Upon dissolution of any subsidiary corporation of the authority, any assets shall revert to the authority or to any successor to the authority or, failing such suc-
cession, to the State of Georgia. The authority shall not be liable for the debts or obligations or bonds of any subsidiary corporation or for the actions or omissions to act of any subsidiary corporation unless the authority expressly so consents;
(28) To lease any authority owned facilities or property or any state owned facilities or property which the authority is managing under contract with the state; and no
such lease agreement shall be deemed to be a contract subject to any law requiring that contracts shall be let only after receipt of competitive bids;
(29) To provide advisory, technical, consultative, training, management, educational,
and project assistance services to the state and any institution, department, agency, or authority of the state, to any local government, or to any nonprofit or for profit business, corporation, partnership, association, sole proprietorship, or other entity or
enterprise and to enter into contracts with the foregoing to provide such services; and the state, any institution, department, agency, or authority of the state, and any local
government are authorized to enter into contracts with the authority for such services, to perform all duties required by the contract, and to pay for such services as may
be provided them; (30) To impose restrictive covenants which shall be deemed to be running with the
land to any person, corporation, partnership, or other form of business entity which receives financial assistance from the authority, which form of financial assistance shall include tax credits, bond financing, grants, guarantees of the authority, guaran-
tees of the state, insurance of the authority, and all other forms of financial assistance, regardless of whether the authority enjoys privity of estate or whether the covenant
touches and concerns the property burdened; and such restrictive covenants shall be valid for a period of up to the later of 40 years or the termination or satisfaction of
such financial assistance, notwithstanding any other provision of law; and

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(31) To enter into partnership agreements, to sell and purchase partnership interests, and to serve as general or limited partner of a partnership created to further the public purposes of the authority. (b) The powers enumerated in each paragraph of subsection (a) of this Code section are cumulative of and in addition to those powers enumerated in the other paragraphs of subsection (a) of this Code section and elsewhere in this chapter and no such power limits or restricts any other power of the authority. (c) This chapter, being for the welfare of this state and being for the welfare of its citizens, shall be liberally construed to effect the purposes specified in this chapter.
(d) No portion of the state ceiling, as defined in Code Section 36-82-182, shall be set aside or reserved, and no separate pool or share shall be created within the state ceiling, for the purpose of reserving for or allocating to the authority a portion of the state ceiling for use by the authority in the financing of, or the provision of financial assistance for, any enterprise. The distribution to the authority by the Department of Community Affairs of any portion of the state ceiling for the purpose of permitting the financing of any enterprise shall be accomplished based upon the merits of each enterprise and shall be accomplished upon the same terms and conditions, without preference or priority of any kind, as shall be applicable to the distribution of any portion of the state ceiling for the benefit of any enterprise proposed to be financed by a local authority.
50-26-9. (a) The authority may issue bonds for the purpose of facilitating economic development; for the improvement of public health, safety, and welfare; and for other public purposes through the provision of financing and financial assistance, either directly or indirectly through a financial institution; a lender; the state; any institution, department, agency, or authority of the state; any political subdivision of the state; or any other public agency, public corporation or public authority or otherwise for: (1) enterprises; (2) housing; and (3) housing finance.
(b) The authority shall have the power to borrow money and to issue bonds, regardless of whether the interest payable by the authority incident to such loans or bonds or income derived by the holders of the evidence of such indebtedness or bonds is, for purposes of federal taxation, includable in the taxable income of the recipients of such payments or is otherwise not exempt from the imposition of such taxation on the recipient.
(c) No bonds, notes, or other obligations of, and no indebtedness incurred by, the authority shall constitute an indebtedness or obligation or a pledge of the faith and credit of the State of Georgia or its agencies; nor shall any act of the authority in any manner constitute or result in the creation of an indebtedness of the state or its agencies or a cause of action against the state or its agencies; provided, however, that the state, to the extent permitted by its Constitution, may guarantee payment of such bonds, notes, or other obligations as guaranteed revenue debt.
(d) It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purpose are in all respects for the benefit of the people of this state and are a public purpose and the authority will be performing an essential government function in the exercise of the powers conferred upon it by this chapter. The state covenants with the holders of the bonds that the authority shall not be required to pay any taxes or assessments upon any of the property acquired or leased by the authority or under the jurisdiction, control, possession, or supervision of the authority or upon the activities of the authority in the financing of the activities financed by the authority or upon any principal, interest, premium, fees, charges, or other income received by the authority and that the bonds of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state. The exemption from taxation is declared to specifically extend to any subsidiary corporation created by the board of directors of the authority but shall not extend to tenants or lessees of the authority unless otherwise exempt from taxation. The exemption from taxation shall not include exemptions from sales and use taxes on property purchased by the authority or for use by the authority.
(e) The state does pledge to and agree with the holders of any bonds issued by the authority pursuant to this chapter that the state will not alter or limit the rights vested

WEDNESDAY, MARCH 13, 1991

2415

in the authority to fulfill the terms of any agreement made with or for the benefit of the holders of bonds or in any way impair the rights and remedies of bondholders until the bonds, together with the interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of such holders are fully met and discharged or funds for the payment of such are fully provided. The authority is authorized to include this pledge and agreement of the state in any agreement with bondholders.
50-26-10. (a) The offer, sale, or issuance of bonds, notes, or other obligations by the authority shall not be subject to regulation under Chapter 5 of Title 10, the 'Georgia Securities Act of 1973.' No notice, proceeding, or publication except those required in this chapter is necessary to the performance of any act authorized in this chapter; nor is any such act subject to referendum.
(b) The authority shall fix such rates, fees, and charges for loans and for use of its services and facilities as is sufficient in the aggregate (when added to any other grants or funds available to the authority) to provide funds for the payment of the interest on and principal of all bonds payable from said revenues and to meet all other encum-
brances upon such revenues as provided by any agreement executed by the authority in connection with the exercise of its powers under this chapter and for the payment of all operating costs and expenses which shall be incurred by the authority, including pro-
visions for appropriate reserves, except for funds appropriated to the State of Georgia Guaranteed Revenue Debt Common Reserve Fund with respect to any bonds issued by
the authority as guaranteed revenue debt; provided, however, that such costs and expenses shall include any reimbursement to the State of Georgia Guaranteed Revenue Debt Common Reserve Fund because of any payments made from such fund for any
guaranteed revenue debt issued by the authority. (c) The use and disposition of the authority's revenue is subject to the provisions of
the resolutions authorizing the issuance of any bonds payable therefrom or of the trust
agreement or indenture, if any, securing the same. The authority may designate any of its bonds as general obligations or may limit the source of repayment pursuant to the resolution authorizing the issuance of the bonds.
(d) The making of any loan commitment or loan, and the issuance, in anticipation
of the collection of the revenues from such loan or loans, of bonds to provide funds therefor, may be authorized under this chapter by resolution of the authority. Unless otherwise provided therein, such resolution shall take effect immediately and need not
be published or posted. The authority, in determining the amount of such bonds, may include all costs and estimated costs of the issuance of the bonds; all fiscal, legal, and
trustee expenses; and all costs of the project. Such bonds may also be issued to pay off, refund, or refinance any outstanding bonds or other obligations of any nature owed by the authority, whether or not such bonds or other obligations are then subject to
redemption; and the authority may provide for such arrangements as it may determine for the payment and security of the bonds being issued or for the payment and security
of the bonds or other obligations to be paid off, refunded, or refinanced. (e) Bonds may be issued under this chapter in one or more series; may bear such
date or dates; may mature at such time or times, not exceeding 40 years from their
respective dates; may bear interest at such rate or rates, payable at such time or times; may be payable in such medium of payment at such place or places; may be in such
denomination or denominations; may be in such form, either coupon or registered or book entry; may be issued in such specific amounts; may carry such registration, conver-
sion, and exchangeability privileges; may be declared or become due before the maturity date thereof; may provide such call or redemption privileges; may have such rank or pri-
ority; may be the subject of a put or agreement to repurchase by the authority or others; may be resold by the authority, once acquired, without the acquisition being considered the extinguishment of the bonds; may be issued for a project or for more than one
project, whether or not such project is identified at the time of bond issuance; and may contain such other terms, covenants, assignments, and conditions as the bond resolution
authorizing the issuance of such bonds or any indenture or trust agreement may provide. The authority may sell such bonds in such manner, at such price or prices, and on such
terms and conditions as the authority determines.

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(f) The bonds must be signed by the chair or vice chair of the authority; the corporate seal of the authority must be impressed, imprinted, or otherwise reproduced on the bonds; and the bonds must be attested by the signature of the secretary or assistant secretary of the authority. The signatures of the officers of the authority and the seal of the authority on any bond issued by the authority may be facsimile if the instrument is authenticated or countersigned by a trustee other than the authority itself or an officer or employee of the authority. All bonds issued under authority of this chapter bearing signatures or facsimiles of signatures of officers of the authority in office on the date of the signing thereof are valid and binding, notwithstanding that before the delivery thereof and payment therefor such officers whose signatures appear thereon have ceased to be officers of the authority. Pending the preparation of the definitive bonds, interim certificates, in such form and with such provisions as the authority may determine, may be issued to the purchasers of bonds to be issued under this chapter.
(g) The provisions of this chapter and of any bond resolution, indenture, or trust agreement entered into pursuant to this chapter are a contract with every holder of the bonds; and the duties of the authority under this chapter and under any such bond resolution, indenture, or trust agreement are enforceable by any bondholder by mandamus or other appropriate action or proceeding at law or in equity.
(h) The authority may provide for the replacement of any bond which becomes mutilated, lost, or destroyed in the manner provided by the resolution, indenture, or trust agreement.
(i) (1) The authority shall not have outstanding at any one time bonds and notes for its single-family residential housing program in an aggregate amount exceeding $985 million, excluding bonds and notes issued to refund outstanding bonds and notes.
(2) The authority shall not have outstanding at any one time bonds and notes for financing of enterprises, other than housing, exceeding $140 million and shall not issue any such bonds or notes after June 30, 1995; provided, however, that such limitations shall not apply with respect to bonds and notes issued to refund outstanding bonds and notes.
(3) Any limitations with respect to interest rates or any maximum interest rate or rates found in Article 3 of Chapter 82 of Title 36, the 'Revenue Bond Law,' the usury laws of this state, or any other laws of this state do not apply to bonds of the authority.
(j) All bonds issued by the authority under this chapter shall be issued and shall be validated by the Superior Court of Fulton County, Georgia, under and in accordance with the procedures set forth in Code Sections 36-82-73 through 36-82-83, which comprise a portion of the 'Revenue Bond Law,' as now or hereafter in effect, except as provided in this chapter. Notes and other obligations of the authority may be, but are not required to be, so validated.
(k) All bonds must bear a certificate of validation signed by the clerk of the Superior Court of Fulton County, Georgia. Such signature may be made on the certificate of validation of such bonds by facsimile or by manual execution, stating the date on which such bonds were validated; and such entry is original evidence of the fact of judgment and shall be received as original evidence in any court in this state.
(1) The authority shall reimburse the district attorney for his or her actual costs, if any, associated with the bond validation proceedings. The fees payable to the clerk of the Superior Court of Fulton County for validation and confirmation shall be as follows for each bond, regardless of the denomination of such bond: $1.00 for each bond for the first 100 bonds; 25$ for each of the next 400 bonds; and lOt for each bond over 500.
(m) In lieu of specifying the rate or rates of interest which bonds to be issued by the authority are to bear, the notice to the district attorney or the Attorney General; the notice to the public of the time, place, and date of the validation hearing; and the petition and complaint for validation may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest (which may be fixed or may fluctuate or otherwise change from time to time) specified in such notices and the petition and complaint or may state that, if the bonds are to bear different rates of interest for different maturity dates, none of such rates will exceed the maximum rate

WEDNESDAY, MARCH 13, 1991

2417

(which may be fixed or may fluctuate or otherwise change from time to time) so specified; provided, however, that nothing in this Code section shall be construed as prohibiting or restricting the right of the authority to sell such bonds at a discount, even if in doing so the effective interest cost resulting therefrom would exceed the maximum per annum interest rate specified in such notices and in the petition and complaint.
(n) Prior to issuance, all bonds shall be subject to the approval of the Georgia State Financing and Investment Commission.
(o) Any other law to the contrary notwithstanding, this chapter shall govern all civil claims, proceedings, and actions respecting debt of the authority evidenced by bonds.
50-26-11. The bonds authorized by this chapter are securities in which: (1) All public officers and bodies of this state; (2) All local governments of this state; (3) All insurance companies and associations and other persons carrying on an
insurance business; (4) All banks, bankers, trust companies, saving banks, and savings associations,
including savings and loan associations, building and loan associations, investment companies, and other persons carrying on a banking business;
(5) All administrators, guardians, executors, trustees, and other fiduciaries; and (6) All other persons whomsoever who are authorized to invest in bonds or other obligations of this state may properly and legally invest funds, including capital in their control or belonging to them. Such bonds are also securities which may be deposited with and shall be received by all public officers and bodies of this state and local governments for any purpose for which deposit of the bonds or other obligations of this state is authorized. 50-26-12. (a) All or any part of the gross or net revenues and earnings derived from any particular loan or loans and any and all revenues and earnings received by the authority, regardless of whether such revenues and earnings were produced by a particular loan or loans for which bonds have been issued, may be pledged by the authority to the payment of the principal of and interest on bonds of the authority as may be provided in any resolution authorizing the issuance of such bonds or in any indenture or trust agreement pertaining to such bonds. (b) Such funds so pledged, from whatever source received, may include funds received from one or more of all sources and may be set aside at regular intervals into sinking funds for which provision may be made in any such resolution or indenture or trust agreement, which sinking funds may be pledged to and charged with the payment of: (1) The interest on such bonds as such interest becomes due; (2) The principal of the bonds as the same mature;
(3) The necessary charges of any trustee, paying agent, or registrar for such bonds;
(4) Any premium on bonds retired on call or purchase; and
(5) Reimbursement of a credit enhancement provider who has paid principal of or premium or interest on any bond.
(c) The use and disposition of any sinking fund may be subject to regulations for which provision may be made in the resolution authorizing the issuance of the bonds or in the trust instrument or indenture securing the payment of the same.
50-26-13. (a) Any issue of bonds may be secured by a trust agreement or indenture made by the authority with a corporate trustee, which may be any trust company or bank having the power of a trust company inside or outside this state. Such trust agreement or indenture may pledge or assign all revenue, receipts, and earnings to be received by the authority from any source and any proceeds which may derive from the disposition of any real or personal property of the authority or proceeds of insurance carried thereon.
(b) The resolution providing for the issuance of bonds and such trust agreement or indenture may contain provisions for protecting and enforcing the rights and remedies of the bondholders, including the right of appointment of a receiver on default in the payment of any principal or interest obligation and the right of any receiver or trustee to enforce collection of any rates, fees, and charges pertaining to any loan, any overdue

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principal and interest on any loan, any overdue principal of and interest on all bonds in the issue, all costs of collection, and all other costs reasonably necessary to accomplish the collection of such sums in the event of any default of the authority.
(c) Such resolution, trust agreement, or indenture may include covenants setting forth the duties to the authority regarding the custody, safeguarding, and application of all funds of the authority, including any proceeds derived from the disposition of any real or personal property of the authority or proceeds of insurance carried thereon. In addition, such resolution, trust agreement, or indenture may include covenants providing for the operation, maintenance, repair, and insurance of any facility or capital improvements constructed or acquired with loan proceeds.
(d) All expenses incurred in carrying out any trust agreement or indenture under this Code section may be treated as a part of the cost of financing and administering the loans that will be funded or acquired with the proceeds of the bonds governed by such trust agreement or indenture.
50-26-14. (a) All moneys received pursuant to the authority of this chapter, whether as proceeds from the sale of bonds or other obligations, as grants or other contributions, or as revenues and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this chapter. The authority shall, in the resolution providing for the issuance of bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds and the earnings and revenues to be received to any officer who, or any agency, bank, or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes expressed in this chapter, subject to such regulations as this chapter and such resolution or trust indenture may provide.
(b) The authority may pledge for the payment of its bonds such assets, funds, and properties as the resolution providing for the issuance of its bonds may provide. Any such pledge made by the authority is valid and binding from the time when the pledge is made; the moneys or properties so pledged and thereafter received by the authority are immediately subject to the lien of such pledge without any physical delivery thereof or further act; and the lien of any such pledge is valid and binding as against all parties having claims of any kind against the authority, irrespective of whether such parties have notice thereof. No resolution or any other instrument by which a pledge is created need be recorded.
50-26-15. (a) The state auditor shall make an annual audit of the books, accounts, and records of the authority with respect to its receipts, disbursements, contracts, mortgages, leases, assignments, loans, and all other matters relating to its financial operations. The state auditor shall place the audit report on file in his or her office, make the report available for inspection by the general public, and shall submit a copy of the report to the General Assembly.
(b) In addition to the annual audit report, the authority shall render to the state auditor every six months a report setting forth in detail a complete analysis of the activities, indebtedness, receipts, and financial affairs of the authority.
50-26-16. The authority and its corporate existence shall continue until terminated by law; provided, however, that no such law shall take effect so long as the authority shall have bonds or other obligations outstanding, unless adequate provision has been made for the payment thereof. On termination of the existence of the authority, all its rights and properties shall pass to and be vested in the State of Georgia.
50-26-17. (a) The authority may directly acquire, manage, develop, and dispose of real property and improvements thereon as it deems necessary or desirable to provide adequate housing within the state.
(b) The authority may issue bonds for reverse equity mortgages to enable the elderly to maintain a decent and appropriate residence while providing necessary cash for living expenses.
(c) With respect to the sale of new qualified mortgage bonds, at the time of original issuance of such bonds, at least one-third of the total proceeds available for mortgage loans shall be set aside to finance housing units in the metropolitan statistical areas of this state and at least one-third of the total proceeds available for mortgage loans shall be set aside to finance housing units outside of the metropolitan statistical areas of this

WEDNESDAY, MARCH 13, 1991

2419

state. The time period for the geographic set aside shall be four months from the date of issuance of the bonds. For the purpose of this geographic distribution requirement, no county with a population of less than 50,000 shall be considered as being within a metropolitan statistical area of this state. No geographic distribution requirement shall apply to multifamily housing units financed by the authority. No geographic distribution requirement shall apply to refunding bonds or recycled proceeds or to qualified mortgage bonds issued to spur economic and housing development in a discrete geographic area.
(d) The authority may receive and administer any and all federal funds, state funds, or funds, grants, or gifts from other sources which are intended to promote the availability or affordability of housing and housing finance within the state.
(e) The authority is the sole and exclusive issuer of mortgage credit certificates in and for the state, notwithstanding any contrary provision of law; provided, however, that any urban residential finance authority is permitted to issue mortgage credit certificates but only if the urban residential finance authority adopts purchase price and income limits consistent with those adopted by the Georgia Housing and Finance Authority for the mortgage credit certificate program.
(f) Code Section 44-14-5 shall not be applicable to mortgage loans purchased, made, or otherwise financed by the authority.
50-26-18. Without limiting the generality of the findings and intent of the General Assembly or any provision of this chapter, the authority shall facilitate economic development for enterprises throughout the state by means that shall include, without limitation, the issuance of bonds, with or without such credit enhancement as the authority may deem appropriate; the collection of and accumulation of fees and other revenues; the establishment of debt service reserves and sinking funds; and the use of the proceeds from such bonds, funds, and reserves to make loans to enterprises, either directly to such enterprises or indirectly through a financial institution, a political subdivision, or otherwise; to acquire loans made by others to such enterprises; or to establish revolving funds from which short-term or long-term loans can be made to such businesses, but only if in all such cases the proceeds of the loans to such enterprises are utilized to construct facilities of or to make capital improvements to facilities of an enterprise; and to do all things deemed by the authority to be necessary, convenient, and desirable for and incident to the efficient and proper development and operation of such types of undertakings."
Part II
Section 2-1. Code Section 8-3-301 of the Official Code of Georgia Annotated, relating to definitions pertaining to the State Housing Trust Fund for the Homeless, is amended by striking paragraph (1) and inserting in its place a new paragraph (1) to read as follows:
"(1) 'Authority' means the Georgia Residential Finance Authority Georgia Housing and Finance Authority created in Code Section 8-8-173 50-26-5."
Section 2-2. Code Section 36-82-182 of the Official Code of Georgia Annotated, relating to definitions pertaining to the "Georgia Allocation System," is amended by striking paragraph (19) and inserting in its place a new paragraph (19) to read as follows:
"(19) 'Georgia Residential Finance Authority' 'Georgia Housing and Finance Authority' means the authority established under Article 3 ef Chapter 3 ef Title 8 Chapter 26 of Title 50."
Section 2-3. Each of the following Code sections and parts of Code sections of the Official Code of Georgia Annotated is amended by striking the term "Georgia Residential Finance Authority" and inserting in its place the term "Georgia Housing and Finance Authority":
(1) Code Section 8-3-306, relating to the State Housing Trust Fund for the Homeless Commission;
(2) Subsection (b) of Code Section 8-3-310, relating to disbursement of funds from the State Housing Trust Fund for the Homeless;

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(3) Subsection (b) of Code Section 16-9-55, relating to criminal offenses involving public housing;
(4) Paragraph (23) of subsection (a) of Code Section 36-41-5, relating to powers of urban residential finance authorities;
(5) Code Section 36-41-12, relating to competition between urban residential finance authorities and the Georgia Residential Finance Authority;
(6) Code Section 36-82-190, relating to reservations from the housing share of the "Georgia Allocation System";
(7) Paragraph (1) of subsection (b) of Code Section 36-82-195, relating to policy guidelines for the "Georgia Allocation System";
(8) Subsection (j) of Code Section 44-14-5, relating to prohibited practices in residential real estate transactions;
(9) Paragraph (2) of subsection (a) of Code Section 50-8-13, relating to administrative assignment of agencies to the Department of Community Affairs;
(10) Paragraph (9) of Code Section 50-17-21, relating to definitions pertaining to the Georgia State Financing and Investment Commission.
Part III
Section 3-1. All laws and parts of laws in conflict with this Act are repealed.
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, by substitute, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker
Balkcom Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beatty Y Benefield Y Birdsong
Blitch Y Bordeaux
Y Boatick Y Branch
Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd
Y Campbell Y Canty Y Carrell
Carter Y Chafin Y Chambleas Y Cheeks
Y Childers Y Clark,E Y Clark.H

Y Clark,L Y Coker
Y Coleman Y Colwell Y Connell
Y Culbreth Y Cummings,B Y Cummings,M Y Davis,G Y Davis.M
Dixon,H Y Dixon.S
Dobbs Dover YDunn Y Edwards Y Elliott Felton Y Fennel Y Floyd,J.M
Y Floyd,J.W Y Flynt
Y Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris,J
Y Heard Y Henson

Y Herbert Y Hightower
Y Holland Holmes
Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing
N Kingston Y Klein
YLadd Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson YLee
Long YLord
Y Lucas Lupton
YMann Y Martin Y McCoy Y McKelvey Y McKinney.B Y McKinney.C Y Meadows Y Merritt YMilam Y Mills

Y Mobley Y Moody Y Morsberger Y Moultrie N Mueller Y Oliver.C Y Oliver.M YOrr
Orrock
Y Padgett YParham
Y Parrish Patten
E Pelote Y Perry Y Pettit Y Pinholster
Pinkston
YPoag Y Porter
Y Poston Y Powell,A
Y Powell.C Y Purcell
Randall YRay Y Reaves Y Redding Y Ricketson Y Royal
Selman Y Sherrill Y Simpson
Sinkfield
Y Skipper Y Smith,L

Y Smith,P Smith.T
Y Smith.W Y Smyre YSnow Y Stancil.F Y Stancil,S Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond
Y Titus Y Tolbert
Townsend Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Walker,L
Y Wall Ware
Y Watson Y Watts
White Y Wilder Y Williams.B
Williams,J Y Williams,R Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 153, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

WEDNESDAY, MARCH 13, 1991

2421

SB 133. By Senator Hasty of the 51st:
A bill to amend Code Section 44-5-60 of the Official Code of Georgia Annotated, relating to convenants running with the land, so as to change the provisions regarding the continuation of such covenants.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 44-5-60 of the Official Code of Georgia Annotated, relating to covenants running with the land, so as to change the provisions regarding the continuation of such covenants; to prohibit certain increases in the requirements of such covenants; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 44-5-60 of the Official Code of Georgia Annotated, relating to covenants running with land, is amended by striking paragraphs (1) and (2) of subsection (d) thereof and inserting in their place new paragraphs (1), (2), and (4) to read as follows:
"(1) Notwithstanding the limitation provided in subsection (b) of this Code section, covenants restricting lands to certain uses affecting planned subdivisions containing no fewer than 15 individual plots may be continued beyond 20 years as provided in this subsection. Each such continuation shall continue for ten 20 years, and there shall be no limit on the number of times such covenants may be continued.
(2) To continue a covenant as provided in paragraph (1) of this subsection, at least two-thirds of the record owners of plots affected by such covenant shall execute a document containing a legal description of the entire area affected by the covenant, a list of the names of all record owners of plots affected by the covenant, and a description of the covenant to be continued, which may be incorporated by reference to another recorded document. Such document, together with the affidavit of an attorney licensed to practice in this state stating that he has searched the land records and has verified the names of the record owners appearing in the document, shall be recorded in the office of the clerk of the superior court of the county where the land is located prior to the expiration of the initial 20 year period or any subsequent ten-year 20 year extension. No such covenant shall be renewed after the lapse of time of such initial period or extension. The clerk of the superior court shall index the document under the name of each record owner appearing in the document."
"(4) Notwithstanding any other provision of this Code section or of any covenants with respect to the land, no change in the covenants which imposes a greater restriction on the use or development of the land will be enforced unless agreed to in writing by the owner of the affected property at the time such change is made."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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, by substitute, the ayes were 116, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:

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HB 769. By Representatives Dunn of the 73rd and Ware of the 77th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to establish standards and requirements for the operation of multiple employer self-insured health plans.

Representative Dunn of the 73rd moved that the House insist on its position in disagreeing to the Senate amendment to HB 769 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Ware of the 77th, Dunn of the 73rd and Ricketson of the 82nd.

Representative Randall of the 101st District, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 255 Do Pass
Respectfully submitted, /s/ Randall of the 101st
Chairman

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 927. By Representatives Watson of the 114th and Walker of the 113th:
A bill to create and establish the Warner Robins Building Authority, a body corporate and politic and an instrumentality of the State of Georgia.

The following Senate amendment was read:

Amend HB 927 by adding on line 24 of page 4 between the word "project" and the comma, the following:
"in blighted areas".

Representative Watson of the 114th moved that the House agree to the Senate amendment to HB 927.
On the motion the ayes were 110, nays 0.
The motion prevailed.

Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House and Senate were taken up for consideration and
read the third time:

WEDNESDAY, MARCH 13, 1991

2423

SB 67. By Senator Tysinger of the 41st:
A bill to amend Chapter 67A of Title 36 of the Official Code of Georgia Annotated, relating to conflicts of interest in zoning actions, so as to revise said chapter; to provide for definitions; to provide for disclosure of certain financial interests by local government officials and for additional requirements in connection therewith.

The following Committee substitute was read:

A BILL
To amend Chapter 67A of Title 36 of the Official Code of Georgia Annotated, relating to conflicts of interest in zoning actions, so as to revise said chapter; to provide for definitions; to provide for disclosure of certain financial interests by local government officials and for additional requirements in connection therewith; to provide for the disclosure of certain campaign contributions to local government officials; to provide for penalties; to provide conditions under which a special master may be appointed to make recommendations to the governing authority of a local government; to provide for construction; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 67A of Title 36 of the Official Code of Georgia Annotated, relating to conflicts of interest in zoning actions, is amended by striking said chapter in its entirety and substituting in lieu thereof a new Chapter 67A of Title 36 to read as follows:
"CHAPTER 67A
36-67A-1. As used in this chapter, the term: (1) 'Applicant' means any individual e* business entity applying person who
applies for a rezoning action and any attorney or other person representing or acting on behalf of a person who applies for a rezoning action.
(2) 'Business entity' means any corporation, partnership, limited partnership, firm, enterprise, franchise, association, or trust.
(2.1) 'Campaign contribution' means a 'contribution' as defined in paragraph (6) of Code Section 21-5-3.
(3) 'Financial interest' means all direct ownership interests of the total assets or capital stock of a business entity where such ownership interest is 10 percent or more.
(4) 'Local government' means any county or municipality of this state. (5) 'Local government official' means any member of the governing authority of a local government or any member of a planning or zoning commission. (6) 'Member of the family' means the spouse, mother, father, brother, sister, son, or daughter of a local government official. (6.1) 'Opponent' means any person who opposes a rezoning action or any attorney or other person representing or acting on behalf of a person who opposes a rezoning action. (6.2) 'Oppose' means to appear before, discuss with, or contact, either orally or in writing, any local government or local government official and argue against a rezoning action. (6.3) 'Person' means an individual, partnership, committee, association, corporation, labor organization, or any other organization or group of persons. (7) 'Property interest' means the direct er indirect ownership of real property and includes any percentage of ownership less than total ownership. (8) 'Real property' means any tract or parcel of land and, if developed, any buildings or structures located on the land. (9) 'Rezoning action' means action by local government adopting an amendment to a zoning ordinance which has the effect of rezoning real property from one zoning classification to another.

2424

JOURNAL OF THE HOUSE,

36-67A-2. A local government official who knew or reasonably should have known he or she:
(1) Has a property interest in any real property affected by a rezoning action upon which that official is authorized te vete which that official's local government will have the duty to consider;
(2) Has a financial interest in any business entity which has a property interest in any real property affected by a rezoning action pe which that official is authorised te ete which that official's local government will have the duty to consider; or
(3) Has a member of the family having any interest described in paragraph (1) or (2) of this Code section shall immediately disclose the nature and extent of such interest, in writing, to the governing authority of the local government in which the local government official is a member. The local government official who has an interest as defined in paragraph (1) or (2) of this Code section shall disqualify himself from voting on the rezoning action. The disqualified local government official shall not take any other action on behalf of himself or any other person to influence action on the application for rezoning. Seh The disclosures provided for in this Code section shall be a public record and available for public inspection at any time during normal working hours. 36-67A-3. (a) When any applicant for rezoning action has made, within twe five years immediately preceding the filing of that applicant's application for the rezoning action, campaign contributions aggregating $250.00 or more er made gifts having in the aggregate a vatee ef $260.00 e* wtore to a local government official ef the local governinent which who will consider the application, it shall be the duty of the applicant and the attorney representing the applicant to file a disclosure report with the governing authority of the respective local government showing:
(1) The name and official position of the local government official to whom the campaign contribution e* gift was made; and
(2) The dollar amount and description of each campaign contribution made by the applicant to the local government official during the twe five years immediately preceding the filing of the application for the rezoning action and the date of each such contributiont and .
{3} Aa enumeration and description ef each gift having a value ef $260.00 er mere
f&ELClC Dy til QppllCCUn v& WlC lOC&i OVGFHH1GHi OrrlCldl utlVlH 1116 tWO yOftfS imiTlCCll"
ateiy preceding the fiting ef the application fe* the gening change. (b) The disclosures required by subsection (a) of this Code section shall be filed within ten days after the application for the rezoning action is first filed.
(c) When any opponent of a rezoning action has made, within five years immediately preceding the filing of the rezoning action being opposed, campaign contributions aggregating $250.00 or more to a local government official of the local government which will consider the application, it shall be the duty of the opponent to file a disclosure with the governing authority of the respective local government showing:
(1) The name and official position of the local government official to whom the campaign contribution was made; and
(2) The dollar amount and description of each campaign contribution made by the opponent to the local government official during the five years immediately preceding the filing of the application for the rezoning action and the date of each such contribution.
(d) The disclosure required by subsection (c) of this Code section shall be filed at least five calendar days prior to the first hearing by the local government or any of its agencies on the rezoning application.
36-67A-4. Any teeal government official knowingly failing te make a disclosure required by Code Section 86-67A 2 shaH be guilty of a misdemeanor. Any applicant tot pc&oniiig ucnon Knowinfly tfilling to mflnc Any uisciosUPB fts rctjuiPCQ Dy v^odc o&ction 36-67A'3 Any person knowingly failing to comply with the requirements of this chapter or violating the provisions of this chapter shall be guilty of a misdemeanor.
36-67A-5. (a) Where one or more disqualifications required by this chapter result in the inability of the governing authority of the county or municipality to attain a quorum

WEDNESDAY, MARCH 13, 1991

2425

for the purpose of making a final decision when considering a rezoning action, the governing authority immediately shall petition the superior court wherein the property which is the subject of the rezoning is located for appointment of a disinterested special master for the purpose of hearing evidence regarding the proposed rezoning action and making a recommendation to the petitioning governing authority. The court, in its order appointing the special master, shall give such directions for notice and the service thereof as well as for the time in which a hearing must be held and recommendations issued as are just and appropriate under the circumstances and as are consistent with this chapter.
(b) The disinterested special master provided for in this Code section shall be appointed by the judge or judges of the superior courts of each judicial circuit and shall discharge the duties provided for in this Code section. The special master so appointed must be a competent attorney at law, be of good standing in his profession, and have at least three years' experience in the practice of law. He shall hold office at the pleasure of the judge and shall be removable at any time with or without cause. The court, in its order appointing the special master, shall designate the person or entity responsible for compensating the special master at a rate not less than $50.00 per day nor more than $250.00 per day for the time actually devoted to the hearing and consideration of the matter.
(c) The special master shall consider any factors relevant in balancing the interest in promoting the public health, safety, morality, or general welfare against the right to the unrestricted use of property.
(d) The hearing provided for in this Code section and all records pertinent thereto shall be open and available to the public.
(e) Nothing contained in this Code section shall be construed as a delegation of the final decision-making powers of the governing authority to the special master and the recommendation of the special master is not a final decision as to the rezoning action. Where a special master has been appointed and has made a recommendation, the disqualification requirement of Code Section 36-67A-2 shall be waived.
36-67A-6. Nothing in this chapter shall be construed to prohibit a local government official from voting on a zoning decision when the local government is adopting a zoning ordinance for the first time or when a local government is voting upon a revision of the zoning ordinance initiated by the local government pursuant to a comprehensive plan as defined in Chapter 70 of this title."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Lawson of the 9th moves to amend the Committee substitute to SB 67 as follows:
By striking on page 4 lines 6, 21 and 34 the word "five" and substituting thereon the word "two".

The Committee substitute, as amended, was adopted.

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, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams YAiken Y Alford Y Atkins

Y Baker Y Balkcom Y Barfoot Y Bargeron Y Harriett,B

Y Bamett,M Y Bates Y Beatty Y Benefield Y Birdaong

Y Blitch Y Bordeaux
Bostick Y Branch Y Breedlove

Y Brooks Brown
Y Brush Y Buck Y Buckner

2426

JOURNAL OF THE HOUSE,

YByrd Campbell
Y Canty Y Carrell
Y Carter YChafm
Chambless Y Cheeks Y Childers Y Clark,E Y Clark,H Y Clark,L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings.M
Davis.G Y Davis.M Y Di>n,H Y Dixon,S YDobbs Y Dover Y Dunn Y Edwards
Y Elliott Y Felton Y Fennel Y Floyd,J.M

Y FloydJ.W YFlynt
YGodbee Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Manner Y Harris,B Y Harris,J Y Heard
Y Henson Y Herbert Y Hightower Y Holland Y Holmes Y Howard
Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein

YLadd Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson
YLee Long
YLord Y Lucas
Lupton YMann Y Martin
YMcCoy Y McKelvey
McKinney.B McKinney,C Y Meadows Y Merritt YMilam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Orrock Y Padgett

YParham Y Parrish Y Patten E Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter YPoston Y Powell,A
Y Powell.C Y Purcell
Randall YRay Y Reaves
Redding Y Ricketson Y Royal
Selman Y Sherrill Y Simpson Y Sinkfield
Skipper Y Smith,L Y Smith,P Y Smith,T Y Smith.W
YSmyre YSnow

Y Stancil,F Y Stancil.S Y Stanley Y Stephens Y Streat Y Taylor YTeper Y Thomas.C Y Thomas,M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend
Turnquest
Y Valenti Y Vaughan Y Walker,J
WalkerJL Y Wall
Ware Y Watson Y Watts Y White Y Wilder Y Williams,B
Williams,J Y Williams,R Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 158, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative McKinney of the 40th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

HR 442. By Representatives Twiggs of the 4th, Parham of the 105th, Parrish of the 109th, Atkins of the 21st and Chafin of the 72nd:
A resolution creating the House State Health Benefit Plan Pharmacy Program 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, the ayes were 116, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

SB 184. By Senator Johnson of the 47th:
A bill to amend Code Section 51-10-6 of the Official Code of Georgia Annotated, relating to the owner's right of action for damage to or theft involving personal property, so as to provide for the recovery of compensatory damages, minimum liquidated exemplary damages, reasonable attorney's fees, and costs in actions pursuant to this Code section in which the claim value does not exceed $5,000.00 and to provide for the recovery of damages from the parents or legal guardian of certain unemancipated minors liable under this Code section.

The following Committee substitute was read and adopted:

WEDNESDAY, MARCH 13, 1991

2427

A BILL
To amend Code Section 51-10-6 of the Official Code of Georgia Annotated, relating to the owner's right of action for damage to or theft involving personal property, so as to provide for the recovery of liquidated exemplary damages in actions pursuant to this Code section in which the claim value does not exceed $5,000.00; 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 51-10-6 of the Official Code of Georgia Annotated, relating to the owner's right of action for damage to or theft involving personal property, is amended by striking paragraph (2) of subsection (a) and inserting in its place a new paragraph to read as follows:
"(2) In any such action in which the value of the total claim, including exemplary damages, is less than $3,000.00 $5,000.00, the property owner may recover compensatory damages, as described in paragraph (1) of this subsection, and additionally may recover liquidated exemplary damages equal to $150.00 or twice the amount of compensatory damages recovered m the actie the entire loss sustained by the property owner as a result of the willful damage or theft offense, whichever is greater, and the cost of maintaining the civil action if all of the following apply:
(A) The property owner, at least 30 days prior to the filing of the action, provided written notice of a demand by personal delivery or certified mail, return receipt requested, for payment of the value of that personal property2 at*d ef- the amount of any other loss sustained as a result of the willful damage or theft offensez and the liquidated exemplary damages set out in this paragraph upon the person who willfully damaged the property or who committed the theft offense;
(B) Either the person who willfully damaged the personal property or who committed the theft offense did not make payment to the property owner of the amount specified in the demand within 30 days after the date of receipt of the written demand and or did not enter into an agreement with the property owner during that 30 day period for such payment, or the person who willfully damaged the personal property or who committed the theft offense entered into an agreement with the property owner during that 30 day period for such payment but the person did not make such payment in accordance with the terms of the agreement; and
(C) The property owner did not file a civil complaint against the person who willfully damaged the personal property or who committed the theft offense prior to the expiration of 30 days after the date of service of the written demand upon the person, or, if the person had entered into an agreement with the property owner during that 30 day period for payment, prior to the day on which the person failed to make payment in accordance with the terms of the agreement, whichever is applicable."
Section 2. Said Code section is further amended by striking subsection (b) and inserting in its place a new subsection (b) to read as follows:
"(b) The person or persons against whom the property owner brings a civil action pursuant to this Code section shall be entitled to recover reasonable attorney's fees and court costs upon a finding that the claimant raised a claim which was without reasonable, factual, or legal support."
Section 3. Said Code section is further amended by striking subsection (c) and inserting in its place a new subsection (c) to read as follows:
"(c) For purposes of paragraph (2) of subsection (a) of this Code section, written notice of demand for payment shall be substantially as follows:
'Upon reasonable cause, notice is given of (my) (our) demand for payment of damages in the amount of (state amount claimed based upon value ef the personal property and
9U91Q1HOC1 ft9 ft PC SUlt Or tn WlllIUl QQIttft^ft Of ttlCIt OliH19Cj \StflL6 flPlOUHt
claimed: total should be $150.00 or twice the amount of the entire loss sustained by the

2428

JOURNAL OF THE HOUSE,

property owner as a result of the willful damage or theft offense, whichever is greater) arising out of your (willful damage, theft, or unlawful conversion) of the following personal property owned by (the undersigned or other owner):
(List affected property) __________________________________

Pursuant to Code Section 51-10-6 of the Official Code of Georgia Annotated, you are further notified that if the above-stated amount is not paid, or a written agreement as to its payment is not reached, within 30 days of the date you receive this letter, (I) (we) (other owner) intend to bring an action against you for such amount, plus
*y uUD8.09 CCJUQ1 T^'Ty J.OU.UU Of tWICG ttlC fllHOUIlt CifllIH.6Qt WlilCllCVCt
greater) -pte attorney's fees, plus court costs2 and such other relief as the law provides.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
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, by substitute, the ayes were 113, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
The following Bill of the House was taken up for the purpose of considering the Senate amendments thereto:
HB 774. By Representative Dunn of the 73rd:
A bill to amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions with regard to professions and businesses, so as to specify that the advertisement by a person licensed to provide health care services of the waiver of a deductible or copayment, as an inducement to attract patients, shall be considered a deceptive and misleading practice.
The following Senate amendments were read:
SENATE AMENDMENT NO. 1
Amend HB 774 by inserting on line 7 of page 1 after the word and symbol "practice;" the following:
"to provide an exception;".
By inserting on line 24 of page 1 after the word "plan" the following:
"; provided, however, it shall not be considered a misleading or deceptive practice to waive such a deductible or copayment if the waiver is based on such evaluation of the individual patient and is not a regular business practice of the person providing health care services",
SENATE AMENDMENT NO. 2
Amend HB 774 by adding a new Section on Page 1 between the lines 24 and 25 to read as follows:

WEDNESDAY, MARCH 13, 1991

2429

"Section 2. 43-11-50. Any person who practices dentistry in this state without obtaining a license to practice from the board shall be guilty of a misdemeanor felony and, upon conviction thereof, shall be punished by a fine of not less than $500.00 nor more than $1,000.00 or by imprisonment from two to five years, or both."
Renumber Section 2 to read Section 3.

Representative Dunn of the 73rd moved that the House disagree to the Senate amendments to HB 774.
On the motion, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken
Alford Y Atkins
Baker Y Balkccm Y Barfoot Y Bargeron
Bainett,B Y Barnett.M
Bates Y Beatty
Benefield Y Birdsong N Blitcli
Bordeaux Y Bostick Y Branch N Breedlove N Brooks Y Brown
Brush NBuck Y Buckner YByrd
Y Campbell N Canty Y Carrell Y Carter N Chafin
N Chambless Y Cheeks Y Childers Y Clark,E N Clark.H

Y Clark.L
Y Coker Coleman
Y Colwell Y Connell Y Culbreth Y Cummings.B Y Cummings.M N Davis.G N Davis.M
Dixon.H Y Dixon.S
Dobbs Dover Y Dunn Y Edwards Y Elliott N Felton Fennel Y Floyd,J.M Y Floyd,J.W YFlynt YGodbee Y Golden N Goodwin Y Green N Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris,B Y Harris,J
N Heard N Henson

Y Herbert Y Hightower
Y Holland Y Holmes Y Howard Y Hudson Ylrwin
Jackson N Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein NLadd
Lane.D Lane.R Y Langford N Lawrence N Lawson YLee Long
Lord Y Lucas
Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney.B N McKinney.C Y Meadows Y Merritt
Milam Mills

Y Mobley N Moody N Morsberger Y Moultrie Y Mueller Y Oliver.C N Oliver.M NOrr Y Orrock Y Padgett
Parham Y Parrish Y Patten E Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag
Porter Y Poston Y PowellA Y Powell.C Y Purcell Y Randall
YRay Y Reaves N Redding Y Ricketson Y Royal
Y Selman Y Sherrill
N Simpson Y Sinkfield Y Skipper N Smith.L

Y Smith,P Y Smith/I Y Smith,W
Y Smyre YSnow Y Stancil,F Y Stancil.S N Stanley
Stephens Y Streat Y Taylor Y Teper N Thomas.C N Thomas.M
Thomas.N N Thurmond
Y Titus N Tolbert
Townsend Turnquest Twiggs Valenti N Vaughan Y Walker.J Walker.L N Wall Ware
Y Watson Y Watts N White N Wilder N Williams.B
Williams,J N Williams.R
Y Yeargin Murphy.Spkr

On the motion, the ayes were 108, nays 38. The motion prevailed.

Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:

SB 313. By Senators Hammill of the 3rd and Gillis of the 20th:
A bill to amend Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to education in general, so as to make it a misdemeanor to buy, sell, create, duplicate, alter, give, or obtain a document which purports to signify merit or achievement conferred by an institution of education; to provide for penalties.

The following Committee substitute was read and adopted:

2430

JOURNAL OF THE HOUSE,

A BILL
To amend Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to education in general, so as to make it a misdemeanor to fraudulently buy, sell, create, duplicate, alter, give, or obtain or attempt to buy, sell, create, duplicate, alter, give, or obtain a document which purports to signify merit or achievement conferred by an institution of education; to provide for 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 1 of Title 20 of the Official Code of Georgia Annotated, relating to education in general, is amended by adding a new Code section immediately following Code Section 20-1-6 to read as follows:
"20-1-7. (a) No person may buy, sell, create, duplicate, alter, give, or obtain or attempt to buy, sell, create, duplicate, alter, give, or obtain a diploma, certificate, academic record, certificate of enrollment, or other instrument which purports to signify merit or achievement conferred by an institution of education in this state with the intent to use fraudulently such document or to allow the fraudulent use of such document.
(b) Any person who violates subsection (a) of this Code section or who aids another in violating subsection (a) of this Code section shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed $1,000.00 or by imprisonment for a period not to exceed one year, or both."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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, by substitute, the ayes were 113, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

SB 407. By Senator Starr of the 44th:
A bill to amend Part 1A of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, the "Nonpublic Postsecondary Educational Institutions Act of 1990," so as to change certain exemptions; to provide an effective date.

The following Committee substitute was read and adopted:

A BILL
To amend Part 1A of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, the "Nonpublic Postsecondary Educational Institutions Act of 1990," so as to change certain exemptions; 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 1A of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, the "Nonpublic Postsecondary Educational Institutions Act of 1990," is amended by striking paragraph (6) of subsection (a) of Code Section 20-3-250.3, relating to exemptions from the part, and inserting in its place a new paragraph to read as follows:
"(6) Nonpublic, nonprofit, postsecondary educational institutions which demonstrate annually to the satisfaction of the commission that their purposes are solely to provide

WEDNESDAY, MARCH 13, 1991

2431

programs of study in theology, divinity, religious education, and ministerial training, er training (or ether church related work, provided seh institutions de net charge atudcnt lees er tuition exceeding $260.00 per student per academic quarter er the equivalent er and that they do not grant postsecondary degrees of a nonreligious nature and that such institutions:
(A) Accept no federal or state funds; and (B) Accept no student who has a federal or state education loan;"
Section 2. This Act shall become effective July 1, 1991.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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, by substitute, the ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
SB 209. By Senators Taylor of the 12th, Olmstead of the 26th and Harris of the 27th:
A bill to amend Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to state health planning, so as to require notification of certain acquisitions and provide fines relating thereto; to provide for limitations upon the times when applications for certificates of need for certain facilities may be made and provide for notifications and determinations relating thereto; to provide for agreements to provide clinical health services to indigent persons and provide penalties relating thereto.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

SB 208. By Senator Edge of the 28th:
A bill to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody proceedings, so as to provide that state policy shall be that a minor child has frequent and continuing contact with parents that show the ability to act in the best interest of the child and to encourage parents to share in the rights and responsibilities of raising their children after separation and divorce.

The following amendments were read and adopted:

The Committee on Judiciary moves to amend Senate Bill 208 on page 1, line 17 by deleting the word "assure" and inserting in lieu thereof "encourage". Further amend on
page 1, line 17 by deleting "frequent and".

Representative Adams of the 79th moves to amend SB 208 as follows: By adding "and grandparents" after "parents" on lines 5 and 18 page 1.

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to, as amended.

2432

JOURNAL OF THE HOUSE,

On the passage of the Bill, as amended, the ayes were 115, nays 2.
The Bill, having received the requisite constitutional majority, was passed, as amended.

SB 88. By Senator Deal of the 49th:
A bill to amend Code Section 32-3-15 of the Official Code of Georgia Annotated, relating to interlocutory hearings on the amount of compensation in cases involving the acquisition of property for public road construction and other transportation purposes, so as to change the provisions relating to proceedings before a special master; to provide for evidence and testimony; to provide for applicability.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 105, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker: The Senate insists on its substitute to the following Bills of the House:

HB 605. By Representative Heard of the 43rd:
A bill to amend Code Section 8-2-3 of the Official Code of Georgia Annotated, relating to requirements for toilets, shower heads, and faucets in buildings, so as to change effective dates; to prohibit the sale of certain toilets.

HB 283. By Representatives Dover of the llth, Godbee of the 110th, Royal of the 144th, Harris of the 84th, Barnett of the 10th and others:
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 current use valuation and taxation of bona fide conservation use property and bona fide residential transitional property; to provide for the ad valorem taxation of timber.

HB 295. By Representatives Byrd of the 153rd, Lee of the 72nd, Dobbs of the 74th, Lane of the 27th, Dunn of the 73rd and others:
A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to provide that with respect to Conditioned Air Contractor Class I and Class II licenses, the Division of Conditioned Air Contractors may require applicants for renewal of licenses to have completed subsequent to the date the last licenses were issued a certain number of hours of continuing professional education relating to conditioned air contracting.

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

WEDNESDAY, MARCH 13, 1991

2433

HB 276. By Representatives Abernathy of the 39th, Childers of the 15th, Groover of the 99th, Lee of the 72nd, Redding of the 50th and others:
A bill to amend Chapter 5 of Title 26 of the Official Code of Georgia Annotated, relating to drug abuse treatment and education programs, so as to provide that the Department of Human Resources shall develop criteria for assuring priority in admissions to drug dependent pregnant females.

The Senate adheres to its disagreement to the House amendment and has appointed a Committee of Conference to confer with a like committee on the part of the House on
the following Bill of the Senate:

SB 357. By Senators Foster of the 50th, Deal of the 49th and Johnson of the 47th:
A bill to amend Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Industry, Trade, and Tourism, so as to provide for state funding of local welcome centers; to provide for criteria for funding; to provide for restrictions on the use of such funding; to provide for audits and inspections; to provide for withholding of funds; to provide for discontinuation of funding.

The President has appointed on the part of the Senate the following: Senators Johnson of the 47th, Deal of the 49th and Foster of the 50th.

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:

SB 178. By Senators Thompson of the 33rd, Newbill of the 56th, Dean of the 31st and others:
A bill to amend Article 3 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to criminal trial proceedings, so as to change the provisions regarding closed circuit television testimony by certain children who are victims or witnesses of certain crimes; to provide an effective date.

The following Committee substitute was read:

A BILL
To amend Article 3 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to criminal trial proceedings, so as to change the provisions regarding closed circuit television testimony by certain children who are victims of certain crimes; 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 8 of Title 17 of the Official Code of Georgia Annotated, relating to criminal trial proceedings, is amended by striking Code Section 17-8-55 which reads as follows:
"17-8-55. In all proceedings involving the criminal charges specified in this Code section, the state or the defendant may apply for an order to televise out of open court the testimony of a child 14 years of age or younger who has been the victim of violations of subsection (b) of Code Section 16-5-70, Code Section 16-6-1, Code Section 16-6-2, or subsection (c) of Code Section 16-6-4. In all proceedings in which the court grants an order to broadcast testimony, the court shall clear the courtroom of all other persons except the judge, counsel for the parties, the defendant, a bailiff, and a parent, guardian,

2434

JOURNAL OF THE HOUSE,

child psychologist, or other qualified person appointed by the court to represent the interests of the witness. The proceedings shall be televised live to the jury in the jury room or other appropriate place in the courthouse. The court may grant an order to televise testimony as provided in this Code section only if it finds that:
(1) The victim of the offense is a child 14 years of age or younger; (2) There is a substantial likelihood that such child will suffer severe emotional or mental distress if required to testify in open court; and (3) The rights of the defendant will not be unduly prejudiced thereby.", and inserting in its place a new Code section to read as follows: "17-8-55. (a) In all proceedings involving the criminal charges specified in this Code section, the court may order that the testimony of a child 14 years of age or younger who has been the victim of any violation of Code Section 16-5-70, Code Section 16-6-1, Code Section 16-6-2, Code Section 16-6-4 or Code Section 16-6-5.1 be taken outside the courtroom and shown in the courtroom by means of a two-way closed circuit television. An order may be granted in such cases only if: (1) The testimony is taken during the criminal trial proceeding for such violation; and (2) The judge determines that testimony by the child victim in the courtroom will result in the child's suffering serious emotional distress such that the child cannot reasonably communicate. (b) Only the prosecuting attorney, the attorney for the defendant, and the judge may question the child who testifies by two-way closed circuit television. (c) The operators of the two-way closed circuit television shall make every effort to be unobtrusive. (d) Only the following persons may be in the room with the child when the child testifies by two-way closed circuit television: (1) The prosecuting attorney; (2) The attorney for the defendant; (3) The operators of the two-way closed circuit television equipment; (4) The judge; and (5) In the court's discretion, any person whose presence, in the opinion of the court, contributes to the well-being of the child, including a person who has dealt with the child in a therapeutic setting concerning the crime. The defendant and defendant's counsel shall be notified at least 24 hours before the closed circuit testimony as to the prosecution's representatives and any other persons who shall be present in the room with the child victim during the child's testimony. (e) During the child's testimony by two-way closed circuit television, the defendant shall be in the courtroom. (f) The defendant shall be allowed to communicate with the persons in the room where the child is testifying by any appropriate electronic method. (g) The provisions of this Code section do not apply if the defendant is an attorney pro se. (h) This Code section may not be interpreted to preclude, for purposes of identification of a defendant, the presence of both the child victim and the defendant in the courtroom at the same time."
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.

The following amendment was read and adopted:

Representative Walker of the 115th moves to amend SB 178 as follows:
By changing the figure and words from "a child of 14 years of age or younger" to "a child of 10 years of age or younger" wherever same appears in the bill.

WEDNESDAY, MARCH 13, 1991

2435

The Committee substitute, as amended, was adopted.

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, by substitute, as amended, the ayes were 127, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

The following Bills of the House were taken up for the purpose of considering the Senate amendments or substitutes thereto:

HB 998. By Representatives Redding of the 50th, Henson of the 57th, Oliver of the 53rd, Valenti of the 52nd, Baker of the 51st and others:
A bill to amend an Act to authorize and direct the chairman and board of commissioners of DeKalb County to create the DeKalb County Community Relations Commission, so as to provide that members may serve no more than three consecutive terms.

The following Senate amendment was read:

Amend HB 998 by striking the word "Officers" on line 17 of page 2 and inserting in lieu thereof the word "Members".

Representative Redding of the 50th moved that the House agree to the Senate amendment to HB 998.
On the motion the ayes were 110, nays 0.
The motion prevailed.

HB 1007. By Representatives Redding of the 50th, Oliver of the 53rd, Valenti of the 52nd, Williams of the 54th, Teper of the 46th and others:
A bill to amend an Act establishing the form of government of DeKalb County and fixing the powers and duties of the officers constituting the governing authority of DeKalb County, so as to provide for the annual salary of the Chief Executive Officer.

The following Senate substitute was read:

A BILL
To amend an Act establishing the form of government of DeKalb County and fixing the powers and duties of the officers constituting the governing authority of DeKalb County, approved April 9, 1981 (Ga. L. 1981, p. 4304), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4863), so as to provide for the annual salary of the Chief Executive Officer; to provide for an expense allowance; 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. An Act establishing the form of government of DeKalb County and fixing the powers and duties of the officers constituting the governing authority of DeKalb County, approved April 9, 1981 (Ga. L. 1981, p. 4304), as amended, particularly by an Act

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approved March 30, 1989 (Ga. L. 1989, p. 4863), is amended by striking Section 8 of said Act in its entirety and inserting in lieu thereof a new Section 8 to read as follows:
"Section 8. The provisions of any other law to the contrary notwithstanding: (1) The Chief Executive Officer of DeKalb County shall be compensated in an
amount equal to the compensation which he received in 1991, to be paid in equal monthly installments;
(2) Each member of the Commission shall receive an annual salary equal to 19 percent of the annual salary of the Chief Executive Officer; and
(3) In addition to the annual salary provided for by paragraph (2) of this section, each member of the Commission shall receive an expense allowance of $300.00 per month."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Redding of the 50th moved that the House agree to the Senate substitute to HB 1007.
On the motion the ayes were 110, nays 0.
The motion prevailed.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate adheres to its amendment to the House substitute and has appointed a Committee of Conference on the following Bill of the Senate:

SB 328. By Senators Dawkins of the 45th, Taylor of the 12th, Robinson of the 16th and others:
A bill to amend Part 12 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to effectiveness of educational programs under the "Quality Basic Education Act," so as to change provisions relating to instruments, procedures, and policies necessary to assess effectiveness; to provide for types of assessments and their implementation and use.
The President has appointed on the part of the Senate the following:
Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th.

The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House:

HB 822. By Representatives Walker of the 115th, Coleman of the 118th, Murphy of the 18th and Buck of the 95th:
A bill 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 repeal the existing "Georgia Computer Systems Protection Act" and enact a new "Georgia Computer Systems Protection Act".

WEDNESDAY, MARCH 13, 1991

2437

HB 849. By Representatives Redding of the 50th, Orrock of the 30th, Carrell of the 65th, Henson of the 57th, Mueller of the 126th and others:
A bill to amend Article 1 of Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions regarding the practice of dentistry, so as to provide that all signs, cards, announcements, advertisements, or methods used to state that dentistry may be practiced shall not be required to list the full names of each individual practicing dentistry in such place.

The Senate has agreed to the House substitute as amended by the Senate, to the following Bill of the Senate:

SB 93. By Senator Johnson of the 47th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to add a new chapter authorizing and regulating orders not to resuscitate certain patients; to provide legislative findings; to provide definitions; to provide for certain presumptions; to provide for the legality of certain orders not to resuscitate.

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

HB 402. By Representative Aiken of the 21st:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for the protection and preservation of certain cemeteries and burial grounds; to repeal Code Section 36-60-6, relating to the disturbing of a burial place in land development.

Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House and Senate were taken up for consideration and read the third time:

SB 236. By Senators Kidd of the 25th, Garner of the 30th and Bowen of the 13th:
A bill to amend Article 10 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to dedication of property, so as to provide requirements for the construction of a funeral establishment on property which has previously been dedicated for use as a cemetery.

The following Committee substitute was read:

A BILL
To amend Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks and historic areas, so as to provide that the state does not claim title to human remains and burial objects discovered on state properties or defined as submerged cultural resources; to amend Chapter 21 of Title 31 of the Official Code of Georgia Annotated, relating to dead bodies, so as to prohibit trafficking in human remains; to prohibit disinterral of human remains for sale or dissection; to prohibit wanton or malicious removal of human remains from a place of interment; to prohibit public display of human remains under certain circumstances; to provide penalties; to prohibit sale or display for profit of burial objects; to require reporting of known disturbance, damage, removal, excavation, or exposure of human remains; to provide the findings and intent of the General

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Assembly; to provide definitions; to create the Indian Burials Consultation Committee and provide for appointment, terms of appointment, reimbursement for expenses, quorum, and powers and duties of the committee; to provide for the identification of certain burial grounds; to require a permit from the committee or the local governing authority for disturbing human remains or burial grounds; to provide procedures for applying for permits; to provide that the committee or the local governing authority shall review proposals to disinter and reinter human remains; to provide for arbitration; to provide for judicial review; to provide for notice to descendants and tribal representatives; to provide for inspection to determine compliance with permits; to provide for the cost of mitigating harm to burial grounds or reintering human remains; to provide for civil actions; to provide for venue and limitation; to provide for relief for a prevailing plaintiff or defendant; to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to repeal the requirement for a permit from the local governing authority to disturb a burial place; to authorize counties and municipalities to preserve and protect burial grounds; to provide that counties and municipalities shall follow the recommendations of the Indian Burials Consultation Committee in certain circumstances; to provide for other 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 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks and historic areas, is amended by striking subsection (c) of Code Section 12-3-52, relating to archeological exploration, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) The department is authorized to grant permits to or enter into contractual agreements with recognized scientific institutions or qualified individuals to conduct field archeological research or salvage archeology through data recovery on such state properties if, in the opinion of the department, conditions or situations warrant such arrangements or agreements. AH saeh Except for human remains and burial objects subject to Article 4 of Chapter 21 of Title 31, all information and archeologically significant objects derived from archeological research conducted on state lands shall be utilized solely for scientific or public educational purposes and shall remain the property of the state. In addition, the State of Georgia urges that all archeological research conducted on privately owned land within the boundaries of the state be likewise undertaken solely by recognized scientific institutions or qualified individuals."
Section 2. Said chapter is further amended by striking Code Section 12-3-80, relating to submerged cultural resources, in its entirety and substituting in lieu thereof a new Code section to read as follows:
"12-3-80. As used in this part, the term 'submerged cultural resources' means all prehistoric and historic sites, ruins, artifacts, treasure, treasure-trove, and shipwrecks or vessels and their cargo or tackle which have remained on the bottom for more than 50 years, and similar sites and objects found in the Atlantic Ocean within the three-mile territorial limit of the state or within its navigable waters. Title Except for human remains and those burial objects, other than human remains currently on display at Etowah Mounds and Kolomoki Mounds as of March 1^ 1991, which shall remain in trust to the Department of Natural Resources subject to Article 4 of Chapter 21 of Title 31, title to, and the exclusive right to regulate the investigating, surveying, and recovery of, all such submerged cultural resources is declared to be in the State of Georgia; provided, however, that the Board of Natural Resources may determine and provide by rule that certain submerged cultural resources are of no cultural or economic value to the State of Georgia such that items or areas so designated are not subject to the provisions of this part, including any permit requirements of Code Section 12-3-82."
Section 3. Said chapter is further amended in Code Section 12-3-82, relating to permits for investigation or survey involving submerged cultural resources, by striking subsection (d) in its entirety and substituting in lieu thereof a new subsection to read as follows:

WEDNESDAY, MARCH 13, 1991

2439

"(d) A permit may be revoked by the department upon a determination by the department that the permit holder has violated this part or any term or condition of its permit. Any determination to revoke or deny a permit may be administratively and judicially reviewed in the manner provided in subsection {d} (e) of Code Section 12-3-52."
Section 4. Chapter 21 of Title 31 of the Official Code of Georgia Annotated, relating to dead bodies, is amended by striking Code Section 31-21-41 in its entirety and substituting in lieu thereof a new Code section to read as follows:
"31-21-41. Any person who shall sell or buy any dead human body or bodies or human remains as defined in Article 4 of this chapter or in any way traffic therein or transmit or convey; or procure the transmission or conveyance of any dead human body or bodies or human remains as defined in Article 4 of this chapter to any place outside of this state for purposes of sale or dissection; shall be punished by imprisonment and labor in the penitentiary for not less than one nor more than ten years; provided, however, that the board for the distribution and delivery of dead bodies shall be empowered to make payments to next of kin as burial benefits amounts not exceeding those payable from time to time by the Social Security Administration."
Section 5. Said chapter is further amended by striking Code Section 31-21-43, relating to removal of a dead body from a grave for purposes of sale or dissection, in its entirety and inserting in lieu thereof a new Code section to read as follows:
"31-21-43. Any person who shall remove a dead human body or human remains as defined in Article 4 of this chapter from any grave or other place of interment or from any vault, tomb, or sepulcher; or from any other place for the purpose of selling or dissecting the same and any person who shall receive or purchase any dead human body or human remains as defined in Article 4 of this chapter knowing it to have been so disinterred or removed for the purpose aforesaid shall be punished by imprisonment and labor in the penitentiary for not less than one nor more than ten years."
Section 6. Said chapter is further amended by striking Code Section 31-21-44, relating to wanton or malicious removal of a dead body from a grave or disturbance of the contents of a grave, in its entirety and inserting in lieu thereof a new Code section to read as follows:
"31-21-44. (a) It is unlawful for any person wantonly or maliciously to: (1) Remove the dead body of a human being or human remains as defined in Arti-
cle 4 of this chapter from any grave or other place of interment or from any vault, tomb, or sepulcher; or
(2) Otherwise disturb the contents of any grave or other place of interment or any vault, tomb, or sepulcher. (b) It is unlawful for any person to receive, retain, dispose of, or possess the dead body or any bodily part of a human being or human remains as defined in Article 4 of this chapter knowing it to have been removed unlawfully from any grave or other place of interment or any vault, tomb, or sepulcher. This subsection shall not apply to any person having duties imposed upon that person relating to the possession or disposition of dead bodies or human remains as defined in Article 4 of this chapter while in the performance of said duties, which persons shall include law enforcement personnel, coroners and medical examiners, operators of funeral establishments, cemetery operators, and medical and medical laboratory personnel the state archeologist, and members of the Indian Burials Consultation Committee. (c) Any person who violates any provision of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than five years, or by both such imprisonment and fine."
Section 7. Said chapter is further amended by adding, following Code Section 31-21-44, new Code sections to be numbered Code Sections 31-21-45 through 31-21-48, to read as follows:
"31-21-45. (a) After December 1, 1991, it shall be unlawful to exhibit or display to the public dead human bodies or human remains, except in connection with:

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(1) Funeral or burial services; or (2) Education or instruction of medical personnel as part of a course of study at an accredited university, college, or school. (b) Any agency or authority of the state or a political subdivision of the state and any public or private university, college, school, museum, or other entity which possesses or engages in the exhibit or display of human remains or burial objects of American Indians shall, upon written notice from the Indian Burials Consultation Committee, cease any display and facilitate the return of such human remains or burial objects, other than human remains currently on display at Etowah Mounds and Kolomoki Mounds as of March 1, 1991, which shall remain in trust to the Department of Natural Resources subject to Article 4 of this chapter, to said committee for proper reinterment. (c) A person who violates this Code section is guilty of a felony punishable by imprisonment for not less than one nor more than two years. 31-21-46. It shall be unlawful to commence or resume land-disturbing activity within 50 feet of any burial ground on the list identified by the Indian Burials Consultation Committee pursuant to Code Section 31-21-67 or to resume land-disturbing activity within 50 feet of human burials which are required to be reported pursuant to Code Section 31-21-77 without a permit issued pursuant to Code Section 31-21-73. It shall be unlawful to fail or refuse to comply with a permit issued pursuant to Code Section 31-21-73 or modified pursuant to Code Section 31-21-74. Violation of this Code section shall be a felony punishable by a fine of $5,000.00 or imprisonment of not less than one year nor more than five years, or both. 31-21-47. A person who knowingly fails or refuses to report the disturbance, destruction, defacing, mutilation, removal, excavation, or exposure of human remains pursuant to Code Section 31-21-77 shall be guilty of a misdemeanor punishable by a fine not to exceed $500.00 or imprisonment not to exceed six months, or both. 31-21-48. After December 1, 1991, it shall be unlawful for any person to buy, sell, trade, import, export, or display for profit any American Indian burial object with knowledge that the object is an American Indian burial object. A person who violates this Code section is guilty of a felony punishable by imprisonment for not less than one nor more than two years. This Code section shall not apply to actions taken in the lawful performance of official law enforcement duties."
Section 8. Said chapter is further amended by adding, immediately following Article 3, a new article to be designated as Article 4 and to read as follows:
"ARTICLE 4
31-21-60. (a) The care accorded the remains of deceased persons reflects respect and regard for human dignity as well as cultural, spiritual, and religious values. The General Assembly declares that human remains and those burial objects, other than human remains currently on display at Etowah Mounds and Kolomoki Mounds as of March 1, 1991, which shall remain in trust to the Department of Natural Resources subject to this article, are not property to be owned by the person or entity which owns the land or water where the human remains and burial objects are interred or discovered, but human remains and burial objects are a part of the finite, irreplaceable, and nonrenewable cultural heritage of the people of Georgia which should be protected. The General Assembly finds that there has been deliberate and disrespectful interference with human graves for profit and careless indifference when human remains have been accidentally disturbed, and that desecration has been especially prevalent in the case of burials of American Indians and other ancient or unmarked burial grounds.
(b) It is the intent of the General Assembly that the provisions of this article be construed to require respectful treatment of human remains in accord with the equal and innate dignity of every human being and consistent with the identifiable ethnic, cultural, and religious affiliation of the deceased individual as indicated by the method of burial or other historical evidence or reliable information.
31-21-61. As used in this article, the term: (1) 'American Indian' means a member of an Indian tribe or a person defined as
an Indian in subsection (c) of 25 U.S.C. Section 1603, as now or hereafter amended.

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(2) 'Artifacts' means all relics, specimens, or objects of a historical, prehistorical, archeological, or anthropological nature found above or below the surface of the earth or under water and which have scientific, historic, or spiritual value as objects of antiquity, aboriginal relics, or archeological specimens.
(3) 'Burial ground' means an area of land or water dedicated to and used, or intended to be used, for interment of human remains. The fact that the land or water was used for burial purposes shall be evidence that the land or water was set aside for burial purposes. For the purposes of this article, burial grounds do not include any cemetery required to be registered with the Secretary of State pursuant to Code Section 44-3-134, as now or hereafter amended.
(4) 'Burial object' means any item reasonably believed to have been intentionally placed with the human remains at the time of burial or interment, including but not limited to urns; whole or broken ceramic, metal, or glass vessels; chipped stone tools; ground stone tools; worked bone and shell items; clothing; medals; buttons; jewelry; firearms; edged weapons; and the caskets or containers for the human remains.
(5) 'Committee' means the Indian Burials Consultation Committee established by
Code Section 31-21-62. (6) 'Descendant' means a person or group of persons related to a deceased human
by blood, tribal affiliation, or adoption in accordance with Title 19 or adoption in
accordance with tribal law or custom. (7) 'Genealogist' means a person skilled in tracing or studying the descent of per-
sons or families.
(8) 'Human remains' means the bodies of deceased human beings and includes the bodies in any stage of decomposition and the cremated remains.
(9) 'Professional archeologist' means a person who has: (A) A postgraduate degree in archeology, anthropology, history, or a related field
with a specialization in archeology; and
(B) Demonstrated ability to design and execute an archeological study through actual successful experience and to present the written results and interpretations
of the study in a thorough, scientific, and timely manner. (10) 'Skeletal analyst' means a person who has:
(A) A postgraduate degree representing specialized training in skeletal biology,
forensic osteology, and other relevant aspects of physical anthropology; (B) At least one year's experience in conducting laboratory reconstructions and
analysis; and (C) Demonstrated the ability to design and execute a skeletal analysis and to
present the written results and interpretations of such analysis in a thorough, scien-
tific, and timely manner. (11) 'State archeologist' means the person occupying the position as defined in Code
Section 12-3-53. (12) 'Unmarked burial ground' means an area reasonably believed to be a burial
ground for human remains, either on the surface, underground, or underwater. Historical documentation and readily identifiable grave markers are not required for reason-
able belief that an area is a burial ground. 31-21-62. (a) There is created the Indian Burials Consultation Committee, which
shall consist of seven members to be appointed by the Governor. Three members of the committee shall be American Indians as defined in paragraph (1) of Code Section
31-21-61. Three members of the committee shall be persons of American Indian descent who are members of an indigenous Indian corporation. One member of the committee
shall be a person of non-American Indian descent. All members of the committee shall be residents of the State of Georgia. The Governor shall consult the Human Relations
Commission for recommendations before appointing members of the committee. (b) The committee is assigned to the Department of Archives and History under
Code Sections 45-13-42 and 45-13-43. 31-21-63. (a) The terms of appointment for members of the committee shall be as
follows:
(1) Of the committee members who are American Indians, one member shall be
appointed for an initial term of three years, one member shall be appointed for an

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initial term of two years, and one member shall be appointed for an initial term of one year. The Governor shall specify the length of the initial term of the committee members in their initial appointments;
(2) Of the committee members who are persons of American Indian descent, one member shall be appointed for an initial term of three years, one member shall be appointed for an initial term of two years, and one member shall be appointed for an initial term of one year. The Governor shall specify the length of the initial term of the committee members in their initial appointments;
(3) The committee member who is a person of non-American Indian descent shall be appointed for an initial term of two years; and
(4) Thereafter, all committee members shall be appointed for terms of three years. (b) The committee members may succeed themselves. 31-21-64. The committee members shall receive no salary but shall be reimbursed for actual expenses incurred in the performance of official duties from funds appropriated for that purpose. 31-21-65. Annually, the committee members shall elect a chairperson for a term of one year. The committee shall meet as frequently as needed to perform its duties, upon the call of the committee chairperson. Five committee members shall constitute a quorum to conduct business. The committee may delegate duties to one or more committee members or agents. 31-21-66. The committee shall have the following powers and duties:
(1) To advise the state archeologist, General Assembly, Human Relations Commission, state government, local political subdivisions, and state and local law enforcement agencies regarding policy matters relating to the remains of deceased American Indians, Indian burial grounds, and burial objects;
(2) To consult with the state archeologist, other professional archeologists, one or more skeletal analysts, one or more genealogists, and other persons with expertise needed to perform its duties;
(3) To review and identify the existence and location of Indian burial grounds and recommend plans for their preservation;
(4) To accept donations, grants, and subsidies of funds, property, or labor from any source available to aid in the preservation of Indian burial grounds and to accom-
plish the purposes of this article;
(5) To notify American Indian tribal governments and descendants of deceased American Indians interred in burial grounds which have been disturbed or which are subject to potential disturbance and to propose and facilitate appropriate disposition of the human remains and burial objects of American Indians;
(6) To enter the lands and waters of the state, with the permission of the owner or lessor of privately owned land, for the purpose of inspecting burial grounds, human remains, or burial objects;
(7) To supervise the reinterment of human remains and burial objects determined to be those of American Indians, when necessary; and
(8) To do all things necessary and proper to accomplish the purposes of this article.
31-21-67. The committee shall help identify the location of marked and unmarked burial grounds of American Indians, which identification shall be available to tribal governments, state agencies, political subdivisions, and law enforcement agencies. In preparing the identification, the committee may confer with local and regional organizations of American Indians, indigenous Indian corporations, professional archeologists, colleges and universities, and other reliable sources of information. The identification may include a list of burial grounds of persons whose ethnic identity is uncertain and an identification of burial grounds of persons other than American Indians to be prepared by the state archeologist. The identification may include a notice of penalties provided in Article 3 of this chapter. The identification may be amended as necessary.
31-21-68. Any person, corporation, agency of the state, authority of the state, political subdivision of the state, or any other entity shall obtain a permit pursuant to this article before commencing any activity which might disturb or adversely affect a part

WEDNESDAY, MARCH 13, 1991

2443

of any burial grounds listed in the identification issued pursuant to Code Section 31-21-67 or any other burial place of human remains known as such to the person, corporation, agency of the state, authority of the state, political subdivision of the state, or other entity.
31-21-69. Applications for permits to disturb or adversely affect known burial grounds or burial grounds listed in the identification required by Code Section 31-21-67 shall be directed as follows:
(1) For locations listed as or reasonably believed to be burial grounds for American Indians, applications for permits shall be made to the committee, and notice of the application shall be given to the state archeologist;
(2) For locations listed as or reasonably believed to be burial grounds for persons other than American Indians, applications for permits shall be made to the governing authority of the municipal corporation or county where the burial ground is located, and notice of the application shall be given to the state archeologist;
(3) For locations listed as or reasonably believed to be burial grounds for persons whose ethnic identity is uncertain, notice shall be given to the state archeologist, who shall determine whether the human remains are those of American Indians. If the
human remains are not those of American Indians, paragraph (2) of this Code section shall apply. If the human remains are those of American Indians, paragraph (1) of this
Code section shall apply; and (4) If the state archeologist has reason to believe that the burial ground encom-
passes both American Indians and persons who were not American Indians, the provisions of paragraph (1) and the provisions of paragraph (2) shall apply. 31-21-70. Application for a permit shall include, at a minimum, the following infor-
mation: (1) Evidence of ownership of the land; (2) A survey prepared by a registered surveyor showing the location and bounda-
ries of the burial ground; (3) A plan for identifying and notifying the descendants of the deceased persons;
and
(4) A proposal for mitigation of the effects of the planned activity on the burial ground. If the proposal includes relocation of the human remains and burial objects,
the proposal shall specify the location for reinterment, the approximate cost of reinterment, and the approximate number of graves affected by the reinterment.
31-21-71. The applicant shall implement its plan for identifying and locating descendants no later than the date the application is submitted to the committee or the
governing authority. The committee or the governing authority shall review the applicant's plan for identifying and notifying the descendants of the deceased persons and
may require as a condition for issuing a permit that the applicant implement additional reasonable attempts to identify and locate descendants. Notice to possible descendants shall include information on how to contact the committee or the governing authority
and a summary of the rights of descendants under this article. Whenever the committee has received an application for a permit, the committee shall notify the Indian tribal
governments or representatives as defined by this article who have previously filed with the committee a written request to be notified regarding permit applications. The com-
mittee or the governing authority shall promptly inform any descendant who indicates an interest in the disposition of the human remains and burial objects regarding any
proposals for mitigation, the terms of any permit issued, arbitration procedures and events, and appeal procedures and events.
31-21-72. Within 15 days of receiving an application for a permit, the committee or
the governing authority may propose one or more measures to mitigate the proposed activity's adverse effects on the burial ground, including but not limited to relocation of the proposed project, reservation of the burial ground as an undeveloped area within
the proposed development or use of land, and respectful reinterment of the human remains. The committee or governing authority may adopt the applicant's proposal for mitigation.
31-21-73. Within 30 days of receiving the application, the committee or governing authority shall issue one of the following permits: (1) a permit to disinter the human

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remains or (2) a permit for activity limited by a plan to mitigate the disturbance and adverse effect on the burial ground. In determining whether it is possible to preserve the burial ground at the current location, the committee or governing authority may consult with descendants of the deceased persons, tribal governments, and other interested parties and may consider the economic cost of proposals for mitigation. The committee or governing authority shall not issue a permit for disinterment unless it has reviewed the plans of the applicant for the proper reinterment of the remains and believes that the plans of the applicant are adequate to ensure proper reinterment and that proper reinterment will be accomplished.
31-21-74. Any person dissatisfied by the permit issued by the committee or governing authority may request arbitration within five days of the issuance of the permit. The request for arbitration shall be in writing and shall name one arbitrator. The committee or governing authority shall promptly provide a copy of the request for arbitration to the landowner, tribal governments, descendants, and other interested parties. The committee or governing authority shall choose the second arbitrator; and the two arbitrators thus chosen shall choose a third arbitrator. In the event that more than one person requests arbitration, the first arbitrator shall be the arbitrator chosen by the person whose written request for arbitration is the earliest received by the committee or governing authority. After the third arbitrator is chosen, the three arbitrators shall determine whether additional arbitrators are necessary to represent adequately the interests of other parties. The arbitrators may confirm or modify the permit issued by the committee or governing authority and shall issue their award within 30 days of the earliest written request for arbitration. The decision of the arbitrators is subject to judicial review in the same manner as contested cases are judicially reviewed under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The petition for review may be filed in the superior court of the county in which the burial ground is located in addition to the superior courts enumerated in Code Section 50-13-19.
31-21-75. The landowner may begin or resume land-disturbing activity which complies with the permit issued by the committee or governing authority upon issuance of a permit but shall cease activity within 50 feet of the burial ground upon notice of a request for arbitration. The landowner may begin or resume land-disturbing activity which complies with the permit as confirmed or modified by the arbitrators upon issuance of the decision of the arbitrators. Upon notice to the landowner of an appeal of the arbitrators' decision, the landowner may begin or resume land-disturbing activity which complies with the permit as confirmed or modified by the arbitrators only upon consent of the committee or governing authority and the party seeking judicial review or upon order of the reviewing court for good cause shown.
31-21-76. The committee, governing authority, or local law enforcement agency shall inspect as necessary to determine whether the applicant has complied with the provisions of this article requiring cessation or limitation of activity and with the terms of the permit as issued by the committee or governing authority or as modified by the arbitrators or reviewing court.
31-21-77. Any person who knows or has reason to believe that interred human remains are being disturbed, destroyed, defaced, mutilated, removed, excavated, or exposed and any person who accidentally or inadvertently discovers or exposes human remains shall immediately notify the local law enforcement agency with jurisdiction in the area where the human remains are located. All land-disturbing activity within 50 feet of the human remains and all activity likely to further disturb the human remains shall cease until either (1) a permit is granted by the committee or governing authority or (2) the county coroner or medical examiner, after determining that investigation of the death is required, has completed forensic examination of the site.
31-21-78. Any law enforcement agency notified of the discovery or disturbance, destruction, defacing, mutilation, removal, excavation, or exposure of interred human remains shall report to the Indian Burials Consultation Committee, coroner, or medical examiner of the county where the human remains are located, who shall determine whether investigation of the death is required under Code Section 45-16-24, as now or hereafter amended.

WEDNESDAY, MARCH 13, 1991

2445

31-21-79. Upon notification to the Indian Burials Consultation Committee and the governing authority of the discovery or disturbance, destruction, defacing, mutilation, removal, excavation, or exposure of human remains, the provisions of Code Sections 31-21-70 through 31-21-76 shall apply, except that the landowner shall make application for a permit within 48 hours of notice to the committee or governing authority, the committee's or governing authority's proposal for mitigation shall be made within 72 hours, and the committee or governing authority shall issue the permit described in Code Section 31-21-73 within 15 days. The time periods specified in this Code section may be extended by agreement between the landowner and the committee or governing authority.
31-21-80. When land-disturbing activities of an agency, authority, or political subdivision of the state adversely affect a burial ground, such agency, authority, or political subdivision shall bear the cost of mitigating the harm to the burial ground or reinterring the human remains as a part of the cost of the project and is authorized to expend public funds for such purpose. When land-disturbing activities of a private person, corporation, or other private entity adversely affect a burial ground, such person, corporation, or other entity shall bear the cost of mitigating the harm to the burial ground or reinterring the human remains. The cost of mitigating the harm to the burial ground or reinterring the human remains exposed through vandalism by an unidentified vandal or through erosion shall be borne by the county in which the burial ground is located.
31-21-81. All repositories charged with the temporary or permanent custody of human remains or burial objects shall maintain them with appropriate dignity, respect, and consideration for the applicable spiritual or religious traditions relating to the remains or objects. When human remains or burial objects are returned to descendants or affiliated groups, the descendants or groups shall accept and undertake responsibility for the protection of the human remains and burial objects.
31-21-82. Apart from any criminal prosecution, an American Indian tribe, indigenous Indian corporation, or enrolled member of such tribe or corporation shall have a civil action to secure an injunction, damages, or other appropriate relief against any person who is alleged to have violated in relation to the human remains or burial objects of American Indians any provisions of Code Section 31-21-41 and Code Sections 31-21-43 through 31-2-47. The statute of limitations for this action shall be two years from the discovery of the alleged violation by the plaintiff. The venue for the action shall be the superior court of the county in which the burial ground, human remains, or burial objects are located or in the superior court of the county where the defendant resides.
31-21-83. A criminal conviction for violation of any Code section listed in Code Section 31-21-82 shall be admissible evidence in an action filed under Code Section 31-21-82 and shall constitute prima-facie evidence of the elements of such a violation.
31-21-84. If the plaintiff in an action filed under Code Section 31-2-82 prevails, the plaintiff may recover the following relief:
(1) Injunctive or such other equitable relief as is appropriate, including forfeiture of any human remains or burial goods acquired as a result of the violation. The court shall order the disposition of the forfeited human remains or burial goods in accordance with the request of the descendants or Indian tribe and may order the defendant to pay the cost of such disposition;
(2) Imputed damages of $1,000.00 or actual damages, whichever is greater; and (3) Reasonable attorney's fees. 31-21-85. If the defendant prevails in an action filed under Code Section 31-21-82, the court may award reasonable attorney's fees to the defendant."
Section 9. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by repealing Code Section 36-60-6, which reads as follows:
"36-60-6. (a) No known burial place of any human remains shall be knowingly disturbed by the owner or owners of the land for the purposes of developing or changing the use of any land unless a permit is first obtained from the governing authority of the municipal corporation or county wherein the burial place is located or from the superior court of the county where the burial place is located. The governing authority or superior court shall not issue a permit unless it first reviews the plans of the applicant for

2446

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the permit for the proper reinterment of the remains in order to determine that suitable arrangements for reinterment have been made and that proper reinterment will be accomplished. If the governing authority or superior court does not believe that the plans are adequate to ensure proper reinterment, no permit shall be issued.
(b) Any person who knowingly fails to comply with subsection (a) of this Code section shall be guilty of a misdemeanor and shall pay a fine of $1,000.00 per grave disturbed.", renumbering Code Section 36-60-6.1 as Code Section 36-60-6, and amending said Code section to read as follows:
"36'60-6.1. 36-60-6. (a) As used in this Code section, the term 'preserve and protect' means to keep safe from destruction, peril, or other adversity and may include the placement of signs, markers, fencing, or other such appropriate features so as to identify the site as a cemetery or burial ground and so as to aid in the preservation and protection of such abandoned cemetery or burial ground.
(b) Counties or municipalities are authorized to preserve and protect any cemetery or burial ground which the county or municipality determines has been abandoned or is not being maintained and to expend public money in connection therewith.
(c) In preserving and protecting cemeteries or burial grounds which include remains of American Indians, counties and municipalities shall, when feasible, follow the recommendations of the Indian Burials Consultation Committee established by Code Section 31-21-62."
Section 10. (a) Except for the provisions listed in subsection (b) of this section, this Act shall become effective July 1, 1991.
(b) The following provisions shall become effective December 1, 1991: (1) Code Section 31-21-45, as enacted by Section 6 of this Act; and (2) Code Section 31-21-80, as enacted by Section 7 of this Act.
Section 11. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted1

Representative Dover of the llth moves to amend the Committee substitute to SB 236 by adding on line 22 of page 14 after the word and symbol "information." and before the word "The" the following:
"The initial identification compiled by the committee pursuant to this Code section shall be completed not later than October 1, 1991."
By striking line 6 of page 15 and inserting in lieu thereof the following:
"entity; provided, however, an application for a permit prior to commencing any activity which might disturb or adversely affect a burial ground to be identified pursuant to Code Section 31-21-67, unless the burial ground is known to the applicant, shall not be required until the initial identification of such burial grounds has been completed by the committee."
By adding on line 8 of page 16 after the word "surveyor" and before the word "showing" the following:
"or diagram".
By adding on line 16 of page 17 after the word and symbol "land," and before the word "and" the following:
"preservation of the burial ground by allowing the flooding of water over the area without disinterment of the human remains,".
By striking on lines 24 and 25 of page 21 the following:
"is alleged to have violated",

WEDNESDAY, MARCH 13, 1991

2447

and inserting in lieu thereof the following: "violates". By striking the word "alleged" from line 30 of page 21.

The Committee substitute, as amended, was adopted.

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, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Abernathy N Adams Y Aiken
Alford N Atkins Y Baker Y Balkcom NBarfoot
Bargeron Y Barnett.B N Barnett.M N Bates Y Beatty Y Benefield N Birdsong YBlitch Y Bordeaux N Bostick Y Branch Y Breedlove Y Brooks N Brown N Brush
Buck N Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Chafm Y Chambless N Cheeks Y Childers N Clark.E N Clark,H

Y Clark,L N Coker
Coleman Colwell Y Connell
Y Culbreth Y Cummings.B
Cummings,M Y Davis,G N Davis.M N Diion,H Y Diion,S YDobbs Y Dover N Dunn Y Edwards Y Elliott Y Felton Y Fennel N Floyd,J.M Y Floyd,J.W NFlynt
Godbee Golden Y Goodwin Y Green Y Greene N Griffin Y Groover Hamilton Y Hammond Y Manner Y Harris.B Harris,J Heard Y Henson

Herbert Y Hightower Y Holland Y Holmes N Howard Y Hudson
Ylrwin Y Jackson N Jamieson
Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein NLadd YLane,D NLane.R NLangfora N Lawrence N Lawson YLee YLong YLord
Y Lucas Lupton
NMann Y Martin YMcCoy Y McKelvey
McKinney.B Y McKinney.C N Meadows N Merritt
Milam Y Mills

Y Mobley Y Moody N Morsberger
Moultrie N Mueller N Oliver.C Y Oliver,M YOrr YOrrock N Padgett
Parham Parrish Y Patten E Pelote N Perry Y Pettit N Pinholster Y Pinkston YPoag Porter Y Poston Powell.A Y Powell,C N Purcell YRandall
NRay N Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill N Simpson Y Sinkfield Y Skipper N Smith.L

Y Smith.P Y Smith.T N Smith,W Y Smyre YSnow N Stancil.F
Stancil.S Y Stanley N Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond N Titus Y Tolbert
Townsend Y Turnquest
Twiggs Y Valenti N Vaughan Y Walker,J
Walker.L Y Wall
Ware Y Watson Y Watts Y White N Wilder Y Williams.B
Williams,J N Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 104, nays 48.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

The Speaker Pro Tern assumed the Chair.

SB 335. By Senators Walker of the 22nd and Albert of the 23rd:
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 the transfer of probation and intake services and probation and intake employees to the Department of Human Resources; to provide for definitions; to provide for salary schedules and personnel policies; to provide for transfer approvals; to provide an effective date.

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JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot
Bargeron Y Barnett,B
Y Barnett.M Bates
Y Beatty Y Benefield
Birdsong Y Blitch
Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown
Brush Buck Y Buckner
YByrd Campbell
Y Canty Y Carrell
Y Carter Y Chafm Y Chambless
Cheeks Y Childers Y Clark,E Y Clark,H

Y Clark.L Y Coker Y Coleman
Colwell Connell Culbreth Y Cummings.B Cummings,M Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S YDobbs Y Dover
Y Dunn Y Edwards Y Elliott
Felton Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt YGodbee Golden Y Goodwin
Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Hanner Y Harris,B
Harris,J Y Heard
Henson

Herbert Y Hightower Y Holland
Holmes Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins
Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas
Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Merritt
Milam Y Mills

Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Y Oliver.C Oliver.M
YOrr Y Orrock Y Padgett Y Parham Y Parrish
Y Patten E Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter
Poston Y Powell,A Y Powell.C Y Purcell Y Randall
YRay Y Reaves
Redding Y Ricketson Y Royal
Selman Y Sherrill Y Simpson Y Sinkfield
Skipper Y Smith.L

Smith,P Y Smith.T Y Smith, W Y Smyre YSnow
Y Stancil,F Y Stancil,S Y Stanley Y Stephens
Y Streat Taylor
Y Teper Y Thomas,C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert
Townsend Turnquest Twiggs Y Valenti Y Vaughan Y Walker,J Walker.L Y Wall Ware Y Watson Y Watts Y White Y Wilder Y Williams,B Williams,J Y Williams,R Y Yeargin Murphy.Spkr

On the passage of the Bill, the ayes were 142, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Due to mechanical malfunction, the vote of Representative Cheeks of the 89th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HR 441. By Representatives Thomas of the 69th, Simpson of the 70th and Kilgore of the 42nd:
A resolution creating the Joint Capital Outlay 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, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron

Barnett.B Y Barnett.M
Y Bates Y Beatty Y Benefield
Birdsong Y Blitch
Bordeaux
Y Bostick

Y Branch Y Breedlove
Y Brooks Y Brown
Brush
YBuck Buckner
YByrd Campbell

Y Canty Y Carrell Y Carter Y Chafm
Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark.H

Y Clark,L Y Coker Y Coleman
Colwell Connelt Y Culbreth Y Cummings.B Cummings.M Davis.G

WEDNESDAY, MARCH 13, 1991

2449

YDavis,M Y Don,H Y Dixon,S
Dobbs Y Dover YDunn Y Edwards Y Elliott Y Felton
Fennel Y Floyd,J.M YFloyd,J.W Y Flynt YGodbee
Golden YGoodwin Y Green YGreene Y Griffin Y Groover Y Hamilton Y Hammond
Manner Y Harris,B Y Harris^J Y Heard Y Henson

Y Herbert Y Hightower Y Holland
Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones YKilgore Y King Y Kingston Y Klein Y Ladd Y Lane,D Y Lane.R Y Langford Y Lawrence Y Lawson Y Lee Y Long Y Lord Y Lucas
Lupton Y Mann

Y Martin McCoy
Y McKelvey McKinney,B McKinney.C
Y Meadows Y Merritt
Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C 01iver,M Y Orr Y Orrock Y Padgett Y Parham Y Parrish Y Patten E Pelote Y Perry Y Pettit Y Pinholster Y Pinkston

Y Poag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell Y Randall Y Ray Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L
Smith,P Y Smith.T Y Smith,W Y Smyre Y Snow Y Stancil.F Y Stancil,S Y Stanley Y Stephens

Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas ,M Y Thomas.N
Thurmond Y Titus Y Tolbert
Townsend Y Turnquest
Twiggs Y Valenti Y Vaughan Y Walker,J
Walker.L Y Wall Y Ware Y Watson Y Watts
White Y Wilder Y WilliamsJB
Williams,J Y Williams.R Y Yeargin
Murphy.Spkr

On the adoption of the Resolution, the ayes were 148, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

SB 58. By Senator Ramsey of the 54th:
A bill to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to define the offenses of feticide by vehicle in the first degree and feticide by vehicle in the second degree; to provide penalties.

The following Committee substitute was read:

A BILL
To amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to define the offenses of feticide by vehicle in the first degree and feticide by vehicle in the second degree; to provide penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, is amended by adding between Code Sections 40-6-393 and 40-6-394 a new Code Section 40-6-393.1 to read as follows:
"40-6-393.1. (a) (1) A person commits the offense of feticide by vehicle in the first degree if he causes the death of an unborn child so far developed as to be ordinarily called 'quick' by any injury to the mother of such child through the violation of Code Section 40-6-390 or 40-6-391, which would be homicide by vehicle in the first degree as provided in subsection (a) or (c) of Code Section 40-6-393 if it resulted in the death of such mother.
(2) A person convicted of the offense of feticide by vehicle in the first degree shall be punished by imprisonment for not less than two years nor more than 15 years, (b) (1) A person commits the offense of feticide by vehicle in the second degree if he causes the death of an unborn child so far developed as to be ordinarily called 'quick' by any injury to the mother of such child by violating any provision of this

2450

JOURNAL OF THE HOUSE,

title other than Code Section 40-6-390 or 40-6-391, which would be homicide by vehicle in the second degree as provided in subsection (b) of Code Section 40-6-393 if it resulted in the death of such mother.
(2) A person convicted of the offense of feticide by vehicle in the second degree shall be punished as provided in Code Section 17-10-3."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The Speaker Pro Tern ruled that an amendment offered by Representative Stephens of the 68th was not germane to SB 58.
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, by substitute, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken
Alford Y Atkins Y Baker Y Balkcom
Y Barfoot Y Bargeron Y Barnett,B
Y Barnett,M Y Bates
Y Beatty Benefield
Birdsong Y Blitch Y Bordeaux
Bostick Y Branch Y Breedlove Y Brooks
Brown Y Brush YBuck Y Buckner YByrd Y Campbell
Canty Y Carrell Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E
Y Clark,H

Y Clark.L
Y Coker Y Coleman
Colwell
Connell Y Culbreth Y Cummings.B
Cummings,M Davis.G Y Davis,M Y Dixon.H Y Dixon.S YDobbs Y Dover Y Dunn Edwards
Y Elliott Y Felton Y Fennel
Floyd,J.M Y Floyd,J.W YFlynt YGodbee Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Hanner Y Harris,B Y Harris,J
Y Heard Y Henson

Y Herbert Y Hightower Y Holland
Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson
Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D
Y Lane,R Y Langford Y Lawrence
Y Lawson YLee YLong YLord Y Lucas
Lupton YMann Y Martin YMcCoy Y McKelvey
McKinney,B McKinney,C Y Meadows Y Merritt Milam Y Mills

Y Mobley
Y Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C Y 01iver,M
YOrr Y Orrock
Y Padgett YParham Y Parrish Y Patten E Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell Y Randall
YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield
Skipper Y Smith.L

Y Smith.P Y Smith.T Y Smith.W Y Smyre NSnow Y Stancil.F Y Stancil.S Y Stanley Y Stephens
Y Streat Y Taylor
Y Teper Y Thomas.C Y Thomas.M Y Thomas,N Y Thurmond Y Titus Y Tolbert
Townsend Y Turnquest
Twiggs Y Valenti Y Vaughan Y Walker,J
Walker,L Y Wall
YWare Watson
Y Watts White
Y Wilder Williams.B Williams,J
Y Williams.R Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 147, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

WEDNESDAY, MARCH 13, 1991

2451

HB 283. By Representatives Dover of the llth, Godbee of the 110th, Royal of the 144th, Harris of the 84th, Barnett of the 10th and others:
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 current use valuation and taxation of bona fide conservation use property and bona fide residential transitional property; to provide for the ad valorem taxation of timber.

Representative Dover of the llth moved that the House insist on its position in disagreeing to the Senate substitute to HB 283 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker Pro Tern appointed as a Committee of Conference on the part of the House the following members:
Representatives Dover of the llth, Godbee of the 110th and Royal of the 144th.

Representative Lane of the 27th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1065 Do Pass
Respectfully submitted, /s/ Lane of the 27th
Chairman

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House:

HB 540. By Representatives Martin of the 26th and Randall of the 101st:
A bill to amend Chapter 5 of Title 53 of the Official Code of Georgia Annotated, relating to year's support, so as to change the provisions relating to what may be considered in determining the amount to be set apart as year's support.

The Senate has adopted, by substitute, by the requisite constitutional majority the following Resolution of the House:

HR 74. By Representatives Childers of the 15th, McKelvey of the 15th and Smith of the 16th:
A resolution authorizing the conveyance of certain state owned real property located in Floyd County, Georgia.

2452

JOURNAL OF THE HOUSE,

The Senate insists on its substitute to the following Bill of the House:

HB 361. By Representative Barnett of the 10th: A bill to create the Cumming-Forsyth County Unification Commission.

The Senate has disagreed to the House substitute to the following Bill of the Senate:

SB 102. By Senators Dawkins of the 45th, Taylor of the 12th, Robinson of the 16th and others:
A bill to amend Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to general matters relating to the Environmental Protection Division of the Department of Natural Resources, so as to provide for the appointment and removal of the director of such division; to create an Environmental Advisory Council; to provide for the composition of such council.

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

SR 317. By Senators Deal of the 49th and Garner of the 30th: A resolution relative to adjournment.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 361. By Representative Barnett of the 10th: A bill to create the Cumming-Forsyth County Unification Commission.

Representative Barnett of the 10th moved that the House insist on its position in disagreeing to the Senate substitute to HB 361 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker Pro Tern appointed as a Committee of Conference on the part of the House the following members:
Representatives Barnett of the 10th, Parham of the 105th and Birdsong of the 104th.

The following Resolution of the House was read and adopted:

HR 568.

By Representative Green of the 106th:
A resolution commending the Gatewood School Lady Gators basketball team on winning the Georgia Independent School Association Class AA State Championship.

Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:

WEDNESDAY, MARCH 13, 1991

2453

SB 53. By Senator Phillips of the 9th:
A bill to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to the carrying and possession of firearms, so as to change certain provisions relating to the exemption of peace officers from certain prohibitions regarding the carrying of certain weapons and firearms; to provide for a statutory cross-reference; to provide an effective date.

Representative Streat of the 139th moved that SB 53 be placed upon the table. On the motion, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams N Aiken
Alford N Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett,B
N Barnett.M Y Bates N Beatty
Benefield Birdsong Y Blitch Y Bordeaux Bostick Branch Breedlove Y Brooks Y Brown Brush YBuck Y Buckner YByrd Y CampbeU Y Canty Y Carrell Y Carter Chafin Chambless
Y Cheeks N Childers
Y Clark,E N Clark.H

Y Clark.L
N Coker Y Coleman
Colwell Connell Y Culbreth Y Cummings,B Y Cummings,M Y Davis.G N Davis.M Dixon.H Y Dixon,S
Dobbs Y Dover Y Dunn Y Edwards N Elliott Y Felton
Fennel Y Floyd,J.M Y Floyd,J.W YFlynt Y Godbee Y Golden Y Goodwin Y Green Y Greene N Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris,J N Heard
Henson

N Herbert Y Hightower Y Holland Y Holmes
Howard N Hudson Ylrwin
Jackson Jamieson Y Jenkins Y Jones
Y Kilgore YKing N Kingston N Klein
NLadd Lane.D
Y Lane.R Y Langford N Lawrence
Lawson
Lee NLong YLord Y Lucas
Lupton NMann Y Martin
N McCoy Y McKelvey Y McKinney.B Y McKinney.C
Y Meadows Y Merritt Y Milam Y Mills

Y Mobley
Moody Y Morsberger
N Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr Y Orrock
N Padgett YParham Y Parrish N Patten
E Pelote Y Perry Y Pettit N Pinholster Y Pinkston
NPoag Porter
Y Poston N Powell,A
Powell.C Y Purcell
Y Randall YRay N Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith,L

N Smith,? Y Smith.T Y Smith.W YSmyre
Snow Y Stancil,F Y Stancil,S
Stanley Y Stephens Y Streat Y Taylor
Teper Y Thomas.C Y Thomas,M Y Thomas.N
Thurmond N Titus N Tolbert
Townsend Y Turnquest
Twiggs Y Valenti Y Vaughan Y Walker,J
Walker.L Y Wall N Ware N Watson N Watts Y White Y Wilder N Williams,B
Williams,J N Williams,R
Yeargin Murphy ,Spkr

On the motion, the ayes were 108, nays 35. The motion prevailed.

Representative Reaves of the 147th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

SB 41. By Senator Egan of the 40th:
A bill to amend Article 1 of Chapter 3 of Title 53 of the Official Code of Georgia Annotated, relating to probate of domestic wills, so as to provide that a will lost during the testator's lifetime may be probated in the same manner as a copy of a will which has been lost or destroyed subsequent to the death of the testator is allowed to be probated; to provide for related matters; to provide an effective date.

The following Committee substitute was read:

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A BILL
To amend Article 1 of Chapter 3 of Title 53 of the Official Code of Georgia Annotated, relating to probate of domestic wills, so as to provide that a will lost during the testator's lifetime may be probated in the same manner as a copy of a will which has been lost or destroyed subsequent to the death of the testator is allowed to be probated; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 3 of Title 53 of the Official Code of Georgia Annotated, relating to probate of domestic wills, is amended by striking Code Section 53-3-6, relating to procedure when a will is destroyed without the consent of the testator, in its entirety and inserting in lieu thereof a new Code Section 53-3-6 to read as follows:
"53-3-6. M If a will is destroyed : (1) Lost during the testator's lifetime; (2) Destroyed without the consent of the testator er is test during the testator's
lifetime; or (3) Lost or destroyed subsequent to the death of the testator,
a copy of the will, clearly proved to be such by the subscribing witnesses and other evidence, may be admitted to probate and record in lieu of the original.
(b) In every such case described in subsection (a) of this Code section, the presumption is that the will was revoked by the testator, and that presumption must be rebutted by clear and convincing proof."
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.

The following amendments were read and adopted:

Representatives Hammond of the 20th, Martin of the 26th and Pinkston of the 100th move to amend the Committee substitute to SB 41 by striking lines 1 through 3 of page 1 and inserting in their places the following:
"To amend Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and administration, so as to make changes and clarifications regarding certain provisions relating to wills and administration of estates; to clarify when certain guardians ad litem are required to be appointed regarding the probate of wills in solemn form and clarify tthhee"effect and requirements of service upon guardians; to provide that a will lost during

By striking lines 7 and 8 of page 1 and inserting in their places the following:
"change certain rules for granting letters of administration when there is no will and when there is a will annexed and the publication and service requirements relating thereto; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes."
By striking lines 10 through 12 of page 1 and inserting in their places the following:
"Section 1. Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and administration, is amended by striking subsection (f) of Code Section 53-3-14, relating to serving notice of petition for probate in solemn form, and inserting in its place a new subsection to read as follows:
'(f) Minors, insane persons, deaf and mute persons, when incapable of managing their estates, habitual drunkards, and persons who are incompetent due to senility, old

WEDNESDAY, MARCH 13, 1991

2455

age, or other cause and who are incapable of managing their estates shall be served as provided by elsewhere in this Code section. fee After such service, the probate court shall appoint a guardian ad litem for any such person who does not have a guardian qualified under the laws of this state. The guardian ad litem shall be responsible to such person for his conduct in connection with the probate of the will in solemn form in the same manner as if he were a regularly qualified guardian. A copy of the petition for probate in solemn form, citation, and order for publication citation shall be served upon the guardian or guardian ad litem and seh service shaH be equivalent te personal ser-
V1CC OR ftHy SUCIl person && lr n WCfC 9tit JVW 18 ftHQ ft F991Q6HI Or Uli9 StfttC.
Section 2. Said Title is further amended by striking Code section"
By adding between lines 4 and 5 of page 2 the following:
"Section 3. Said title is further amended by striking Code Section 53-6-24, relating to granting letters of administration generally, and inserting in its place a new Code section to read as follows:
'53-6-24. (a) In the granting of letters of administration of any kind, except the kind described in subsection (b) of this Code section, the following rules shall be observed, the applicant being required in all cases to be of sound mind and to be laboring under no disability:
(1) The surviving spouse, irrespective of age, shall be first entitled, unless an action for divorce or separate maintenance was pending between the deceased and the surviving spouse at the time of the death;
(2) The next of kin, at the time of the death, according to the law declaring relationship and distribution, shall be next entitled! but; if- the party died testate, the person most beneficially interested trader the wiH shall have th preference. Rclatiens fey consanguinity shall be preferred te those by affinity;
(3) If there are several of the next of kin equally near in degree, the person selected in writing by a majority in interest of those interested as distributees of the estate, who are capable of expressing a choice, shall be appointed;
(4) If no such preference is expressed, the judge of the probate court may exercise his discretion in selecting the one best qualified for the office;
(5) Where no application is made by the next of kin, a creditor may be appointed; and among creditors, as a general rule, the one having the greatest interest shall be preferred;
(6) The persons entitled to serve or select among themselves under the above rules an estate may select a disinterested person as administrator and, if otherwise qualified, he shall be appointed;
(7) The person entitled to administration may desire another person to be associated with him in the administration and in such a case, if otherwise qualified, such person may be appointed;
(8) No person who is neither of kin to the intestate, nor a creditor, nor otherwise interested in the grant of administration, except as provided in this Code section, shall be appointed administrator;
(9) As a general rule, to cover all cases not specially provided for, the person having the right to the estate shall be appointed administrator; and
(10) Temporary letters of administration, pending the litigation over the probate of a will, should generally be granted to the nominated executor; ad .

uine xcci (b) (1) In the granting of letters of administration with will annexed, a majority in interest of the beneficiaries who are capable of expressing a choice shall be entitled to name an administrator with will annexed.
(2) In the event a majority in interest of the beneficiaries who are capable of expressing a choice do not agree upon an administrator with will annexed pursuant to paragraph (1) of this subsection, a majority in number of the beneficiaries who

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are capable of expressing a choice shall be entitled to name an administrator with will annexed.
(3) In the event neither a majority in interest nor a majority in number of the beneficiaries agree upon an administrator with will annexed pursuant to paragraph {!) or (1 of this subsection, any person interested in the administration of the estate may petition to be named or have another named as administrator with will annexed and the court may exercise its discretion in selecting the person best qualified to be such administrator.
(4) For purposes of this subsection a beneficiary who is capable of expressing a choice is one:
(A) Who has a present interest, including but not limited to a vested remainder interest but not including trust beneficiaries where there is a trustee;
(B) Whose identity and whereabouts are known or may be determined by reasonable diligence; and
(C) Whose choice is expressed by: (i) That beneficiary, if sui juris; (ii) That beneficiary's duly acting guardian of the property, if any, or if
none, the guardian of the person, if any, or if none, the person having custody of the beneficiary if the beneficiary is not sui juris;
(iii) The trustee of a trust created by the will; or (iv) The executor or administrator of the estate of a deceased beneficiary receiving a present interest under the will.'" Section 4. Said title is further amended by striking Code Section 53-6-29, relating to administration with the will annexed, and inserting in its place a new Code section to read as follows: "53-6-29. (a) Administration with the will annexed is granted when the decedent died testate but no executor is nominated ef , none appears to qualify and execute the willj or when an executor, after qualification, ceases to serve for any reason and no successor executor can be appointed. If the executor appointed is disqualified for being under the age of majority, the letters may be granted until the disability ceases. (b) If an administrator with the will annexed is named by all of the beneficiaries under a will who are capable of expressing a choicej as authorized defined by paragraph 4Hr) (4) of subsection (b) of Code Section 53-6-24, then no publication issuance or service of citation shall be required and letters may issue without further delay. If all of such beneficiaries do not agree upon the person selected to serve as administrator with will annexed in the application before the court, citation shall be published and those beneficiaries who do not agree shall be served by first-class mail with a copy of the application, order for citation, and citation if their whereabouts are known or may be determined by reasonable diligence."
By striking lines 5 through 9 of page 2 and inserting in their places the following:
"Section 5. Sections 1, 3, and 4 of this Act shall become effective July 1..1991. The remaining provisions of this Act shall become effective upon approval of this Act 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."
Representatives Pinkston of the 100th, Martin of the 26th, Randall of the 101st and Groover of the 99th move to amend the Committee substitute to SB 41 by adding on line 7 of page 1 after the word and symbol "matters;" and before the word "to" the following:
"to amend Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, so as to provide for the powers of clerks of probate courts in certain counties with respect to uncontested cases;".
By adding between lines 9 and 10 of page 1 a new Section 0.5 to read as follows:
"Section 0.5. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking paragraph (3) of subsection (c) of Code Section 15-9-36, relating

WEDNESDAY, MARCH 13, 1991

2457

to clerks of the probate courts and powers of such clerks, and inserting in lieu thereof a new paragraph (3) to read as follows:
'(3) This subsection shall apply to each county of this state having a population of 160,000 100,000 or more persons according to the United States decennial census of 1980 or any future such census.'"

The Committee substitute, as amended, was adopted.
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, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken
Alford Y Atkins
Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beatty
Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd
Y Campbell Canty Carrell
Y Carter Y Chafin
Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark,H

Y Clark.L Y Coker Y Coleman
Colwell Connell Y Culbreth Y Cummings,B Y Cummings,M Davis.G Y Davis.M Y Dixon.H Y Dixon,S Dobbs Y Dover YDunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover Y Hamilton Hammond Manner Y Harris,B Y Harris,J Heard Y Henson

Herbert Y Hightower Y Holland
Holmes Y Howard Y Hudson Y Irwin
Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd YLane.D Y Lane,R Y Langford Y Lawrence Y Lawson YLee YLong YLord
Lucas Lupton YMann Y Martin
Y McCoy Y McKelvey Y McKinney.B Y McKinney.C Y Meadows Y Merritt
Milam Y Mills

Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock
Y Padgett Y Parham Y Parrish
Y Patten E Pelote Y Perry
Y Pettit Y Pinholster
Pinkston YPoag
Porter
Y Poston Y Powell,A Y Powell.C Y Purcell Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson
Sinkfield Y Skipper Y Smith.L

Smith,? Smith.T Y Smith.W
Y Smyre YSnow Y Stancil,F Y Stancil.S Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas,C Y Thomas,M Y Thomas,N Y Thurmond Y Titus
Tolbert Townsend Y Turnquest Twiggs Y Valenti
Y Vaughan Y Walker,J
Walker,L Y Wall
Ware Y Watson Y Watts
White Y Wilder Y Williams,B
Williams,J Y Williams.R Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 148, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto:

SB 102. By Senators Dawkins of the 45th, Taylor of the 12th, Robinson of the 16th and others:
A bill to amend Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to general matters relating to the Environmental Protection Division of the Department of Natural Resources, so as to provide for the appointment and removal of the director of such division; to create an Environmental Advisory Council; to provide for the composition of such council.

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Representative Byrd of the 153rd moved that the House insist on its position in substituting SB 102.
The motion prevailed.

Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:

SB 57. By Senator Ramsey of the 54th:
A bill to amend Code Section 16-6-5.1 of the Official Code of Georgia Annotated, relating to sexual assault against a person in custody, so as to provide that a person commits sexual assault when he engages in sexual contact with another person who is a probationer under the state-wide probation system and such accused person has supervisory or disciplinary authority over such other person; to provide a penalty.

The following Committee substitute was read:

A BILL
To amend Code Section 16-6-5.1 of the Official Code of Georgia Annotated, relating to sexual assault against a person in custody, so as to provide that a person commits sexual assault when he engages in sexual contact with another person who is a probationer or parolee under the supervision of a probation or parole officer and such accused person has supervisory or disciplinary authority over such other person; to provide a penalty; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 16-6-5.1 of the Official Code of Georgia Annotated, relating to sexual assault against a person in custody, is amended by striking subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) A probation officer/parole or parole officer; court official, er ethef governmental officer commits sexual assault when he engages in sexual contact with another person who is a probationer or parolee under the supervision of said probation or parole officer who is in the custody of law or who is enrolled in a school or who is detained in or is a patient in a hospital or other institution and such actor has supervisory or disciplinary authority over such other person. A person convicted of sexual assault shall be punished by imprisonment for not less than one nor more than three years."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Perry of the 5th and Irwin of the 57th move to amend SB 57 as follows:
Page 1, line 16 add after the word "officer" the following:
", or other custodian or supervisor of another person referred to in this section"
Page 1 line 20 add between words "officer" and "who" the following: "or".

The Committee substitute, as amended, was adopted.

WEDNESDAY, MARCH 13, 1991

2459

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, by substitute, as amended, the ayes were 94, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

SB 42. By Senator Egan of the 40th:
A bill to amend Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, the "Revenue Bond Law," so as to allow for the validation of a maximum interest rate and a maximum annual principal and interest payment; to provide an effective date.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 102, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 295. By Representatives Byrd of the 153rd, Lee of the 72nd, Dobbs of the 74th, Lane of the 27th, Dunn of the 73rd and others:
A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to provide that with respect to Conditioned Air Contractor Class I and Class II licenses, the Division of Conditioned Air Contractors may require applicants for renewal of licenses to have completed subsequent to the date the last licenses were issued a certain number of hours of continuing professional education relating to conditioned air contracting.

Representative Byrd of the 153rd moved that the House insist on its position in disagreeing to the Senate substitute to HB 295 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker Pro Tern appointed as a Committee of Conference on the part of the House the following members:
Representatives Byrd of the 153rd, Watson of the 114th and Kilgore of the 42nd.

Representative Lane of the 27th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:

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HB 926 Do Pass

Respectfully submitted, /s/ Lane of the 27th
Chairman

By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:

HB 926. By Representatives Morsberger of the 62nd, Goodwin of the 63rd, Barnett of the 59th and Breedlove of the 60th:
A bill to amend an Act providing a county historian for Gwinnett County, so as to change the provisions relating to the county historian.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Abernathy Adams
Y Aiken Alford
Y Atkins Y Baker Y Balkcom
Barfoot Y Bargeron Y Barnett,B Y Barnett.M Y Bates
Beatty Y Benefield
Birdsong Y Blitch
Y Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Y Brown
Brush YBuck
Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Chafm
Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark,H

Y Clark.L Y Coker Y Coleman
Colwell Connell Y Culbreth Y Cummings.B Y Cummings,M Davis.G Y Davis.M Y Dixon.H Y Dixon.S Dobbs Y Dover Dunn Y Edwards Elliott Y Felton Y Fennel Y FloydJ.M Y Floyd,J.W Y Flynt God bee Y Golden Y Goodwin Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Manner Y Harris,B Y Harris,J Y Heard Y Henson

Y Herbert Hightower
Y Holland Holmes
Y Howard Y Hudson Ylrwin Y Jackson
Jamieson Y Jenkins Y Jones Y Kilgore
YKing Y Kingston
Y Klein YLadd Y Lane,D YLane,R Y Langford Y Lawrence Y Lawson YLee YLong
Lord Lucas Lupton Mann Y Martin Y McCoy Y McKelvey McKinney,B McKinney.C Y Meadows Y Merritt Milam Y Mills

Y Mobley Moody
Y Morsberger Y Moultrie Y Mueller Y Oliver.C
Oliver,M YOrr
Orrock
Y Padgett Y Parham YParrish Y Patten
E Pelote Y Perry Y Pettit
Pinholster Pinkston Poag Porter Y Poston Y Powell,A Y Powell.C Y Purcell Y Randall YRay Reaves Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Skipper Y Smith.L

Smith.P Y Smith.T Y Smith,W YSmyre YSnow
Stancil.F Y Stancil,S Y Stanley
Stephens Y Streat Y Taylor YTeper
Thomas,C Y Thomas,M Y Thomas,N
Thurmond Y Titus Y Tolbert
Townsend
Y Turnquest Twiggs Valenti
Y Vaughan Y Walker,J
Walker,L Y Wall
Ware Y Watson
Y Watts White
Y Wilder Y Williams.B
Williams^ Y Williams.R
Y Yeargin Murphy ,Spkr

On the passage of the Bill, the ayes were 129, nays 0, The Bill, having received the requisite constitutional majority, was passed.

HB 1065.

By Representative McKinney of the 35th:
A bill to provide that in Fulton County a residential property developer or builder shall obtain a certificate of approval from a registered engineer before building or developing within 500 feet of any lake within a residential area.

WEDNESDAY, MARCH 13, 1991

2461

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Abernathy Adams
Y Aiken Alford
Y Atkins Y Baker Y Balkcom
Barfoot Y Bargeron Y Barnett,B Y Bamett,M Y Bates
Beatty Y Benefield
Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Y Brown
Brush YBuck
Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Chafm Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark,H

Y Clark,L Y Coker Y Coleman
Colwell Connell Y Culbreth Y Cummings.B Y Cummings.M Davis.G Y Davis.M Y DiK>n,H Y Diion,S Dobbs Y Dover Dunn Y Edwards Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt God bee Y Golden Y Goodwill Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Hanner Y Harris.B Y Harris,J Y Heard Y Henson

Y Herbert Hightower
Y Holland Holmes
Y Howard Y Hudson Ylrwin Y Jackson
Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd YLane.D Y Lane,R Y Langford Y Lawrence Y Lawson YLee YLong
Lord Lucas Lupton Mann Y Martin YMcCoy Y McKelvey McKinney,B McKinney.C Y Meadows Y Merritt Milam Y Mills

Y Mobley Moody
Y Morsberger Y Moultrie Y Mueller Y Oliver.C
Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish Y Patten E Pelote Y Perry Y Pettit
Pinholster Pinkston Poag Porter YPoston Y Powell.A Y Powell.C Y Purcell Y Randall YRay Reaves Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Skipper Y Smith,L

Smith.P Y Smith.T Y Smith,W YSmyre YSnow
Stancil.F Y Stancil,S Y Stanley
Stephens Y Streat Y Taylor Y Teper
Thomas.C Y Thomas,M Y Thomas,N
Thurmond Y Titus Y Tolbert
Townsend Y Turnquest
Twiggs Valenti Y Vaughan Y Walker.J Walker.L Y Wall Ware Y Watson Y Watts White Y Wilder Y Williams.B Williams,J Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 129, nays 0. The Bill, having received the requisite constitutional majority, was passed.

SB 386. By Senators Scott of the 36th, Newbill of the 56th, Shumake of the 39th and others:
A bill to provide that the Board of Commissioners of Fulton County and the Council of the City of Atlanta shall site no new solid waste disposal facility, including a sewage sludge incinerator, until they enact local solid waste disposal plans; to provide an effective date.

The following Committee substitute was read and adopted:

A BILL
To provide that the Council of the City of Atlanta shall site no new solid waste disposal facility, including a sewage sludge incinerator, until they enact local solid waste disposal plans; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. As of the effective date of this Act, the Council of the City of Atlanta shall not take any action to select a site for or to approve the operation of any additional municipal or private solid waste disposal facility, as defined in Code Section 12-8-22 of the

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O.C.G.A., specifically including, but not limited to, a sewage sludge incinerator until the council enacts and implements a local solid waste management plan which provides for the reduction and recycling of solid waste generated within the city in accordance with the procedures and standards provided in Code Section 12-8-31.1 of the O.C.G.A. This Act shall apply to any sites under consideration on the effective date of this Act and shall not apply to existing sites in operation on the effective date of this Act except for sewage sludge incinerators.
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.

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, by substitute, the roll call was ordered and the vote was as follows:

Y Abernathy Adams
Y Aiken Alford
Y Atkins Y Baker Y Balkcom
Barfoot Y Bargeron Y Barnett.B Y Barnett,M Y Bates
Beatty Y Benefield
Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Y Brown
Brush YBuck
Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter YChafm Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark,H

Y Clark.L Y Coker Y Coleman
Colwell Connell Y Culbreth Y Cummings,B Y Cummings.M Davis.G Y Davis.M Y Diion,H
Y Dixon,S Dobbs
Y Dover Dunn
Y Edwards
Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
YFlynt God bee
Y Golden Y Goodwin
Green Y Greene Y Griffin Y Groover Y Hamilton
Y Hammond Manner
Y Harris,B Y Harris,J Y Heard Y Henson

Y Herbert Hightower
Y Holland Holmes
Y Howard Y Hudson Ylrwin Y Jackson
Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd YLane.D Y Lane,R Y Langford Y Lawrence YLawson
YLee YLong
Lord
Lucas Lupton Mann Y Martin
YMcCoy Y McKelvey
McKinney.B McKinney.C Y Meadows Y Merritt Milam Y Mills

Y Mobley
Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C
Oliver.M YOrr
Orrock Y Padgett YParham YParrish Y Patten E Pelote Y Perry Y Pettit
Pinholster Pinkston
Poag Porter
YPoston Y Powell,A
Y PoweU,C Y Purcell
Y Randall YRay
Reaves Redding Y Ricketson Y Royal YSelman Y Sherrill Y Simpson Y Sinkfield Skipper Y Smith,L

Smith.P Y Smith,T Y Smith,W
YSmyre YSnow
Stancil,F
Y Stancil,S Y Stanley
Stephens Y Streat Y Taylor
YTeper Thomas,C
Y Thomas,M Y Thomas.N
Thurmond Y Titus Y Tolbert
Townsend Y Turnquest
Twiggs Valenti Y Vaughan Y Walker,J Walker,L Y Wall Ware Y Watson Y Watts White Y Wilder Y Williams,B Williams.J Y Williams,R Y Yeargin Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 129, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

The following Resolutions of the House were read and adopted:

HR 569.

By Representative Alford of the 57th:
A resolution congratulating Mr. and Mrs. Mike Sewick on the occasion of their fiftieth wedding anniversary.

WEDNESDAY, MARCH 13, 1991

2463

HR 570. By Representative Green of the 106th: A resolution commending Chad Mosley.

Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:

SB 71. By Senators Newbill of the 56th, Foster of the 50th and Collins of the 17th:
A bill to amend Code Section 20-2-282 of the Official Code of Georgia Annotated, relating to comprehensive evaluations of schools and systems, so as to change the functions to be evaluated; to provide for the designation of schools and school systems which exceed expectations and exempt them from evaluation for certain functions.

The following Committee substitute was read and withdrawn:

A BILL
To amend Code Section 20-2-282 of the Official Code of Georgia Annotated, relating to comprehensive evaluations of schools and systems, so as to change the functions to be evaluated; to provide for the designation of schools which exceed expectations and exempt them from evaluation for certain functions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 20-2-282 of the Official Code of Georgia Annotated, relating to comprehensive evaluations of schools and systems, is amended by striking paragraph (1) of subsection (a) thereof and inserting in its place a new paragraph to read as follows:
"(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 yearsj except as provided in subsection (e.l) 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; (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; particularly as they apply to implementing the state board prescribed program accounting system 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."
Section 2. Said Code section is further amended by adding between subsections (e) and (f) thereof a new subsection to read as follows:

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"(e.l) The state board shall, subject to the requirements of subparagraph (a)(l)(D) of this Code section, establish criteria for determining whether local schools significantly exceed expectations based on performance of students in educational programs when compared to student bodies with similar demographic characteristics. Local schools which score in the highest 30 percent of a demographic group of comparable schools or additional schools designated by the State Department of Education will be deemed to be significantly exceeding expectations in a given year and designated 'high-achieving schools.' Schools designated as high-achieving schools will not be subject to comprehensive evaluations for those functions described in subparagraph (a)(l)(B), (a)(l)(C), or (a)(l)(I) of this Code section, as long as the school maintains the designation highachieving school. Schools and school districts which have had a standards review within the last four years will continue on the five-year cycle as mandated by law."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Kilgore of the 42nd, was read:

A BILL
To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to provide that the State Board of Education may delegate certain powers to the State School Superintendent; to provide for a duty-free lunch period for teachers; to provide for the exchanging of lunch periods for compensation or benefits; to prevent the lengthening of the school day as a result of required duty-free lunch periods; to provide for statutory construction with regard to certain appropriations; to provide for the approval of pilot projects to allow decategorization of funds for local units of administration or schools engaged in such projects; to provide criteria for pilot projects; to provide for review of pilot projects; to provide for reports; to change the functions subject to certain comprehensive evaluations; to provide for the designation of schools which exceed expectations and exempt them from evaluation for certain functions; to provide for certain schools and districts which have had standards reviews; to provide for other 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. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating elementary, secondary, and adult education, is amended by striking Code Section 20-2-11, relating to supervision of the Department of Education by the State Board of Education, and inserting in its place a new Code section to read as follows:
"20-2-11. The State Board of Education shall prepare and submit to the Governor and General Assembly an estimate of the funds necessary for the operation of the state public school system. It shall have general supervision of the Department of Education and shall may delegate to the State School Superintendent the authority to employ and dismiss; upon the recommendation of th State Seheel Superintendent, such clerical employees, supervisors, administrators, and other employees who are members of the classified service under Article 1 of Chapter 20 of Title 45 as may be necessary for the efficient operation of the Department of Education. It shall set aside the necessary funds for the maintenance of the office of the department and the State School Superintendent, the amount and sufficiency of such funds to be in the discretion of the state board, such funds to be disbursed by the Superintendent in the payment of salaries and travel expense of employees and for printing, communication, equipment, repairs, and other expenses incidental to the operation of the department."
Section 2. Said chapter is further amended by adding after Code Section 20-2-217, relating to professional and staff development stipends, a new Code section to read as follows:
"20-2-218. (a) Every teacher who is employed for a period of time of more than one-half of the class periods of the regular school day shall be provided a daily lunch

WEDNESDAY, MARCH 13, 1991

2465

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.
(b) Nothing in this Code section shall be construed to prevent any teacher from exchanging that teacher's lunch period for any compensation or benefit mutually agreed upon by the employee and the local superintendent of schools or such superintendent's agent, except that a teacher and the superintendent or agent may not agree to terms which are different from those available to any other teacher granted rights under this Code section within the individual school or to terms which in any way discriminate among such teachers within the individual school.
(c) The implementation of this Code section may not result in a lengthened school day.
(d) If necessary where due to extreme economic conditions or an unforeseen and unavoidable personnel shortage, a local unit of administration may require a teacher otherwise entitled to a duty-free lunch period to supervise students during such lunch period but for no more than one day in any school week.
(e) Notwithstanding any of the foregoing provisions of this Code section to the contrary, nothing in this Code section shall require the General Assembly to appropriate funds for the implementation of the duty-free lunch program; provided, however, that any such funds appropriated for this purpose shall be used by local school systems for duty-free lunch periods for classroom teachers in grades K through 5."
Section 3. Said chapter is further amended by adding to Code Section 20-2-250, relating to projects to improve effectiveness, a new subsection (d) to read as follows:
"(d) (1) In order to better address the needs of students at risk of failing to complete their education, the State Board of Education shall approve pilot projects that allow schools, clusters of schools, or school systems to decategorize funds received under Code Section 20-2-161. The state board shall appoint an interdisciplinary review panel consisting of students, parents, educators, and representatives from business, the community, and the Department of Human Resources to evaluate all submitted proposals and to submit appropriate recommendations to the state board.
(2) Pilot projects must meet the following criteria:
(A) Address the needs of at-risk students who meet two or more of the criteria in the definition of the at-risk student as approved by the State Board of Education;
(B) Develop a plan for such a pilot project using an interdisciplinary committee composed of students, parents, educators, and representatives from business, the community, the Department of Human Resources, and others as appropriate;
(C) Ensure that the plan for the pilot project becomes a component of the local strategic plan;
(D) Provide for a program evaluation that specifies the goals of the program, the means to achieve those goals, the reasons for any decategorization or combining of program earnings to carry out those means, and objective and other criteria to be met which will determine the success or failure of the new programs;
(E) No funds may be expended for any program or service explicitly excluded from the full-time equivalent count in subsection (a) of Code Section 20-2-160, except that such funds will be expended in conformity with the requirements for expenditures of direct instructional costs under Code Section 20-2-167. Any local plan approved by the board to combine program earnings for the purpose of providing programs for at-risk students under this subsection must also conform with the expenditure controls under Code Section 20-2-167 as modified by the new program categories described in the local system's proposal to the board. In no event will the aggregate funds expended for direct instructional costs be a lower amount than

2466

JOURNAL OF THE HOUSE,

would have been required under the original formula calculations and expenditure requirements; and
(F) No funds may be expended for transitional programs, such as transitional kindergarten or first grade, or for any other program designed for students retained rather than promoted to the next grade. (3) The state board shall give priority to proposed pilot projects that focus on interagency cooperation and the joint provision of services. (4) All pilot projects shall be reviewed annually by the state board to ensure that they are meeting the goals and objectives outlined in their plan. Pilot projects that are no longer achieving their goals and objectives shall be discontinued by the state board. (5) The pilot projects shall report annually to the Appropriations and Education committees of the House of Representatives and the Senate."
Section 4. Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Section 20-2-282, relating to comprehensive evaluations of schools and systems, and inserting in its place a new paragraph to read as follows:
"(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 yearsz except as provided in subsection (e.l) 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; (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; particularly as they apply to implementing the state board prescribed program accounting system 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."
Section 5. Said chapter is further amended by adding between subsections (e) and (f) of Code Section 20-2-282, relating to comprehensive evaluations of schools and systems, a new subsection to read as follows:
"(e.l) The state board shall, subject to the requirements of subparagraph (a)(l)(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. 'Significantly exceeds expectations' shall be defined as a school whose performance exceeds its expected performance by at least one-half standard error of prediction. Schools which meet this criteria will be deemed to be 'high-achieving schools.' Schools designated as high-achieving schools will not be subject to comprehensive evaluations for those functions described in subparagraph (a)(l)(B), (a)(l)(C), or (a)(l)(I) of this Code section, as long as the school maintains the designation 'high-achieving school.' Schools

WEDNESDAY, MARCH 13, 1991

2467

and school districts which have had a standards review within the last four years will continue on the five-year cycle as mandated by law."
Section 6. This Act shall become effective July 1, 1991, but Section 3 of this Act shall become effective July 1, 1991, for the 1992-1993 school year.
Section 7. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Herbert of the 76th moves to amend the Floor substitute to SB 71 as follows:
Strike on line 3, page 8 beginning with the word "Significantly" ending with "schools." on line 7, replacing this language with the following:
"Local schools which score in the highest 25 percent of a demographic group of comparable schools will be deemed to be significantly exceeding expectations in a given year and designated "High Achieving Schools".

The Floor substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, by substitute, as amended.
On the passage of the Bill, by substitute, as amended, the ayes were 105, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

SB 171. By Senator Ramsey of the 54th:
A bill to amend Code Section 15-16-21 of the Official Code of Georgia Annotated, relating to the fees for sheriffs services and the disposition of fees, so as to change certain fees for the services of a sheriff in civil and criminal cases.

The following Committee substitute was read and withdrawn:

A BILL
To amend Code Section 15-16-21 of the Official Code of Georgia Annotated, relating to the fees for sheriffs services and the disposition of fees, so as to change certain fees for the services of a sheriff in civil and criminal cases; to provide for time of payment of certain fees; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 15-16-21 of the Official Code of Georgia Annotated, relating to the fees for sheriffs services and the disposition of fees, is amended by striking subsections (b) and (c) in their entirety and inserting in their respective places new subsections (b) and (c) to read as follows:
"(b) For the services of the sheriff in civil cases, the following fees shall be charged: (1) Serving copy of process and returning original, per copy ..................$ 20.00 30.00
(2) Action from another county, to be paid in advance........................... 16.00 30.00
(3) Summoning each witness......................................................................... 4=60 10.00
(4) Each levy or writ of fieri facias.............................................................. 16766 30.00

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JOURNAL OF THE HOUSE,

(5) Search and return of nulla bona. ........................................................... 10.00 30.00

(6) Serving summons of garnishment or rule against garnishee ............. 10.00 30.00

If more than one, for each additional copy............................................... 4^0 10.00

(7) Commissions on sales of property:

On sums of $50.00 or less.......................................................................

fo 9%

On excess above $50.00 up to $550.00..................................................

6% 7%

For all sums exceeding $550.00, on excess ..........................................

&%- 5%

No commissions shall be charged unless property is actually sold.

(8) Making out and executing titles to land............................................... i&09 30.00

If presented by purchaser ............................................................................ 1&06 25.00

(9) Executing bill of sale to personal property, when demanded by purchaser..................................................................................................... i&eo 20.00

(10) Forthcoming bonds................................................................................... WM 20.00

(11) Serving process against tenant over or intruder upon land to dis-

possess them........................................................................................

20.00

(12) For dispossessing tenant or intruder....................................................

20.00

(13) Taking and returning counter-affidavit when summary process to i tenant or intruder is resisted.......................................... 10.00 20.00

(14) Settling each execution in his hands, settled without sale................ 1&06 20.00

(15) Levying an attachment............................................................................ 1&69 30.00

(16) Following property out of county with attachment, for every mile going and returning............................................................................. r2Q .21

(17) Attending superior, state, or city courts, per day..............................

20.00

(18) Probate courts, per day..........................................................................

15.00

(19) At elections as required by law, each day...........................................

20.00

(20) Collecting tax fi. fas. $100.00 or less, each........................................... 40 10.00

(21) Collecting tax fi. fas. over $100.00, each............................................... i^60 15.00

(c) For executing and returning any warrant or for serving a citation, the fees to

which a sheriff is entitled as provided in this subsection shall be paid at the disposition

of the criminal case. For summoning witnesses or taking bonds in criminal cases, the

fees to which a sheriff is entitled as provided in this subsection shall be paid in advance

prior to the sheriffs rendering such service. For the services of the sheriff in criminal

cases, the following fees shall be charged:

(1) Removing prisoner when habeas corpus is sought for his relief

........................................................................................................

$ 15.00

(2) Removing prisoners under habeas corpus when no mileage is paid,

per day...............................................................................................

15.00

(3) Attending persons taken by warrant to judge's chamber, for each

time.....................................................................................................

4.50

WEDNESDAY, MARCH 13, 1991

2469

(4) Conducting prisoner before judge or court to and from jail..........

4.50

(5) Executing and returning any warrant................................................ 20.00 30.00

(6) Serving any citation issued pursuant to Article 10 of Chapter 10 of this title, relating to bad check prosecutions or any warrant............... 20.00 30.00

(7) Summoning each witness...................................................................... 4^66 10.00

(8) Taking bonds in criminal cases........................................................... 1&06 15.00

(9) Executing a warrant of escape............................................................

10.00

(10) Service in every criminal case before a judge or a judge and jury .............................................................................................................

10.00"

Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Barnett of the 10th, was read and adopted:

A BILL

To amend Code Section 15-16-21 of the Official Code of Georgia Annotated, relating to the fees for sheriffs services and the disposition of fees, so as to change certain fees for the services of a sheriff in civil and criminal cases; to provide for time of payment of certain fees; to repeal a provision of said Code section relating to its effect on certain local or special laws; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Code Section 15-16-21 of the Official Code of Georgia Annotated, relating to the fees for sheriffs services and the disposition of fees, is amended by striking subsections (b) and (c) in their entirety and inserting in their respective places new subsections (b) and (c) to read as follows:
"(b) For the services of the sheriff in civil cases, the following fees shall be charged: (1) Serving copy of process and returning original, per copy..................$ 20.00 25.00

(2) Action from another county, to be paid in advance........................... 16.00 20.00

(3) Summoning each witness......................................................................... 4r60 6.00

(4) Each levy or writ of fieri facias.............................................................. 1&09 20.00

(5) Search and return of nulla bona............................................................ i6r60 13.00

(6) Serving summons of garnishment or rule against garnishee............. 10.00 13.00

If more than one, for each additional copy............................................... 4^60 6.00

(7) Commissions on sales of property:

On sums of $50.00 or less.......................................................................

!% 8%

On excess above $50.00 up to $550.00..................................................

&% 6%

For all sums exceeding $550.00, on excess ..........................................

&%- 3%

No commissions shall be charged unless property is actually sold.

(8) Making out and executing titles to land............................................... 1&09 20.00

If presented by purchaser............................................................................ 1&09 13.00

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JOURNAL OF THE HOUSE,

(9) Executing bill of sale to personal property, when demanded by purchaser..................................................................................................... i&ee 13.00

(10) Forthcoming bonds................................................................................... 1&69 13.00

(11) Serving process against tenant over or intruder upon land to dispossess them.................................................................................................... 20.00

(12) For dispossessing tenant or intruder....................................................

20.00

(13) Taking and returning counter-affidavit when summary process to dispossess tenant or intruder is resisted.......................................... 10.00 13.00

(14) Settling each execution in his hands, settled without sale................ 10^9 13.00

(15) Levying an attachment............................................................................ 1&09 20.00

(16) Following property out of county with attachment, for every mile

going and returning.......................................................................

;36 .21

(17) Attending superior, state, or city courts, per day..............................

20.00

(18) Probate courts, per day..........................................................................

15.00

(19) At elections as required by law, each day...........................................

20.00

(20) Collecting tax fi. fas. $100.00 or less, each........................................... 4:90 5.00

(21) Collecting tax fi. fas. over $100.00, each............................................... 7:60 10.00

(c) For executing and returning any warrant or for serving a citation, the fees to

which a sheriff is entitled as provided in this subsection shall be paid at the disposition

of the criminal case. For summoning witnesses or taking bonds in criminal cases, the

fees to which a sheriff is entitled as provided in this subsection shall be paid in advance

prior to the sheriffs rendering such service. For the services of the sheriff in criminal

cases, the following fees shall be charged:

(1) Removing prisoner when habeas corpus is sought for his relief

........................................................................................................

$ 15.00

(2) Removing prisoners under habeas corpus when no mileage is paid,

per day...............................................................................................

15.00

(3) Attending persons taken by warrant to judge's chamber, for each

time.....................................................................................................

4.50

(4) Conducting prisoner before judge or court to and from jail..........

4.50

(5) Executing and returning any warrant................................................ 20.00 25.00

(6) Serving any citation issued pursuant to Article 10 of Chapter 10 of this title, relating to bad check prosecutions or any warrant............... 20.00
25.00

(7) Summoning each witness...................................................................... 4^60 6.00

(8) Taking bonds in criminal cases........................................................... 4&09 13.00

(9) Executing a warrant of escape............................................................

10.00

(10) Service in every criminal case before a judge or a judge and jury

10.00"

Section 2. Said Code section is further amended by repealing subsection (g) which reads as follows:

WEDNESDAY, MARCH 13, 1991

2471

"(g) No local law shall be affected by this Code section, provided that if provisions are made by local or special law for special compensation, the sheriff shall not be entitled to compensation both under this Code section and under such local or special law unless specifically provided for under such local or special law.", in its entirety and by redesignating subsection (h) as subsection (g).
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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, by substitute, the ayes were 113, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

The following Resolution of the Senate was read:

SR 317. By Senators Deal of the 49th and Garner of the 30th
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 11:00 P.M. on Wednesday, March 13, 1991, and shall reconvene on Friday, March 15, 1991.
BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hour for convening the Senate on March 15 may be as ordered by the Senate; and the hour for convening the House on March 15 may be as ordered by the House.
BE IT FURTHER RESOLVED that the General Assembly shall adjourn sine die at 4.00 P.M. on March 15, 1991.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

N Abemathy N Adams N Aiken
Alford N Atkins
N Baker N Balkcom N Barfoot Y Bargeron N Barnett,B N Barnett,M N Bates N Beatty
Benefield Birdsong N Blitch N Bordeaux N Bostick N Branch N Breedlove N Brooks N Brown N Brush YBuck N Buckner NByrd N Campbell N Canty

N Carrell N Carter
Chafin
Chambless N Cheeks N Childers N Clark,E N Clark,H N Clark,L N Coker Y Coleman Y Colwell
Connell N Culbreth
Cummings,B N Cummings,M
Davis,G N Davis.M Y Diion,H
N Dixon.S YDobbs N Dover YDunn N Edwards N Elliott N Felton N Fennel N Floyd,J.M

N FloydJ.W NFlynt
Godbee N Golden
N Goodwin N Green N Greene N Griffin
Groover N Hamilton N Hammond
Manner Harris.B N Harris.J N Heard N Henson
N Herbert N Hightower
N Holland Y Holmes N Howard N Hudson N Irwin N Jackson Y Jamieson N Jenkins N Jones N Kilgore

NKing Y Kingston N Klein YLadd N Lane,D
Lane.R N Langford N Lawrence
N Lawson NLee NLong NLord N Lucas
Lupton N Mann N Martin N McCoy N McKelvey N McKinney.B N McKinney.C
N Meadows N Merritt
Milam N Mills N Mobley N Moody N Morsberger N Moultrie

N Mueller N Oliver.C N Oliver.M NOrr N Orrock
N Padgett N Parham N Parrish
N Patten E Pelote N Perry N Pettit N Pinholster
Pinkston NPoag
Porter N Poston N Powell,A N Powell.C N Purcell N Randall NRay
Reaves
N Redding N Ricketson
Royal
N Selman N Sherrill

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JOURNAL OF THE HOUSE,

N Simpson N Sinkfield N Skipper N Smith,L N Smith.P N Smith.T Y Smith.W
Y Smyre

N Snow Stancil.F
Stancil,S N Stanley N Stephens
N Streat N Taylor N Teper

N Thomas.C N Thomas.M N Thomas.N
Thurmond N Titus N Tolbert
Townsend N Turnquest

Twiggs N Valenti N Vaughan
N Walker,J Walker ,L
Y Wall N Ware N Watson

N Watts Y White N Wilder N William8,B
Williams,J N Williams.R N Yeargin
Murphy.Spkr

On the adoption of the Resolution, the ayes were 15, nays 137. The Resolution was lost.

Representative Lord of the 107th moved that the following Bill of the Senate be taken from the table:

SB 81. By Senator Kidd of the 25th:
A bill to amend Code Section 40-5-27 of the Official Code of Georgia Annotated, relating to examination of applicants for drivers' licenses, so as to prohibit the issuance of a driver's license to any person who does not meet certain vision standards; to provide an exception.

On the motion, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom
Barfoot Bargeron Y Barnett.B Y Barnett.M Y Bates
Y Beatty Y Benefield
Birdsong Blitch Y Bordeaux Y Bostick Y Branch Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Chafin Y Chambless
Y Cheeks Y Childere Y ClarkJE Y Clark,H

Y Clark,L Y Coker Y Coleman
Y Colwell Connell
Y Culbreth Cummings,B
Y Cummings,M
Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S YDobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
YFlynt Godbee
Y Golden Y Goodwin
Y Green Y Greene Y Griffin Y Groover
Hamilton Y Hammond Y Manner Y Harris.B Y Harris,J Y Heard Y Henson

Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Ylrwin
Y Jackson Jamieson Jenkins
Y Jones Kilgore
YKing Y Kingston Y Klein YLadd YLane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong YLord
Lucas Lupton YMann Y Martin McCoy Y McKelvey McKinney.B McKinney.C Y Meadows Y Merritt Milam Y Mills

Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y 01iver,M YOrr Y Orrock
Y Padgett Y Parham Y Parrish
Y Patten E Pelote Y Perry Y Pettit Y Pinholster
Pinkston
YPoag Porter
Y Poston
Y Powell,A Y Powell,C Y Purcell Y Randall
YRay Y Reaves Y Redding
Ricketson Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L

Y Smith.P Smith.T
Y Smith,W
Y Smyre YSnow
Stancil.F Stancil,S Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C Thomas.M Y Thomas.N Thurmond Y Titus Y Tolbert Townsend Y Turnquest Twiggs Y Valenti Y Vaughan Walker,J Walker.L Y Wall Y Ware Y Watson Y Watts Y White Y Wilder Y Williams.B Williams,J Y Williams,R Y Yeargin
Murphy ,Spkr

On the motion, the ayes were 144, nays 0. The motion prevailed.

Representative Dobbs of the 74th moved that the following Bill of the Senate be taken from the table:

WEDNESDAY, MARCH 13, 1991

2473

SB 197. By Senator Shumake of the 39th:
A bill 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 provide definitions; 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.

On the motion, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken
Alford
Y Atkins Baker
Y Balkcom Barfoot Bargeron
Y Barnett,B Y Barnett,M Y Bates Y Beatty
Benefield Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Chafin Y Chambless Cheeks Y Childers Y Clark.E Y Clark.H

Y Clark.L Y Coker Y Coleman
Y Colwell Connell
Y Culbreth Y Cummings,B
Y Cummings,M Y Davis.G Y Davis,M
Dixon.H
Y DUon,S Y Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt
Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Manner Y Harris,B Y Harris,J Y Heard Y Henson

Y Herbert Y Hightower
Holland
Y Holmes Y Howard Y Hudson Ylrwin Y Jackson
Jamieson Y Jenkins Y Jones
Kilgore
YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas
Lupton YMann Y Martin
McCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Merritt
Milam Y Mills

Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr YOrrock
Y Padgett Parham
Y Parrish Y Patten
E Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag
Porter Y Poston Y Powell,A Y Powell.C Y Purcell Y Randall
YRay Y Reaves
Redding Y Ricketson
Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith,L

Smith,P Smith.T Y Smith,W
Y Smyre YSnow
Stancil.F Stancil.S Y Stanley Stephens Y Streat Y Taylor YTeper Thomas.C Y Thomas.M Thomas.N Thurmond Y Titus Y Tolbert Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Walker.L Y Wall Y Ware
Y Watson Y Watts Y White Y Wilder Y Williams,B
Williams.J Y Williams.R Y Yeargin
Murphy,Spkr

On the motion, the ayes were 143, nays 0. The motion prevailed.

The following Resolution of the House was taken up for the purpose of considering the Senate substitute thereto:

HR 74. By Representatives Childers of the 15th, McKelvey of the 15th and Smith of the 16th:
A resolution authorizing the conveyance of certain state owned real property located in Floyd County, Georgia.

The following Senate substitute was read:

A RESOLUTION
Authorizing the conveyance of certain state owned real property located in Floyd County, Georgia; authorizing the conveyance of an estate for years in certain real property

2474

JOURNAL OF THE HOUSE,

owned by the Georgia Building Authority (Hospital) in Richmond County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS: (1) The State of Georgia is the owner of two tracts of real property located in the City of Cave Spring, Floyd County, Georgia; (2) Said property is under the custody and management of the Georgia Department of Education, known as the Fannin Campus, formerly known as the Georgia School for the Deaf in the City of Cave Spring; (3) The Georgia Department of Education has declared said property surplus to its need and has approved the conveyance of said property to the City of Cave Spring; (4) The said tracts of real property are described as follows:
TRACT 1
All that certain tract or parcel of land situate, lying and being in the City of Cave Spring, Georgia, and in Land Lots 928, 929, 872, and 873 of the 3rd District of Floyd County, Georgia, containing approximately 35 acres, and being more particularly described on a plat of survey on file in the offices of the State Properties Commission; and
TRACT 2
All that certain tract or parcel of land situate, lying and being in the City of Cave Spring, Georgia, and in Land Lots 872 and 873 of the 3rd District of Floyd County, Georgia, containing approximately 12.7 acres, and being more particularly described on a plat of survey on file in the offices of the State Properties Commission; (5) The City of Cave Spring is desirous of obtaining all or a portion of the above-described property in Tract 1 for public purposes; and (6) The City of Cave Spring is desirous of obtaining the above-described property in Tract 2 for city private development usage; and
WHEREAS: (1) The State of Georgia or Georgia Building Authority (Hospital) is the owner of certain real property located in Richmond County, Georgia, hereinafter referred to as the "premises," which real property is more fully described as follows:
All that tract of real property consisting of approximately 136.78 acres and constituting grounds of Georgia Regional Hospital in Richmond County, Georgia, as shown on that certain plat dated August 18, 1986, entitled "Plat for Georgia Regional Hospital" and from said plat being more particularly described as follows:
COMMENCING at the intersection of the west right-of-way line of Georgia Route No. 56 (a 100 foot right-of-way) with the north right-of-way line of Phinizy Road; thence, along said right-of-way a distance of 3172.45 feet to an open top pin, 34 inch, found, the POINT OF BEGINNING; thence South 87 degrees 12 minutes 17 seconds West a distance of 4222.34 feet to a concrete marker found on the east right-of-way line of Louisville Road (Reformatory Road) (a 60 foot right-of-way); thence North 27 degrees 21 minutes 20 seconds East a distance of 877.32 feet to a No. 5 rod set; thence North 27 degrees 42 minutes 34 seconds East a distance of 1202.60 feet to a No. 9 rod found; thence, South 73 degrees 51 minutes 17 seconds East a distance of 1317.91 feet to a No. 5 rod set; thence North 15 degrees 45 minutes 07 East a distance of 582.81 feet to an iron pin found; thence South 82 degrees 03 minutes 27 seconds East a distance of 1747.41 feet to a No. 4 rod found on the west right-ofway line of Georgia State Highway No. 56 (a 100 foot right-of-way); thence along said right-of-way South 02 degrees 00 minutes 00 seconds East a distance of 1671.65 feet to an open pin tie, % inch, found, the POINT OF BEGINNING;

WEDNESDAY, MARCH 13, 1991

2475

provided, however, that the above-described property shall not include the 13.5 acres for which an estate for years was granted pursuant to Resolution No. 811, Act No. 45, approved March 10, 1988 (Ga. L. 1988, p. 176), which 13.5 acre parcel is more particularly described on a plat of survey on file in the offices of the State Properties Commission;
(2) Resolution No. 811, Act No. 45, authorizing the conveyance of an estate for years or usufruct in a 13.5 acre parcel of such premises to the Richmond County Board of Health for certain public purposes was adopted by the General Assembly and approved by the Governor on March 10, 1988 (Ga. L. 1988, p. 176);
(3) The Richmond County Department of Health, a body corporate and politic created by an Act approved August 22, 1931 (Ga. L. 1931, p. 661), as amended, and which acts as the Richmond County Board of Health, hereinafter referred to as the "board of health," desires to obtain an estate for years of 50 years in a 17.236 acre parcel to be subdivided from the premises for the purpose of providing public health and community mental health, mental retardation, and substance abuse services in conjunction with the 13.5 acre parcel and facilities thereon for which an estate for years was authorized in 1988 as referenced above and amended by a resolution restating the purposes of such estate for years, approved April 4, 1990 (Ga. L. 1990, p. 977); and
(4) The premises are in the custody of the Department of Human Resources of the State of Georgia and constitute grounds of its Georgia Regional Hospital - Augusta.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE 1
Section 1. That the above-described real property in Floyd County in Tract 1 containing approximately 35 acres shall be conveyed by appropriate instrument to the City of Cave Spring by the State of Georgia, acting by and through its State Properties Commission, for a consideration of $650.00 and upon such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.
Section 2. That, if the City of Cave Spring determines the need to convey all or a portion of the above-described property to a private person or corporation or other entity, then before any such disposition the State Properties Commission shall have first approved both the disposition and the monetary consideration for said disposition, which consideration shall be not less than the fair market value of such property. Any such State Properties Commission approval shall be conditioned on said monetary consideration, less any incurred expenses of disposition which have been approved by the State Properties Commission, being received and deposited by the State Properties Commission into the treasury of the State of Georgia.
Section 3. That the authorization in this resolution to convey the above-described property to the City of Cave Spring shall expire three years after the date that this resolution becomes effective.
Section 4. That the State Properties Commission is authorized to do all acts and things necessary and proper to effect such conveyance.
Section 5. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Floyd County and a recorded copy shall be forwarded to the State Properties Commission.
ARTICLE 2
Section 6. That the above-described real property in Floyd County in Tract 2 containing approximately 12.7 acres shall be conveyed by appropriate instrument to the City of Cave Spring by the State of Georgia, acting by and through its State Properties Commission, for a consideration of not less than the fair market value of such property as

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JOURNAL OF THE HOUSE,

determined by the State Properties Commission and upon such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.
Section 7. That the authorization in this resolution to convey the above-described property to the City of Cave Spring shall expire three years after the date that this resolution becomes effective.
Section 8. That the State Properties Commission is authorized to do all acts and things necessary and proper to effect such conveyance.
Section 9. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Floyd County and a recorded copy shall be forwarded to the State Properties Commission.
ARTICLE 3
Section 10. That the premises are owned by Georgia Building Authority (Hospital) or may now or in the future be owned by the State of Georgia, in whole or in part. In all matters relating to the conveyance of an estate for years authorized by this resolution, where the property is owned by the state, the State of Georgia shall act by and through the Georgia Building Authority (Hospital).
Section 11. That the Georgia Building Authority (Hospital) is authorized to convey or let to the Richmond County Board of Health an estate for years or a usufruct in the premises with a term not to exceed 50 years and a parcel size of not more than 17.236 acres. The estate for years or usufruct shall be for the purpose of providing public health and community mental health, mental retardation, and substance abuse services. The consideration for the conveyance shall be $10.00. Permission to use the adjacent driveways or other means of ingress and egress may also be given by easement appurtenant, license or otherwise. The term of the estate for years or usufruct and the means of ingress and egress shall be subject to the prior approval of the Board of Human Resources.
Section 12. That the Georgia Building Authority (Hospital) shall determine the location of the parcel within the premises and shall cause the parcel to be described by appropriate plat of survey.
ARTICLE 4
Section 13. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 14. That all laws and parts of laws in conflict with this resolution are repealed.

The following amendment was read and adopted:
Representatives McKelvey of the 15th and Childers of the 15th move to amend the Senate substitute to HR 74 as follows:
By changing the figure $650.00 on line 7 page 5 to $10.00.

Representative Childers of the 15th moved that the House agree to the Senate substitute, as amended by the House, to HR 74.
On the motion, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken
Alford

Y Atkins Baker
Y Balkcom Y Barfoot

Y Bargeron Y Barnett,B Y Barnett,M
Bates

Y Beatty Y Benefield
Birdsong Y Blitch

Y Bordeaux Bostick
Y Branch Y Breedlove

WEDNESDAY, MARCH 13, 1991

2477

Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty
Carrell Carter Y Chafm Y Chambless Y Cheeks Y Childers Y Clark.E Clark.H Y Clark,L Y Coker Y Coleman Y Colwell Connell Y Culbreth Y Cummirigs.B Y Cummings,M Y Davis.G Y Davis.M Dixon.H Y Dixon.S YDobbs Y Dover Dunn Y Edwards

Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
YFlynt Godbee
Y Golden YGoodwin
Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Hanner Harris.B Y Harris,J Y Heard Y Henson Y Herbert Y Hightower Holland
Y Holmes Y Howard Y Hudson Y Irwin Y Jackson
Jamieson
Y Jenkins Jones Kilgore

YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane,R Y Langford Y Lawrence Y Lawson YLee
Long Lord Lucas Lupton YMann Y Martin YMcCoy Y McKelvey McKinney.B Y McKinney.C Y Meadows Y Merritt Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M YOrr

On the motion, the ayes were 137, nays 0. The motion prevailed.

Y Orrock Y Padgett
Par ham Y Parrish Y Patten E Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag
Porter Y Poston Y Powell,A Y Powell.C Y Purcell
Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield
Skipper Smith,L
Y Smith,P Smith.T
Y Smith,W Y Smyre

YSnow Stancil.F Stancil.S
Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M
Thomas.N Thurmond Y Titus Y Tolbert Townsend Turnquest Twiggs Y Valenti Y Vaughan Y Walker.J Walker.L Y Wall Y Ware Y Watson
Y Watts White
Y Wilder
Y Williams.B Williams,J
Y Williams.R Y Yeargin
Murphy.Spkr

The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

SB 328. By Senators Dawkins of the 45th, Taylor of the 12th, Robinson of the 16th and others:
A bill to amend Part 12 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to effectiveness of educational programs under the "Quality Basic Education Act," so as to change provisions relating to instruments, procedures, and policies necessary to assess effectiveness; to provide for types of assessments and their implementation and use.

Representative Jamieson of the llth moved that the House adhere to its position in substituting SB 328 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker Pro Tern appointed as a Committee of Conference on the part of the House the following members:
Representatives Kilgore of the 42nd, Porter of the 119th and Jamieson of the llth.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 605. By Representative Heard of the 43rd:
A bill to amend Code Section 8-2-3 of the Official Code of Georgia Annotated, relating to requirements for toilets, shower heads, and faucets in buildings, so as to change effective dates; to prohibit the sale of certain toilets.

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JOURNAL OF THE HOUSE,

Representative Heard of the 43rd moved that the House insist on its position in disagreeing to the Senate substitute to HB 605 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker Pro Tern appointed as a Committee of Conference on the part of the House the following members:
Representatives Heard of the 43rd, Watson of the 114th and Breedlove of the 60th.

Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:

SB 179. By Senators Coleman of the 1st, Alien of the 2nd and Hammill of the 3rd:
A bill to amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to provide for limited immunity from liability for persons responding to an oil spill or threat of an oil spill; to provide for definitions; to provide for applicability; to provide for certain liability regarding removal costs and damages; to provide for liability with respect to certain responsible parties.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to provide that the director of the Environmental Protection Division of the Department of Natural Resources shall not license or permit certain facilities which discharge pollutants under certain circumstances; to provide for limited immunity from liability for persons responding to an oil spill or threat of an oil spill; to provide for definitions; to provide for applicability; to provide for certain liability regarding removal costs and damages; to provide for liability with respect to certain responsible parties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, is amended by inserting at the end of Code Section 12-5-30, relating to permits for the construction and operation of facilities which discharge pollutants into waters of this state and related matters, a new subsection (g) to read as follows:
"(g) Notwithstanding any provision of this Code section or any other law to the contrary, the director shall not allow, license, or permit the construction, modification, or operation of any commercial facility which results or will result in the discharge of any pollutant if the construction, modification, or operation of such facility is or would be in violation of an ordinance of a county or municipal governing authority which proscribes such activity within a stated proximity to a river or stream, and any license or permit so granted prior to July 1, 1991, shall terminate on July 1, 1991."
Section 2. Said chapter is further amended by adding at the end thereof a new article, to be designated Article 7, to read as follows:
"ARTICLE 7
12-5-500. As used in this article, the term: (1) 'Damages' means damages of any kind for which liability may exist under the
laws of this state resulting from, arising out of, or related to the discharge or threatened discharge of oil.

WEDNESDAY, MARCH 13, 1991

2479

(2)'Dischaige' means any emission, other than natural seepage, whether intentional or unintentional, and includes, but is not limited to, spilling, leaking, pumping, pouring, emitting, emptying, or dumping.
(3) 'Federal on-scene coordinator' means the federal official designated by the United States Environmental Protection Agency or the United States Coast Guard to coordinate and direct federal responses under subpart D or the official designated by the lead agency to coordinate and direct removal under subpart E of the National Contingency Plan.
(4) 'National Contingency Plan' means the National Contingency Plan prepared and published under Section 311(d) of the Federal Water Pollution Control Act, 31 U.S.C. 1321(d), as amended by the federal Oil Pollution Act of 1990, Pub. L. No. 101-380, 104 Stat. 484 (1990).
(5) 'Oil' means oil of any kind or in any form, including, but not limited to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil.
(6) 'Person' means an individual, corporation, partnership, association, state, municipality, commission, political subdivision of a state, or any interstate body.
(7) 'Removal costs' means the costs of removal that are incurred after a discharge of oil has occurred or, in any case in which there is a substantial threat of a discharge of oil, the costs to prevent, minimize, or mitigate oil pollution from such an incident.
(8) 'Responsible party' means a responsible party as defined under Section 1001 of the federal Oil Pollution Act of 1990, Pub. L. No. 101-380, 104 Stat. 484 (1990). 12-5-501. (a) Notwithstanding any other provision of law, a person is not liable for removal costs or damages which result from actions taken or omitted to be taken in the course of rendering care, assistance, or advice consistent with the National Contingency Plan or as otherwise directed by the federal on-scene coordinator or by any state official with responsibility for oil spill response. (b) Subsection (a) of this Code section shall not apply:
(1) To a responsible party; (2) With respect to personal injury or wrongful death; (3) If the person is grossly negligent or engages in willful misconduct; or (4) To a response under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. Section 9601, et seq.). (c) A responsible party shall be liable for any removal costs and damages that another person is relieved of under subsection (a) of this Code section. (d) Nothing in this Code section shall affect the liability of a responsible party for oil spill response under any applicable state law."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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, by substitute, the ayes were 98, nays 14.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

SB 183. By Senators Garner of the 30th and Olmstead of the 26th:
A bill to amend Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing, so as to provide for the solicitation of sealed bids where the anticipated purchase is in excess of $10,000.00; to provide for advertisement in a newspaper of state-wide circulation when the anticipated purchase will exceed $50,000.00; to provide that any official who willfully makes purchases in violation of this Act shall be liable for the cost thereof; to provide an effective date.

The following amendments were read and adopted:

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JOURNAL OF THE HOUSE,

Representatives Howard of the 85th and White of the 132nd move to amend SB 183 as follows:
By striking on p. 1, line 23 the word "ten" and substituting the words "fifteen working day".

Representatives Brown of the 88th and McKinney of the 40th move to amend SB 183 as follows:
By adding after "thereof on line 9 page 1 the following:
"To add a part relative to minority business and procedures."
To add a new Section 3 on page 4 to read as follows:
(ATTACH)
And by renumbering Sections 3 & 4 as 4 & 5.
Section 3. Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing, is amended by adding at the end thereof a new Part 4 to read as follows:
"Part 4
50-5-130. The General Assembly recognizes that the preservation and expansion of the American economic system of private enterprise is through free competition, but it also recognizes that the security and well-being brought about by such competition cannot be realized unless the actual and potential capacity of minority business enterprises is encouraged and developed. Therefore, it is the intent of the General Assembly that the state define a 'minority business enterprise' for purposes of representation in the area of procurement of state contracts for construction, services, equipment, and goods.
50-5-131. As used in this part, the term: (1) 'Minority' means an individual who is a member of a race which comprises less
than 50 percent of the total population of the state. (2) 'Minority business enterprise' means a small business concern which is owned
and controlled by one or more minorities and is authorized to do and is doing business under the laws of this state, paying all taxes duly assessed, and domiciled within this state.
(3) 'Owned and controlled' means a business: (A) Which is at least 51 percent owned by one or more minorities or, in the case
of a publicly owned business, at least 51 percent of all classes or types of the stock is owned by one or more minorities; and
(B) Whose management and daily business operations are controlled by one or more minorities. 50-5-132. (a) Any minority business enterprise that desires to claim such status under any law of this state or any regulation promulgated pursuant thereto shall first apply for certification, in addition to any other certification required by the provisions of 49 C.F.R. 23, to the Department of Administrative Services. (b) The Department of Administrative Services shall certify a business which meets the eligibility requirement of this part to qualify as a minority business enterprise. To qualify as a minority business enterprise, the business shall: (1) Be a minority business enterprise; (2) Submit any documentary evidence to support its status as a minority business enterprise; (3) Sign an affidavit stating that it is a minority business enterprise; (4) Be qualified to bid pursuant to the provisions of the Department of Administrative Services and other state agencies; and (5) Present:
(A) An application, including the entire business history of the operation;

WEDNESDAY, MARCH 13, 1991

2481

(B) Birth certificates for all minority principals; (C) If Native American, a tribal registration card or certificate; (D) Current resumes on all principals, key managers, and other key personnel; (E) A current financial statement; (F) Proof of investment by principals; (G) Loan agreements; (H) Lease or rental agreement for space and equipment; (I) Evidence of latest bond; (J) If the applicant is a sole proprietor, a copy of a blank signature card; (K) If the applicant is a partnership, a copy of the partnership agreement; and (L) If the applicant is a corporation, articles of organization, corporation bylaws, copies of all stock certificates, minutes of the first corporate organizational meeting, bank resolution on all company accounts, and a copy of the latest United States corporate tax return. (c) The Department of Administrative Services shall prepare and maintain a list of certified minority business enterprises. (d) The Department of Administrative Services may deny certification to any minority business enterprise which does not qualify as such under the provisions of this part. Any person adversely affected by an order of the Department of Administrative Services denying certification as a minority business enterprise may appeal as provided in the regulations of the Department of Administrative Services. 50-5-133. (a) It shall be unlawful for a person to: (1) Knowingly and with intent to defraud, fraudulently obtain, retain, attempt to obtain or retain, or aid another in fraudulently obtaining or retaining or attempting to obtain or retain, certification as a minority business enterprise for the purposes of this part; (2) Knowingly and willfully make a false statement with the intent to defraud, whether by affidavit, report, or other representation, to a state official or employee for the purpose of influencing the certification or denial of any certification of any entity as a minority business enterprise; (3) Knowingly and willfully obstruct, impede, or attempt to obstruct or impede any state official or employee who is investigating the qualifications of a business entity which has requested certification as a minority business enterprise; (4) Knowingly and willfully with intent to defraud, fraudulently obtain, attempt to obtain, or aid another person in fraudulently obtaining or attempting to obtain, public moneys to which the person is not entitled under this part; or (5) Knowingly and willfully assign any contract awarded pursuant to the Department of Administrative Services to any other business enterprise without prior written approval of the Department of Administrative Services. (b) Any person convicted of violating any provision of this Code section shall be guilty of a felony, punishable by imprisonment for not more than five years or a fine of not more than $10,000.00 or both such imprisonment and fine. (c) If a contractor, subcontractor, supplier, subsidiary, principal, or affiliate thereof has been found to have violated this Code section and that violation occurred within three years of another violation of this Code section, the Department of Administrative Services shall prohibit that contractor, subcontractor, supplier, subsidiary, or affiliate thereof from entering into a state project or state contract; from further bidding to a state entity; from being a subcontractor to a contractor for a state entity; and from being a supplier to a state entity."

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, as amended, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

2482

JOURNAL OF THE HOUSE,

The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

SB 357. By Senators Foster of the 50th, Deal of the 49th and Johnson of the 47th:
A bill to amend Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Industry, Trade, and Tourism, so as to provide for state funding of local welcome centers; to provide for criteria for funding; to provide for restrictions on the use of such funding; to provide for audits and inspections; to provide for withholding of funds; to provide for discontinuation of funding.

Representative Kilgore of the 42nd moved that the House adhere to its position in amending SB 357 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker Pro Tern appointed as a Committee of Conference on the part of the House the following members:
Representatives Kilgore of the 42nd, Watson of the 114th and Coleman of the 118th.

The following Bill of the Senate was taken up for the purpose of considering the Senate amendment to the House substitute thereto:

SB 367. By Senator Deal of the 49th:
A bill to amend Code Section 16-12-35 of the Official Code of Georgia Annotated, relating to manufacture and sale of printed materials and equipment for use in a lottery conducted by a state or foreign country, so as to delete the provisions requiring such lottery to be conducted by a state or foreign country.

The following Senate amendment was read:

Amend the House substitute to SB 367 by striking from line 4 of page 1 the following: "delete", and inserting in lieu thereof the following: "change". By inserting after the word "a" on line 5 of page 1 the following: "state or". By inserting following the word "state" on lines 21 and 22 of page 1 the following: "or a political subdivision of that state".

Representative Lawson of the 9th moved that the House agree to the Senate amendment to the House substitute to SB 367.
On the motion, the ayes were 93, nays 0.
The motion prevailed.

WEDNESDAY, MARCH 13, 1991

2483

The following Bills of the House were taken up for the purpose of considering the Senate amendments thereto:

HB 317. By Representative Herbert of the 76th:
A bill to amend Part 1A of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, known as the "Nonpublic Postsecondary Educational Institutions Act of 1990," so as to change the provisions relative to certain definitions; to change the provisions relative to qualifications of certain personnel of postsecondary educational institutions.

The following Senate amendment was read:

Amend HB 317 as follows:
By striking from line 12 on page 1 the following:
"to provide for other matters relative to the foregoing;",
and inserting in lieu thereof the following:
"to provide for the transfer of certain personnel; to amend the Act enacting the 'Nonpublic Postsecondary Educational Institutions Act of 1990,' approved April 11, 1990 (Ga. L. 1990, p. 1166), so as to delete the provisions relating to a delayed effective date; to provide for other matters relative to the foregoing; to provide an effective date;".
By renumbering Section 7 as Section 10 and by adding new Sections 7, 8, and 9 to read as follows:
"Section 7. Said part is further amended by designating the present language of Code Section 20-3-250.24, relating to compensation and benefits of employees, as subsection (a) of that Code section and by adding at the end thereof a new subsection (b) to read as follows:
'(b) Those positions and employees of the Department of Education which are assigned the sole responsibility for management, professional, and clerical services to nonpublic postsecondary schools and proprietary schools programs are transferred to the commission. All such employees transferred to the commission shall retain all existing rights under the state merit system, the Employees' Retirement System of Georgia, and the Teachers Retirement System of Georgia.'
Section 8. An Act enacting the 'Nonpublic Postsecondary Educational Institutions Act of 1990,' approved April 11, 1990 (Ga. L. 1990, p. 1166), is amended by striking Section 6 which reads as follows:
'Section 6. This Act shall become effective on July 1, 1991, except that this Act shall be effective on July 1, 1990, for the purpose of allowing the Governor to screen and select persons for appointment to the Nonpublic Postsecondary Education Commission on July 1, 1991, and for the purpose of beginning the transfer of records, files, and accounts as specified in Code Section 20-3-250.25 and for other administrative purposes as necessary to prepare for the implementation of this Act on July 1, 1991.',
in its entirety.
Section 9. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval."

Representative Herbert of the 76th moved that the House agree to the Senate amendment to HB 317.

2484

JOURNAL OF THE HOUSE,

On the motion, the ayes were 95, nays 0. The motion prevailed.

HB 849. By Representatives Redding of the 50th, Orrock of the 30th, Carrell of the 65th, Henson of the 57th, Mueller of the 126th and others:
A bill to amend Article 1 of Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions regarding the practice of dentistry, so as to provide that all signs, cards, announcements, advertisements, or methods used to state that dentistry may be practiced shall not be required to list the full names of each individual practicing dentistry in such place.

The following Senate amendment was read:

Amend HB 849 as follows: Line 24 page 1 delete the word "NOT". Line 25 page 1 delete (S) on word "NAMES" and delete the word "each". Line 25 page 1 add after word "of "AT LEAST ONE".

Representative Redding of the 50th moved that the House agree to the Senate amendment to HB 849.
On the motion the ayes were 102, nays 0.
The motion prevailed.

The following Bill of the Senate was taken up for the purpose of considering the Senate amendment to the House substitute thereto:

SB 93. By Senator Johnson of the 47th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to add a new chapter authorizing and regulating orders not to resuscitate certain patients; to provide legislative findings; to provide definitions; to provide for certain presumptions; to provide for the legality of certain orders not to resuscitate.

The following Senate amendment was read:

Amend the House substitute to SB 93 by striking from lines 8 through 10 of page 5 the following:
"(13) 'Noncognitive state' means that state which is a total and irreversible loss of conscious capacity for interaction with the environment."

The following amendment was read and adopted:

Representatives Thomas of the 69th and Dixon of the 128th move to amend the House substitute to SB 93, as amended by the Senate, by striking all the language from lines 31 through 32 of page 3 and inserting the following:
"(B) Is in a noncognitive state with no reasonable possibility of regaining cognitive functions; or".

WEDNESDAY, MARCH 13, 1991

2485

Representative Thomas of the 69th moved that the House agree to the Senate amendment to the House substitute, as amended by the House, to SB 93.

On the motion, the ayes were 102, nays 0. The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 272. By Representative Pettit of the 19th:
A bill to amend Chapter 11 of Title 25 of the Official Code of Georgia Annotated, known as the "Georgia Fire Sprinkler Act," so as to change the definition of the terms "fire protection sprinkler system" and "water-spray system"; to provide that the installation or repair of any underground facilities or piping which connects to and furnishes water for the fire protection sprinkler system or water-spray system shall be performed only by a utility contractor or fire protection sprinkler contractor.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 272

The Committee of Conference on HB 272 recommends that the Senate recede from its position and that HB 272 as it passed the House of Representatives be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Wayne Garner Senator, 30th District

Is/ Hugh Boyd Pettit III Representative, 19th District

/s/ Joseph Hammill Senator, 3rd District

/s/ Roy H. Watson, Jr. Representative, 114th District

/s/ Culver Kidd Senator, 25th District

/a/ George F. Green, M.D. Representative, 106th District

Representative Pettit of the 19th moved that the House adopt the report of the Committee of Conference on HB 272.
On the motion, the ayes were 91, nays 3.
The motion prevailed.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House:

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HB 324. By Representatives Cummings of the 134th, McKinney of the 35th, Thomas of the 55th, Brooks of the 34th, Chambless of the 133rd and others:
A bill to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to provide that it shall be unlawful for a person to knowingly sell any real or personal property in exchange for any criminally derived property.

HB 36. By Representatives Simpson of the 70th and Thomas of the 69th:
A bill to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing in general, so as to provide that paper products purchased and contracted for by the Department of Administrative Services shall be paper products manufactured from recycled paper or fiber if the price offered is within 10 percent of the price paid for paper products currently being used by the state.

HB 241. By Representatives Lord of the 107th, Poston of the 2nd, Breedlove of the 60th, Wall of the 61st, Barfoot of the 120th and others:
A bill to amend Code Section 38-3-27 of the Official Code of Georgia Annotated, relating to local organizations for emergency management, so as to provide that the governing authority of each county shall establish a local organization for emergency management; to authorize cities to establish local organizations for emergency management.

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

HB 894. By Representatives Teper of the 46th and Redding of the 50th:
A bill to amend Chapter 13 of Title 31 of the Official Code of Georgia Annotated, the "Georgia Radiation Control Act," so as to require any existing general or specific licensee and any applicant for a general or specific license to operate radiation-generating equipment to post a bond to ensure financial responsibility in certain contingencies.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 280. By Representatives Pettit of the 19th and Watson of the 114th:
A bill to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities, so as to add a new Chapter 3A requiring integrated resource planning by electric utilities.

The following Senate substitute was read:

A BILL
To amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities, so as to add a new Chapter 3A requiring integrated resource planning by electric utilities; to provide for definitions; to provide for an integrated resource plan, filings and contents thereof, hearings thereon, fees therefor, and action by the Public Service Commission thereon; to require certification prior to construction or sale of electric plants, longterm power purchases, expenditures for demand-side capacity options, and certain

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increases or decreases in capacity; to provide for applications for certificates and the contents thereof, fees therefor, and hearings thereon; to provide for a statement of intent; to provide for commission orders and failure to act; to provide for contents of and certain actions relating to certificates; to provide for certificate reexaminations and the powers of the commission and recovery rights of the utility with regard thereto; to provide for recovery of construction costs, for ongoing review of construction and for revisions, actions by the commission relating to construction, and investment recovery; to provide for recovery of costs and other returns for plant construction, certificated power purchases, and demand-side capacity options; to provide for sharing of certain benefits; to provide for the basis of commission decisions and judicial review thereof but otherwise limit relitigation; to provide for rates; to provide for presumptions; to limit certificate preemption of certain matters; to provide for inapplicability and exemptions; 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 46 of the Official Code of Georgia Annotated, relating to public utilities, is amended by adding immediately following Chapter 3 a new Chapter 3A to read as follows:
"CHAPTER 3A
46-3A-1. As used in this chapter: (1) 'Capacity resource' means an electric plant, a long-term power purchase, or a
demand-side capacity option. (2) 'Commission' means the Georgia Public Service Commission. (3) 'Construction' means clearing of land, excavation, or other substantial activity
leading to the operation of an electric plant other than planning, land surveying, land acquisition, subsurface exploration, design work, licensing or other regulatory activity, contracting for construction, or environmental protection measures and activities associated therewith.
(4) 'Demand-side capacity option' means a program proposed by a utility or the commission for the reduction of future electricity requirements the utility's Georgia retail customers would otherwise impose, including, but not limited to, conservation, load management, cogeneration, and renewable energy technologies.
(5) 'Electric plant' means any facility, or the portion of a facility, that produces electricity or that, at the time application for certification is made pursuant to this chapter, is intended to produce electricity for a utility's Georgia retail customers. 'Electric plant' includes the realty and ancillary facilities for the construction of the plant.
(6) 'Long-term power purchase' means a purchase of electric capacity and energy for a period exceeding one year, the principal purpose of which is to supply the requirements of the Georgia retail customers of a utility.
(7) 'Plan' means an integrated resource plan which contains the utility's electric demand and energy forecast for at least a 20 year period, contains the utility's program for meeting the requirements shown in its forecast in an economical and reliable manner, contains the utility's analysis of all capacity resource options, including both demand-side and supply-side options, and sets forth the utility's assumptions and conclusions with respect to the effect of each capacity resource option on the future cost and reliability of electric service. The plan shall also:
(A) Contain the size and type of facilities which are expected to be owned or operated in whole or in part by such utility and the construction of which is expected to commence during the ensuing ten years or such longer period as the commission deems necessary and shall identify all existing facilities intended to be removed from service during such period or upon completion of such construction;
(B) Contain practical alternatives to the fuel type and method of generation of the proposed electric generating facilities and set forth in detail the reasons for selecting the fuel type and method of generation;

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(C) Contain a statement of the estimated impact of proposed and alternative generating plants on the environment and the means by which potential adverse impacts will be avoided or minimized;
(D) Indicate in detail the projected demand for electric energy for a 20 year period and the basis for determining the projected demand;
(E) Describe the utility's relationship to other utilities in regional associations, power pools, and networks;
(F) Identify and describe all major research projects and programs which will continue or commence in the succeeding three years and set forth the reasons for selecting specific areas of research;
(G) Identify and describe existing and planned programs and policies to discourage inefficient and excessive power use; and
(H) Provide any other information as may be required by the commission. (8) 'Supply-side capacity option' means an electric plant, a long-term power purchase, or any other source of additional energy. (9) 'Utility' means any electric supplier whose rates are fixed by the commission. 46-3A-2. (a) On or before January 31, 1992, and at least every three years thereafter as may be determined by the commission, each utility shall file with the commission an integrated resource plan as described in this chapter. (b) Not more than 60 days after a utility has filed its plan, the commission shall convene a public hearing on the adequacy of the plan. At the hearing any interested person may make comments to the commission regarding the contents and adequacy of the plan. After the hearing, the commission shall determine whether: (1) The utility's forecast requirements are based on substantially accurate data and an adequate method of forecasting; (2) The plan identifies and takes into account any present and projected reductions in the demand for energy which may result from measures to improve energy efficiency in the industrial, commercial, residential, and energy-producing sectors of the state; and (3) The plan adequately demonstrates the economic, environmental, and other benefits to the state and to customers of the utility, associated with the following possible measures and sources of supply:
(A) Improvements in energy efficiency; (B) Pooling of power; (C) Purchases of power from neighboring states; (D) Facilities which operate on alternative sources of energy; (E) Facilities that operate on the principle of cogeneration or hydro-generation; and (F) Other generation facilities and demand-side options. (c) Within 120 days after the filing of each integrated resource plan, the commission shall approve and adopt an integrated resource plan.
46-3A-3. (a) After January 31, 1992, no utility shall commence the construction of an electric plant, sell an existing plant or any portion thereof which is included in the retail rate base or which has been certified, enter into a long-term purchase of electric power, or make expenditures for a demand-side capacity option for serving the utility's Georgia retail customers without having first obtained from the commission a certificate that public convenience and necessity requires, or will require, such construction, sale, purchase, or expenditure.
(b) No utility shall increase or decrease the capacity of:
(1) A generating unit of an electric power plant;
(2) A long-term power purchase; or
(3) A demand-side capacity option
by more than 15 percent of its demonstrated capacity in megawatts for serving the utility's Georgia retail customers without first obtaining a certificate or an amendment to a certificate, as appropriate, that public convenience or necessity requires or will require such increase or decrease; provided, however, no certificate shall be required if the increase or decrease is caused by a rule, regulation, or law mandated by any duly

WEDNESDAY, MARCH 13, 1991

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constituted local, state, or federal governmental body or agency or is caused by power pooling, forced or maintenance outages, or short-term sales for a period of less than one year.
46-3A-4. (a) The commission shall issue a certificate upon a finding that there is or will be a need for the proposed capacity resource at the time that the proposed resource is proposed to be utilized to assure an economical and reliable supply of electric power and energy for the Georgia retail customers of a utility, that the certificate is required by the public convenience and necessity, and that the certificate complies with the provisions of this chapter and the rules of the commission.
(b) The utility's application for a certificate shall be accompanied by its current integrated resource plan, whether or not previously filed.
(c) The utility's application for a certificate shall contain a cost-benefit analysis covering the estimated useful life of all capacity resource options considered in developing its current integrated resource plan. The estimated cost of the capacity resource proposed to be certificated shall be presented in such reasonable detail as the commission may require.
46-3A-5. (a) A utility seeking a certificate or an amendment to a certificate shall make an application to the commission which contains the information required by this chapter.
(b) No sooner than 30 days after an application is made for a certificate or an amendment, the commission shall conduct a public hearing on the application. Within 300 days after filing of the first such application and within 180 days after filing of each application thereafter, the commission shall issue an order adopting a forecast of future Georgia retail electricity requirements of the utility and describing in what manner the prospective certificate relates to the integrated resource plan and either granting the requested certificate or denying the requested certificate and authorizing a specific alternative means of supplying the requirements found by the commission to exist. Each certificate shall describe the capacity resource, its approximate construction or implementation schedule, and its approved cost. If the commission fails to so act within 300 days after the first such application has been made and within 180 days after each subsequent application has been made, the forecast application and certificate shall be deemed granted by operation of law.
(c) Within 60 days after the filing of an integrated resource plan or an application has been made with the commission for a certificate or amendment, the commission shall establish a fee therefor and notify the applicant thereof. The fee amount so established shall be in an amount reasonably necessary to defray the expense of the commission in reviewing the plan or determining whether to grant the application, including but not limited to the expense of conducting any certification proceedings required for such application. The fee so established shall not be recoverable from ratepayers of the applicant if the application or certification is denied nor shall the fee for review of the plan or any subsequent amendment thereto be recoverable from ratepayers. Such fee must be remitted to the commission before the commission may take any further action upon the application. For purposes of any time periods established in subsection (b) of this Code section and subsection (c) of Code Section 46-3A-2, an application shall be deemed to have been filed only when the fee established therefor has been remitted to the commission. In the event a joint application is filed by more than one utility, a single such fee only shall be required. The funds assessed and collected pursuant to this subsection shall be deposited in the state's general fund.
46-3A-6. Upon application of a utility or upon its own motion, the commission may reexamine any certificate granted under this chapter to determine whether new forecasts of future requirements require the modification of the construction, purchase, sale, or expenditure for a certificated capacity resource. If upon such reexamination the commission finds that the certificated capacity resource is no longer needed or that any additional certificated capacity resource is needed to assure a reliable supply of electric power and energy for the utility's Georgia retail customers, the commission may modify or revoke the certificate. If the utility cancels, abandons, or increases some or all of the capacity resource as a result of such modification or revocation of the certificate, it may

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recover through any rate-making vehicle over a reasonable period of time, absent fraud, concealment, failure to disclose a material fact, imprudence, or criminal misconduct, the amount of its investment in such capacity resource, along with the cost of carrying the unamortized portion of that investment, net of actual salvage value, to the extent such investment is verified as made pursuant to the certificate. The commission shall disallow such investment and costs resulting from fraud, concealment, failure to disclose a material fact, imprudence, or criminal misconduct.
46-3A-7. (a) So long as the commission has not modified or revoked the certificate for an electric plant under Code Section 46-3A-6 and to the extent the utility seeks to add to its rate base upon completion of the plant construction costs that do not exceed 100 percent of those approved by the commission under Code Section 46-3A-5, Code Section 46-3A-6, or subsection (b) of this Code section, that construction cost amount may be excluded from the rate base only on the basis of fraud, concealment, failure to disclose a material fact, imprudence, or criminal misconduct. Inclusion of costs in excess of 100 percent of those approved by the commission shall not be permitted unless shown by the utility to have been reasonable and prudent.
(b) In addition to the review of the continuing need for an electric plant under construction prescribed in Code Section 46-3A-6, the commission, upon its own motion, may conduct or the utility may request that the commission conduct an ongoing review of such construction as it proceeds. Every one to three years, or at such lesser intervals upon the direction of the commission or request of the utility, the applicant shall file a progress report and any proposed revisions in the cost estimates, construction schedule, or project configuration. Within 180 days of such filing, the commission shall verify and approve or disapprove expenditures made pursuant to the certificate and shall approve, disapprove, or modify any proposed revisions. If the commission fails to so act within 180 days after such filing, the previous expenditures and any proposed revisions shall be deemed approved by operation of law.
(c) If the commission verifies expenditures as made pursuant to a certificated capacity resource, that verification forecloses subsequent exclusion of those costs from the utility's rate base, absent fraud, concealment, failure to disclose a material fact, imprudence, or criminal misconduct.
(d) If the commission disapproves of all or part of the proposed revisions and the utility cancels construction of some or all of the facility as a result of the disapproval, the utility may recover through any rate-making vehicle over a reasonable period of time, absent fraud, concealment, failure to disclose a material fact, imprudence, or criminal misconduct, the amount of its actual investment, net of actual salvage value, in the partially completed portion of the facility along with the cost of carrying the unamortized balance of that investment to the extent such investment is verified as made pursuant to the certificate.
46-3A-8. The approved or actual cost, whichever is less, of purchase of any certificated long-term power purchase shall be recovered in rates by the utility, along with an additional sum as determined by the commission to encourage such purchases. The commission shall consider lost revenues, if any, changed risks, and an equitable sharing of benefits between the utility and its retail customers.
46-3A-9. The approved or actual cost, whichever is less, of any certificated demandside capacity option shall be recovered by the utility in rates, along with an additional sum as determined by the commission to encourage the development of such resources. The commission shall consider lost revenues, if any, changed risks, and an equitable sharing of benefits between the utility and its retail customers.
46-3A-10. In setting rates for any certificated capacity resource, the commission shall consider changed revenues and changed risks, if any. The commission's decision in any certification, recertification, modification, or construction review proceeding shall be based on evidence of record. Compliance with the provisions of the certificate as approved or modified by the commission shall result in a presumption of prudence. The commission's findings, although subject to judicial review, shall not be subject to relitigation in any other proceeding; provided, however, the issuance of a certificate under this Code section shall not preempt any duly constituted local, state, or federal

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governmental body or agency from its regulation of environmental or safety matters incidental to construction of electric generating plants.
46-3A-11. This chapter shall not apply to any provider of wholesale or retail electric service whose rates are not fixed by the commission."
Section 2. This Act shall become effective on January 1, 1992.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Pettit of the 19th moved that the House agree to the Senate substitute to HB 280.
On the motion the ayes were 111, nays 8.
The motion prevailed.

The following Resolution of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:

HR 286. By Representatives Smith of the 152nd, Coleman of the 118th, Benefield of the 72nd, Alford of the 57th, Walker of the 115th and others:
A resolution endorsing Amtrak's proposed resumption of passenger rail service between Chicago and Florida with extensive service through Georgia.

Representative Smith of the 152nd moved that the House insist on its position in disagreeing to the Senate amendment to HR 286 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker Pro Tern appointed as a Committee of Conference on the part of the House the following members:
Representatives Smith of the 152nd, Coleman of the 118th and Lane of the lllth.

The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon:

SB 39. By Senators Turner of the 8th, Deal of the 49th, Broun of the 46th and others:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Fair Business Practices Act of 1975," so as to prohibit merchants from requiring a purchaser's telephone number as a condition of purchase when payment for the transaction is made by credit card.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 39

The Committee of Conference on SB 39 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of
Conference Substitute to SB 39 be adopted.

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FOR THE SENATE:
1*1 Loyce W. Turner Senator, 8th District
/s/ Pete Robinson Senator, 16th District
/s/ Frank A. Albert Senator, 23rd District

Respectfully submitted,
FOR THE HOUSE OF REPRESENTATIVES:
/s/ Roy H. Watson, Jr. Representative, 114th District
/s/ Roger Byrd Representative, 153rd District
/s/ Jim Griffin Representative, 6th District

A BILL
To amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Fair Business Practices Act of 1975," so as to prohibit merchants from requiring a purchaser's telephone number as a condition of purchase when payment for the transaction is made by credit card; to prohibit a merchant from using a purchaser's credit card to imprint information on a check or draft of the purchase as a condition of acceptance of such check or draft; to prohibit a merchant from recording a purchaser's credit card number as a condition of acceptance of a purchaser's check or draft; to provide that a merchant shall not be prohibited from requesting the display of a credit card under certain conditions; to provide that a merchant shall not be prohibited from recording certain credit card information under certain conditions; to provide a definition; to provide a penalty; to provide for cease and desist orders or civil penalties to be issued by the administrator of Consumer Affairs with respect to the violation of certain provisions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Fair Business Practices Act of 1975," is amended by adding immediately following Code Section 10-1-393.2 a new Code section, to be designated Code Section 10-1-393.3, to read as follows:
"10-1-393.3. (a) As used in this Code section, the term 'merchant' means any person who offers goods, wares, merchandise, or services for sale to the public and shall include an employee of a merchant.
(b) A merchant shall be prohibited from requiring a purchaser to provide the purchaser's personal or business telephone number as a condition of purchase when payment for the transaction is made by credit card.
(c) A merchant shall be prohibited from using a purchaser's credit card to imprint the information contained on the credit card on the face or back of a check or draft from the purchaser as a condition of acceptance of such check or draft as payment for a purchase.
(d) A merchant shall be prohibited from recording in any manner the number of a purchaser's credit card as a condition of acceptance of a check or draft of the purchaser as payment for a purchase.
(e) Any merchant who violates the provisions of this Code section shall be subject to the penalties provided in this part.
(f) This Code section shall not prohibit a merchant from: (1) Recording a credit card number and expiration date as a condition to cashing
or accepting a check where the merchant has agreed with the credit card issuer to cash or accept such checks as a service to the issuer's cardholders and the issuer has agreed with the merchant to guarantee payment of all cardholder checks cashed or accepted by the merchant.
(2) Requesting a purchaser to display a credit or charge card as a means of identification, or as an indication of credit worthiness or financial responsibility; or

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(3) Recording on the check or elsewhere the type of credit or charge card displayed for the purposes of paragraph (2) of this subsection and the credit or charge card expiration date; or
(4) Recording the address or telephone number of a credit cardholder if the information is necessary for the shipping, delivery, or installation of consumer goods, or for special orders of consumer goods or services. (g) This Code section shall not require acceptance of a check or draft because a credit card is presented."
Section 2. Said part is further amended by striking the introductory language of subsection (a) of Code Section 10-1-397, relating to the authority of the administrator to issue cease and desist orders or civil penalties, and inserting in lieu thereof new introductory language to read as follows:
"(a) Whenever it may appear to the administrator that any person is using, has used, or is about to use any method, act, or practice declared by Code Section 10-1-393, by Code Section 10-1-393.1, Code Section 10-1-393.2, Code Section 10-1-393.3, or by regulations made under Code Section 10-1-394 to be unlawful and that proceedings would be in the public interest, whether or not any person has actually been misled, he may:".
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Byrd of the 153rd moved that the House adopt the report of the Committee of Conference on SB 39.
On the motion, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken
Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot
Bargeron Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Bostick Y Branch Y Breedlove Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Chafm Y Chambless
Y Cheeks Y Childers Y Clark,E Y Ctark.H

Y Clark,L Y Coker Y Coleman
Y Colwell Connell
Y Culbreth Cummings,B Cummings.M Davis.G
Y Davis.M Y Dim,H Y Dixon,S Y Dobbs Y Dover
Dunn Y Edwards Y Elliott
Y Felton Fennel
Y Floyd,J.M Y Floyd,J.W
YFlynt YGodbee Y Golden Y Goodwin
Y Green Greene
Y Griffin Y Groover Y Hamilton Y Hammond Y Hanner
Y Harris,B Y Harris,J Y Heard Y Henson

Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins
Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas
Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney.B McKinney.C
Y Meadows Y Merritt Y Milam Y Mills

On the motion, the ayes were 148, nays 1. The motion prevailed.

Y Mobley Moody
Y Morsberger Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr Y Orrock
Y Padgett Y Parham Y Parrish
Patten E Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag
Porter Y Poston N Powell,A Y Powell.C Y Purcell Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield
Skipper
Y Smith,L

Y Smith,P Smith.T
Y Smith,W YSmyre YSnow Y Stancil.F
StanciLS Y Stanley Y Stephens
Y Streat Y Taylor Y Teper
Thomas,C Y Thomas.M Y Thomas.N
Y Thurmond Y Titus Y Tolbert
Townsend Y Turnquest
Twiggs Y Valenti Y Vaughan Y Walker,J
WalkerJL YWall
Ware Y Watson Y Watts
White Y Wilder Y Williams.B
Williams,J Y Williams.R Y Yeargin
Murphy,Spkr

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The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 537. By Representatives Jenkins of the 80th, Moultrie of the 93rd, Walker of the 113th, Martin of the 26th and Ray of the 98th:
A bill to amend Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to costs in the probate courts, so as to change the court costs for certain services.

The following Senate substitute was read:

A BILL
To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide that the clerks of the probate courts or the probate judges acting as clerks shall be authorized to consolidate or combine books, dockets, and indices; to authorize the use of electronic or automated methods or systems of record keeping; to change the court costs for certain services; to change the fee for an application for a search or arrest warrant or a bad check citation; 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 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking Code Section 15-9-37, relating to duties of clerks or probate judges acting as clerks, in its entirety and inserting in lieu thereof the following:
"15-9-37. (a) It is the duty of clerks of the probate courts, or the judges of the probate courts acting as such:
(1) To issue all citations required by law and to administer all oaths incident to the business of the court;
(2) To grant temporary letters of administration; (3) To grant marriage licenses; (4) To issue all writs of fieri facias for costs on all judgments of the judge or other process necessary to enforce them; (5) To issue subpoenas for witnesses and all similar process in connection with a trial; (6) To issue any paper or process by order of the judge and bearing teste in his name; (7) To keep fair and regular minutes of each session of the court entered in a suitable book and perform such other services as the judge may require; but any minutes, dockets, or other records required to be kept as records of the probate court under this paragraph or paragraph f?) or (8) of this Code section or under any other law may be combined into one or more suitable books, as the ends of justice require, but in any case shall be indexed, permanent, economical, and accessible to the public; (8) To keep in their offices a suitable book for each of the following purposes:
(A) Record of wills; (B) Record of all letters of administration and guardianship; (C) Record of all bonds given by administrators and guardians; (D) Record of all appraisements, inventories, and schedules; (E) Record of all accounts of sales; (F) Record of all current accounts authorized to be made to the judge, together with the vouchers accompanying the same; (G) Record of all marriage licenses and the returns thereon; (H) Record of all official bonds required to be recorded in the office of the judge; and (I) Docket in which to enter all applications and other proceedings, in the order they are made, which shall be called in like order at each session;

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(9) To procure and preserve for public inspection a complete file of all newspaper issues in which their advertisements actually appear;
(10) To keep their books and papers arranged, filed, labeled, and indexed, as clerks are required to do;
(11) To give transcripts likewise as clerks are required to do, and when the judge of the probate court and the clerk are the same person, so to state in the certificates;
(12) To keep and maintain facilities for the filing of wills of persons who are still alive; and
(13) To perform any other duty required of them by law or which is indispensable to those required. (b) Nothing in this Code section shall restrict or otherwise prohibit a clerk or a probate judge acting as such from electing to store for computer retrieval any or all records, dockets, indices, or files; nor shall a clerk or a probate judge acting as such 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 or a probate judge acting as such 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."
Section 2. Said title is further amended by striking subsections (a), (b), and (c) of Code Section 15-9-60, relating to costs in the probate courts, in their entirety and inserting in lieu thereof new subsections (a), (b), and (c) to read as follows:
"(a) The judges of the probate courts are entitled to the following court costs for specific services:
(1) Temporary letters of administration:
Receiving applications; docketing and filing applications; services in determining necessity for temporary administration and entitlement of petitioner or other nominee thereto; order appointing; bond taking, approving, and filing; issuing oath; and issuing letters; excluding recording cost...............................................................................................................$ 32:66 41.00
(2) Permanent letters of administration:
Receiving applications; docketing and filing applications; granting and issuing citation and copy for legal gazette; services in determining statutory compliance in publication of citation, residence, and intestacy of deceased, necessity for administration, and entitlement of petitioner or other nominee thereto; order of appointment; bond, taking, approving, and filing; issuing oath; and issuing letters; excluding recording cost........ 30.60 49.00
(3) Cost of probating wills in common form:
Receiving and filing will; receiving application; docketing and filing application; hearing evidence on probate and determining issue of devisavit vel non; order of probate and appointing executor; and issuing letters; excluding recording cost.......................................................................... 80.00 38.00
(4) Cost of probating in solemn form:
Filing will for purpose of probating 'in solemn form'; receiving application; docketing and filing application; order for service, including all citations issued in connection therewith; hearing evidence upon the probate and determining issue of devisavit vel non; order of probate and appointing executor (or order denying same); oath of executor; and issuing letters; excluding recording cost................................................. 40.00 50.00

2496

JOURNAL OF THE HOUSE,

(5) Guardian ad litem (in probate of wills in solemn form and in all other proceedings where such is necessary):
Services in determining necessity for the appointment of guardian ad litem; receiving and examining answer of guardian ad litem; and copy of service; excluding recording cost........................................................ MX) 6.00
(6) Letters of guardianship of minors (includes temporary and permanent guardianships of the person or property):
Receiving application; docketing and filing application and issuing all necessary citations, if any; services in determining necessity therefor and entitlement of petitioner or other nominee thereto; order appointing guardian; bond, taking, approving, and filing (person or property); issuing oath; and issuing letters; excluding recording cost ................ 32.60 41.00
(7) Year's support:
All services of the probate court (except sheriff service and advertising), excluding recording cost........................................................................... 30.60 49.00
Recording certificate in superior court...................................................... &QO 4.00
(8) Conveying or encumbering a year's support:
Whole service, excluding recording cost .................................................... 26.00 33.00
(9) Division in kind:
Receiving application; docketing and filing application; order appointing freeholders; commission to freeholders; and recording plat (see clerk's fees); excluding recording cost................................................................ 30.60 49.00
(10) Compromise claim:
Receiving application; docketing and filing application; services in hearing evidence for determination of the matter; and final order; excluding recording cost ............................................................................................ 2&90 33.00
(11) Returns Annual and final:
Receiving return; filing, docketing, and examining annual and final returns of executors, administrators, guardians, and trustees; oath; and order admitting, return to record:
Of all estates worth not more than $5,000.00, excluding recording cost .............. 20.00
Of all estates worth more than $5,000.00, excluding recording cost ............ 20.00 25.00
(12) Dismission of administrator, executor, or guardian:
Receiving application; docketing and filing application; granting citation; services in determining statutory compliance in publication of citation and entitlement of applicant to dismission; and issuing letters; excluding recording cost...................................................................................... 2fc06 31.00
(13) Habeas corpus:
Receiving application; docketing and filing application; issuance of writ; filing answer of respondent; excluding recording cost........................ 26.00 31.00
(14) Order of title:

WEDNESDAY, MARCH 13, 1991

2497

Receiving application; docketing and filing application; granting citation; hearing evidence and determining matter; order; excluding recording cost.............................................................................................................. k&Q 22.00
(15) Establishment of lost papers:
Receiving application; docketing and filing application; granting citation or notice; order; excluding recording cost............................................. 17.60 22.00
(16) Constitutional homesteads:
For the whole service in setting apart of homestead of realty and personalty when not litigated............................................................................. 30:00 25.00
Where objections are filed and heard, in addition to the proceedings............ 9.00
Surveyor, actual charge made (not included in fee base) .....................
(17) Statutory homestead (pursuant to Code Section 44-13-100):
For whole services in setting apart short homestead exemption........... 12.60 16.00
(18) Nonwaiverable homestead exemption (pursuant to Code Section 44-13-42):
Short homestead, $300.00 limit................................................................... 4^00 5.00
(19) Mental illness (petition to determine the issue of hospitalization under Chapter 3 of Title 37):
For whole service in connection with each mental illness case.............. 46.00 56.00
For services when petition filed but subsequently withdrawn or dismissed before hearing............................................................................................ 24^0 30.00
(20) Letters of guardianship for mentally ill, mentally retarded, or mentally incompetent:
For whole service, including hearing ($45.00) and appointment of guardianship ($30.00) .......................................................................................... 7&00 94.00
(21) Inventory and appraisement:
Whole service for inventory, excluding recording cost............................ VMQ 13.00
Whole service for appraisement, excluding recording cost..................... 10.00 13.00
(22) Sale of realty, personalty, or perishable property under administration or guardianship:
Sale of perishable personalty, excluding recording cost.......................... 26.00 31.00
(23) Leave of sale of realty and nonperishable personalty:
Public sale....................................................................................................... 2&00 31.00
Private sale ..................................................................................................... 4&06 50.00
(24) Sale bill:
Whole service for same, excluding recording cost.................................... 4^00 5.00
(25) No administration:
Receiving application; filing and docketing same; granting and issuing citation and copy for legal gazette; service in determining statutory

2498

JOURNAL OF THE HOUSE,

compliance in publication of citation, intestacy of decedent, his heirs and his being sui juris, property of decedent, no debts, and agreement to amicably divide estate, etc.; and issuing order of 'No Administration Necessary"; excluding recording cost..................................................... 37.60 47.00

(26) Petition for attorney's fee:

Receiving application; filing and docketing the same; services in hearing
and determining allegations of applications; and order; excluding recording cost............................................................................................ 2MQ 31.00

(27) Public safety patrol trial:

Holding trial................................................................................................... 8=00 10.00

Receiving written application for warrant................................................. 4=60 6.00

(28) Petition for change of birth certificate:

Whole service for same................................................................................. 34=00 30.00

(b) The judges of the probate courts are entitled to the following court costs for gen-

eral services:

(1) Recording, per page...................................................................................$

1.50

(2) All pleadings, amendments, motions, etc., excluding recording cost per page........................................................................................................... 3=66 4.00

(3) Photostatic copies (for use as plain copies or as parts of cert, copies),

per page................................................................................................

.25

(4) All contested hearings (uncontested hearings included in base fee), per day........................................................................................................... 36=00 31.00

(5) All contested hearings (uncontested hearings included in base fee), per one-half day or less.............................................................................. 16=00 19.00

(6) Exemplified copies, base fee......................................................................

3.00

Cost per page ....................................................................................................

.25

(c) The judges of the probate courts are entitled to the following court costs for miscellaneous services:
(1) Applicant to pay all publication costs of citations, notices, etc., at the usual legal rate, in all manner when such required. For receiving any application, petition, or case where no costs are prescribed............! 10.00
13.00

(2) For every case litigated before the judge of the probate court where no costs are prescribed, per day.............................................................. 26.00 31.00

(3) For every case litigated before the judge of the probate court where no costs are prescribed, per one-half-day minimum charge............... 16.00 19.00

(4) For filing and docketing any application, petition, or case where no costs are prescribed............................................................................. 40=06 13.00

(5) For every order passed where no costs are prescribed (provided that no fee shall be charged for drawing checks, orders, drafts, or warrants on the county treasury or county depository)................................. 2-rOO 3.00

(6) For each affidavit where no case is pending before judge of the probate

court..........................................................................................................

.50

WEDNESDAY, MARCH 13, 1991

2499

(7) For issuing process against a person for not making return ............. 12.60 16.00

(8) For rule nisi..................................................................................................

12.50

(9) For each subpoena.................................................................................... 766 1.00

(10) For hearing election contests, to be taxed as cost per day................ 20.00 25.00

(11) For certificate of residency ..................................................................... &06 4.00

(12) For recording marks and brands............................................................ <W>0 4.00

(13) For bond when necessary........................................................................ &06 6.00

(14) For recording vouchers...............................................................................

.25

(15) Base fee for entering an appeal and transmitting the proceeding to superior court....................................................................................... Trfie 9.00

Cost per page of document.............................................................................

1.50

(Provided, however, that where a transcript of the evidence and proceedings is filed with the court and does not require recopying, the court shall not receive $1.50 per page for the transcript of evidence.)

(16) For filing and recording an official bond of county officers (to be paid by county) ............................................................................................. 8=66 4.00

(17) For taking and recording oath of county officer (to be paid by county) .......... 4.00

(18) For each fi. fa. issued by the clerk of the probate court ................... 2=66 3.00

(19) For seal and certificate............................................................................ 3=66 4.00

(20) Disabled veterans, certificate of eligibility, filing fee ............................

1.00

(21) For every explosive permit.........................................................................

5.00

(22) For every peddler's license.........................................................................

1.50

(23) For certified copy of letters of administration, letters testamentary, or guardianship, including seal and certificate .................................... 3=66 4.00

(24) For services in making settlement of accounts of executors, administrators, and guardians (when contested)............................................... 26.00 31.00

(25) For registration of corporation, business profession, or commodity sub-

ject to special tax, each..........................................................................

1.00

(26) For every pistol license issued...................................................................

15.00

(27) For preparing all papers, appointing managers, consolidating returns in general and special election, each ballot box .................................. 22.60 28.00

(28) For petition for removal or accounting by any fiduciary (whole service does not include costs of certified or registered mail, sheriffs service, or advertising; base cost does not include a certified copy) ........... 26.00 31.00

(29) For examining book and giving extract or fact that information sought is not therein........................................................................................ =66 2.00

(30) For safekeeping a will.................................................................................

5.00

(31) For petition to encroach if amount of encroachment is $500.00 or less. . .......... 7=60 9.00

2500

JOURNAL OF THE HOUSE,

(32) For petition to encroach over $500.00................................................... 1&60 16.00

(33) For granting letters of administration CTA, DBN, or DBN-CTA, whole service.................................................................................................... 4&M 56.00

(34) For granting letters to successor executor............................................ 30.00 38.00

(35) For petition to determine heirs............................................................................................................. 4&90 50.00

(36) For petition to enter safe-deposit box ..................................................

16.00

(37) For receiving marriage application, issuing marriage license, and

recording (whole service) .......................................................................

10.00

(38) For petition to accept funds for custody of minors, incompetents, and

missing heirs (percentage of funds deposited) ..............................

5%

(39) For every service required and performed where no fees are specified, the same fees allowed the clerks of the superior courts for similar services for a like amount of labor shall be allowed."

Section 3. Said title is further amended by striking Code Section 15-10-82, relating to the fee for hearing an application for a search or arrest warrant or a bad check citation, and inserting in lieu thereof the following:
"15-10-82. For hearing an application for an arrest or search warrant or bad check citationz the fee charged shall be $6.00 not exceed $10.00 but this fee may be waived by the issuing magistrate if he finds that because of the financial circumstances of the party applying for the warrant or citation or for other reasons this fee should not be charged in justice."
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

Representative Jenkins of the 80th moved that the House agree to the Senate substitute to HB 537.
On the motion, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot
Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux
Bostick Y Branch
Y Breedlove Brooks Brown
Y Brush YBuck Y Buckner YByrd

Y Campbell
Y Canty Y Carrell Y Carter Y Chafm Y Chambless
Y Cheeks Y Childers Y Clark,E Y Clark.H Y Clark,L Y Coker Y Coleman
Y Colwell Connell
Y Culbreth Cummings.B Cummings.M
Y Davis.G Y Davis.M Y Dkon.H
Y DUon.S Y Dobbs Y Dover
Dunn Y Edwards

Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W YFlynt
Godbee Y Golden Y Goodwin Y Green
Greene Y Griffin
Groover Y Hamilton
Y Hammond Manner
Y Harris.B Y HarrisJ Y Heard Y Henson Y Herbert Y Higbtower Y Holland
Y Holmes Y Howard Y Hudson

Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson
YLee YLong YLord
Lucas Lupton YMann Y Martin YMcCoy Y McKelvey McKinney,B McKinney.C

Y Meadows Y Merritt Y Milam
Y Mills Y Mobley
Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish
Patten
E Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag
Porter Y Poston Y Powell,A

WEDNESDAY, MARCH 13, 1991

2501

YPowell,C YPurcell
Randall Y Ray Y Reaves
Redding YRicketson Y Royal YSelman YSherrill

YSimpson Y Sinkfield
Skipper Y Smith,L Y Smith,P
Smith.T Y Smith,W Y Smyre Y Snow Y Stancil.F

Stancil,S Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C
Thomas,M Y Thomas.N Y Thurmond

On the motion, the ayes were 147, nays 0. The motion prevailed.

Y Titus Y Tolbert
Townsend Y Turnquest
Twiggs Y Valenti Y Vaughan Y Walker,J
Walker.L Y Wall

Ware Y Watson Y Watts
White Y Wilder Y Williams.B
Williams,J Y Williams.R Y Yeargin
Murphy.Spkr

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 70. By Representatives Thomas of the 69th and Groover of the 99th:
A bill to amend Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to cases in which an application for an appeal is required, so as to change the provisions relating to appeals in actions for damages in which the judgement is less than a certain dollar amount.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 70

The Committee of Conference on HB 70 recommends that both the Senate and the
House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 70 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Arthur B. Edge, IV Senator, 28th District

/s/ Charles A. Thomas, Jr. Representative, 69th District

/s/ Quillian Baldwin, Jr. Senator, 29th District

/s/ Denmark Groover, Jr. Representative, 99th District

/s/ Wayne Garner Senator, 30th District

/s/ Tommy Chambless Representative, 133rd District

A BILL
To amend Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to cases in which an application for an appeal is required, so as to change the provisions relating to appeals in actions for damages in which the judgment is less than a certain dollar amount; to provide that appeals in actions for damages in which the judgment is $10,000.00 or less shall be taken as provided in such Code section; to provide for applicability; 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 5-6-35 of the Official Code of Georgia Annotated, relating to cases in which an application for an appeal is required, is amended by striking paragraph (6) of subsection (a) and inserting in lieu thereof a new paragraph (6) to read as follows:

2502

JOURNAL OF THE HOUSE,

"(6) Appeals in all actions for damages in which the judgment is $2,600.00 $10.000.00 or less;".
Section 2. This Act shall apply to all appeals filed or presented for filing on or after July 1, 1991.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Groover of the 99th moved that the House adopt the report of the Committee of Conference on HB 70.
On the motion, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Atkins
Y Baker Y Balkcom Y Barfoot Y Bargeron
Y Barnett,B N Barnett.M Y Bates
Y Beatty Y Benefield Y Birdsong N Blitch
N Bordeaux Y Bostick
Y Branch Y Breedlove
Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell
Y Canty Y Carrell
Y Carter YChafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark,H

Y Clark.L Y Coker Y Coleman
Y Colwell Connell
Y Culbreth Cummings.B Cummings,M
Y Davis,G Davis.M
Y Dbron.H Y Dixon,S YDobbs Y Dover
Dunn Y Edwards
Y Elliott Y Felton Y Fennel Y FloydJ.M Y FloydJ.W
YFlynt YGodbee Y Golden Y Goodwin
Y Green Greene
N Griffin Y Groover N Hamilton Y Hammond Y Manner Y Harris,B Y Harris^
Y Heard Y Henson

Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D YLane,R Y Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas
Lupton YMann N Martin
YMcCoy
Y McKelvey McKinney.B
McKinney.C Y Meadows Y Merritt YMilam
Y Mills

Y Mobley
Moody Y Morsberger Y Moultrie N Mueller Y Oliver.C Y 01iver,M YOrr YOrrock Y Padgett Y Parham Y Parrish
Patten
E Pelote Y Perry Y Pettit Y Pinholster Y Pinkston
YPoag Y Porter
Y Ponton Y PoweU,A Y Powell,C Y Pureell
YRandall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper
Y Smith,L

Y Smith,P Smith.T
Y Smith.W Y Smyre YSnow Y Stancil,F
Stancil.S Y Stanley Y Stephens Y Streat Y Taylor YTeper Y Thomas.C
Thomas,M Y Thomas,N Y Thurmond Y Titus Y Tolbert
Townsend Y Turnquest
Twiggs Y Valenti Y Vaughan Y Walker,J
Walker.L Y Wall
Ware Y Watson Y Watts
White Y Wilder N Williams.B
WilliamsJ Y Williams,R Y Yeargin
Murphy,Spkr

On the motion, the ayes were 148, nays 8. The motion prevailed.

The Speaker assumed the Chair.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following Resolution of the Senate:

SR 319. By Senators Deal of the 49th and Garner of the 30th: A resolution relative to adjournment.

WEDNESDAY, MARCH 13, 1991

2503

The following Bills of the House were taken up for the purpose of considering the Senate's amendments or substitutes thereto:

HB 412. By Representatives Dover of the llth, Godbee of the 110th and Royal of the 144th:
A bill to amend Article 5A of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to the examination of county tax digests, so as to revise and change provisions regarding the appeals of digest rejections.

The following Senate amendment was read:

Amend HB 412 by striking the quotation marks at the end of line 26 of page 8 and by inserting between lines 26 and 27 of page 8 the following:
"(d) Hearing officers provided for in this Code section shall be appointed by the State Board of Equalization. A hearing officer shall be assigned to hear appeals only from counties located wholly or partially in the congressional district in which the hearing officer resides."

Representative Dover of the llth moved that the House agree to the Senate amendment to HB 412.
On the motion, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams
Y Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron
Y Bamett,B Barnett.M
Y Bates
Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux
Y Bostick Y Branch Y Breedlove
Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell
Y Canty Y Carrell Y Carter Y Chafm Y Chambless Y Cheeks Y Childers Y Clark,E
Y Clark,H

Y Clark,L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B
Cummings,M Y Davis,G Y Davis,M Y Diion.H Y Dixon,S YDobbs Y Dover YDunn Y Edwards Y Elliott Y Felton Y Fennel Y FloydJ.M Y Floyd,J.W YFlynt
Y Godbee Y Golden Y Goodwin Y Green
Greene Griffin Y Groover
Y Hamilton Y Hammond Y Banner Y Harris.B
Y Harris,J Heard
Y Henson

Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane,D Y Lane.R Y Langford Y Lawrence YLawson YLee YLong YLord Y Lucas
Lupton YMann Y Martin
Y McCoy Y McKelvey
McKinney,B McKinney.C Y Meadows Y Merritt YMilam Y Mills

On the motion, the ayes were 159, nays 0. The motion prevailed.

Y Mobley Moody
Y Morsberger Y Moultrie Y Mueller
Oliver.C
Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish
Patten E Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Postal Y Powell,A Y Powell.C Y Purcell Y Randall
YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill
Y Simpson Y Sinkfield Y Skipper Y Smith,L

Y Smith,P Y Smith,T Y Smith.W Y Smyre YSnow Y Stancil.F
Stancil.S
Y Stanley Y Stephens Y Streat Y Taylor YTeper
Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert
Townsend Y Turnquest
Y Twiggs Y Valenti
Y Vaughan Y Walker,J
Walker,L Y Wall
Ware Y Watson Y Watts
White Y Wilder Y Williams.B
Williams,J Y Williams,R Y Yeargin
Murphy.Spkr

2504

JOURNAL OF THE HOUSE,

HB 540. By Representatives Martin of the 26th and Randall of the 101st:
A bill to amend Chapter 5 of Title 53 of the Official Code of Georgia Annotated, relating to year's support, so as to change the provisions relating to what may be considered in determining the amount to be set apart as year's support.

The following Senate substitute was read:

A BILL
To amend Chapter 5 of Title 53 of the Official Code of Georgia Annotated, relating to year's support, so as to change the provisions relating to what may be considered in determining the amount to be set apart as year's support; to provide for the burden of proof in showing the amount necessary for a year's support; to provide that the surviving spouse and minor children may apply for a year's support if the estate is kept together under certain circumstances; to provide criteria for determining whether certain additional year's support shall be granted; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 53 of the Official Code of Georgia Annotated, relating to year's support, is amended by striking subsection (c) of Code Section 53-5-2, relating to support of the family, preferences, procedures, and the amount to be set apart, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) The amount to be set apart under subsection (b) of this Code section shall be an amount sufficient to maintain the standard of living that the surviving spouse and each minor child had prior to the death of the testator or intestate, taking into consideration the following:
(1) The support available to the person, for whom the property or money is to be set apart, from sources other than year's support, including but not limited to the principal of any separate estate and the income and earning capacity of that person; and
(2) Such other relevant criteria as the court deems equitable and proper. The applicant for a year's support shall have the burden of proof in showing the amount necessary for a year's support."
Section 2. Said chapter is further amended by striking Code Section 53-5-4, relating to entitlement of surviving spouses and minor children to year's support for subsequent years, and inserting in lieu thereof a new Code Section 53-5-4 to read as follows:
"53-5-4. When an estate is to be kept together for more than 12 months and there *e e debts te pay, the surviving spouse and minor children te be supported eat of the estate of the deceased shall, upon application and proceedings thereon as in the case of an initial year's support, have a year's support for each such additional year that the estate may be kept together provided that more than three months have elapsed since the last insertion of the notice to creditors required by Code Section 53-7-92 and that there are sufficient assets in the estate to award such additional year's support and to pay all known unpaid debts and claims against the estate."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Martin of the 26th moved that the House agree to the Senate substitute to HB 540.
On the motion, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken

Y Alford Y Atkins Y Baker

Balkcom Y Barfoot Y Bargeron

Y Barnett.B Y Barnett.M Y Bates

Y Beatty Y Benefield Y Birdsong

WEDNESDAY, MARCH 13, 1991

2505

Y Blitch Y Bordeaux Y Bostick
Y Branch Y Breedlove
Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Chafm Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.H Y Clark,L Y Coker
Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B
Cummings.M Y Davis.G Y Davis.M Y Dbron.H Y Don,S

Y Dobbs Dover Dunn
Y Edwards Y Elliott
Felton Y Fennel Y FloydJ.M Y FloydJ.W YFlynt YGodbee Y Golden Y Goodwin Y Green
Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris,J
Heard Y Henson Y Herbert Y Hightower Y Holland Y Holmes Y Howard
Y Hudson Ylrwin
Y Jackson Y Jamieson

Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas
Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney,B McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley
Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C

On the motion, the ayes were 157, nays 0. The motion prevailed.

Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish
Patten E Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter
Y Poston Y Powell,A Y Powell.C Y Purcell Y Randall YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith,L Y Smith.P Y Smith,T
Y Smith,W

Y Smyre YSnow Y Stancil.F
Stancil.S Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Walker,L Y Wall
Ware Y Watson Y Watts
White Y Wilder Y William8,B
Williams,J Y Williams.R
Y Yeargin Murphy ,Spkr

HB 416. By Representative Pettit of the 19th:
A bill to amend Code Section 15-18-14 of the Official Code of Georgia Annotated, relating to appointment and qualifications of assistant district attorneys, so as to change a definition; to provide for the appointment by district attorneys of attorneys to perform certain duties regarding recovery of child support.

The following Senate substitute was read:

A BILL
To amend Code Section 15-18-14 of the Official Code of Georgia Annotated, relating to appointment and qualifications of assistant district attorneys, so as to change a definition; to provide for the appointment by district attorneys of assistant district attorneys to perform certain duties regarding recovery of child support; to provide for funding of such attorneys' compensation; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 15-18-14 of the Official Code of Georgia Annotated, relating to appointment and qualifications of assistant district attorneys, is amended by striking paragraph (4) of subsection (a) thereof and inserting in its place a new paragraph to read as follows:
"(4) 'Prosecuting attorney' means a person who serves on a full-time basis as a district attorney; a person who serves on a full-time basis as an assistant district attorney, deputy district attorney, or other attorney appointed by a district attorney of this state; a person who serves on a full-time basis as a solicitor or assistant solicitor of a state or juvenile court of this state or any political subdivision thereof; a person who serves

2506

JOURNAL OF THE HOUSE,

as an attorney employed on a full-time basis by the Attorney General of this state; a person who serves as an attorney employed on a full-time basis by the United States Department of Justice; a person who serves as an attorney employed on a full-time basis 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; a person who serves on a full-time basis as an attorney employed by the Prosecuting Attorneys' Council of Georgia; a person who serves on a full-time contractual basis with the Department of Human Resources as an attorney employed as an assistant district attorney under Code Section 19-11-23 of Article 1 of Chapter 11 of Title 19, the 'Child Support Recovery Act' and Code Section 19-11-53 of Article 2 of Chapter 11 of Title 19, the 'Uniform Reciprocal Enforcement of Support Act'; or a person who serves on a full-time basis as a thirdyear law student under the authority of Code Section 15-18-22."
Section 2. Said Code section is further amended by striking subsection (b) thereof and inserting in its place a new subsection to read as follows:
"(b) Subject to the provisions of this Code section, the district attorney in each judicial circuit is authorized to appoint as many attorneys as there are superior court judges in the circuit, excluding senior judges, to assist the district attorney in the performance of the duties of the district attorney's office. Subject to the availability of funding and at the option of the Department of Human Resources, the district attorney in each judicial circuit is authorized to appoint 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' and Article 2 of Chapter 11 of Title 19, the 'Uniform Reciprocal Enforcement of 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."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Pettit of the 19th moved that the House agree to the Senate substitute to HB 416.
On the motion the ayes were 116, nays 0.
The motion prevailed.

The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon:

SB 328. By Senators Dawkins of the 45th, Taylor of the 12th, Robinson of the 16th and others:
A bill to amend Part 12 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to effectiveness of educational programs under the "Quality Basic Education Act," so as to change provisions relating to instruments, procedures, and policies necessary to assess effectiveness; to provide for types of assessments and their implementation and use.

The following report of the Committee of Conference was read:

WEDNESDAY, MARCH 13, 1991

2507

COMMITTEE OF CONFERENCE REPORT ON SB 328

The Committee of Conference on SB 328 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of
Conference Substitute to SB 328 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Harrill L. Dawkins Senator, 45th District

/s/ S. DuBose Porter Representative, 119th District

/s/ Pete Robinson Senator, 16th District

/s/ Jamieson Representative, llth District

/s/ Taylor Senator, 12th District

/s/ Kilgore Representative, 42nd District

A BILL
To amend Part 12 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to effectiveness of educational programs under the "Quality Basic Education Act," so as to change provisions relating to instruments, procedures, and policies necessary to assess effectiveness; to provide for types of assessments and their implementation and use; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 12 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to effectiveness of educational programs under the "Quality Basic Education Act," is amended by striking Code Section 20-2-281, relating to methods of assessment of effectiveness, and inserting in its place a new Code Section 20-2-281 to read as follows:
"20-2-281. (a) The State Board of Education shall adopt norm-referenced and criterion-referenced a student assessment program consisting of instruments, procedures, and policies necessary to assess the effectiveness of the educational programs of the state and shall fund all costs of providing and scoring such instruments, subject to appropriation by the General Assembly. Nationally norm-referenced instruments sfeaH be administered te atudcnta in grades two? four, seven, a*d nine. Criterion-referenced instruments, e* ethet instruments Curriculum-based assessments of the quality core curriculum and nationally norm-referenced instruments in reading and mathematics shall be administered to students in grades three, five, eight, and 11. A curriculum-based assessment shall be administered in grade 11 for graduation purposes. Only the curriculum-based assessments in grades three, five, and eight and the eleventh grade norm-referenced instrument may be administered by matrix sample. 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. The curriculum-based assessments that the state board ay shall develop which shall measure student performance relative to the uniformly sequenced core curriculum approved for grades three, five, eight, and 11 by the state board pursuant to Code Section 20-2-140; sfcaH be administered te stedcnts i grades ene? three, sixr eight, and te. AH such The curriculum-based assessments shall place emphasis upon reading, writing, ami mathematics^ but shall include science^ and social studies. All such curriculum-based assessments shall include process and application skills as assessed in a range of academic content, shall exceed minimum and essential skills by extending the assessments' range of difficulty, and shall emphasize higher order thinking skills.

2508

JOURNAL OF THE HOUSE,

(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. Curriculum-based assessments provided for in subsection (a) of this Code section shall provide for results that reflect student achievement at the classroom, school, system, and state levels. The State Board of Education shall participate in the National Assessment of Educational Progress (NAEP). 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. The state board shall develop, subject to appropriation by the General Assembly, a comprehensive item bank which shall be representative of an grade levels three, five, eight, and 11 and content areas contained within the uniformly sequenced core curriculum approved by the state board for those grades pursuant to Code Section 20-2-140; provided, however, that the items reflecting each subject area at each designated grade level levels shall range proportionally from minimal competency to higher level achievement competencies. This item bank shall be used to develop assessments which reflect student achievement at the classroom, school, and system levels, relative te said curriculum. These assessments of student achievement shall i&c vised fts owe ot tilc cpitGPifl tor flwflfuin sfliflry svi^picmcnts on ft csreer i&ddeF pro~ fftifi pursuAHt to V_/OQC ocction ji\)mc>msiLo &nd fts one of tue coiupowGuts tft tiic comprchenaive evaluation pursuant te Cede Section 20-2-282. 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) (c) The State Board of Education shall have the authority to condition the promotion of a student from one grade to the next or 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 handicapped 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 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 handicapped 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) Local school systems may not use state funds to purchase or administer assessments other than those specified in subsection (a) of this Code section. However, local systems participating in state funded programs which require, in part or whole, individual student assessment data to determine eligibility or evaluation of student success in such programs, or to meet mandated requirements under federally authorized funds allocated to state or local systems or both, are authorized to expend a portion of the allocated state program funds for such testing purposes."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Jamieson of the llth moved that the House adopt the report of the Committee of Conference on SB 328.
On the motion, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken

Y Alford Y Atkins Y Baker

Y Balkcom Y Barfoot Y Bargeron

Y Barnett,B Y Barnett,M Y Bates

Y Beatty Y Benefield
Birdsong

WEDNESDAY, MARCH 13, 1991

Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.H
Y Clark.L Y Coker
Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B
Cummings.M Y Davis.G Y Davis.M Y Dkon.H Y Dixon.S

Y Dobbs Dover Dunn
Y Edwards
Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt YGodbee Y Golden Y Goodwin
Y Green Greene
Y Griffin Y Groover Y Hamilton Y Hammond
Y Hanner Y Harris,B Y Harris,J
Heard Y Henson Y Herbert Y Hightower
Holland
Y Holmes Y Howard
Hudson
Ylrwin Y Jackson Y Jamieaon

Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein
YLadd Y Lane,D
Y Lane,R Y Langford
Y Lawrence Y Lawson
YLee YLong
YLord Y Lucas
Lupton
YMann Y Martin Y McCoy Y McKelvey
McKinney.B McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley
Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C

Y Oliver.M YOrr Y Orrock
Y Padgett Y Parham Y Parrish
Patten E Pelote Y Perry Y Pettit Y Pinholster
Pinks ton YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith,L Y Smith.P
Smith.T Y Smith, W

On the motion, the ayes were 150, nays 0. The motion prevailed.

2509
Y Smyre YSnow Y Stancil.F
Stancil,S Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus
Tolbert Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Walker.L Y Wall Ware Y Watson Y Watts White Y Wilder Williams.B WilliamsJ Y Williams.R Yeargin Murphy.Spkr

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate has passed, by substitute, by the requisite constitutional majority the following Bills of the House:

HB 533. By Representative Holland of the 136th:
A bill to amend Article 5 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation group self-insurance funds, so as to expand the definition of the term "county" to include a consolidated city-county government and certain authorities, commissions, and boards.

HB 886. By Representatives Watts of the 41st, Parham of the 105th and Watson of the 114th:
A bill 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 require vehicles used to transport certain substances to be marked in a certain way.

The following Bill of the House was taken up for the purpose of considering the Senate amendments thereto:

2510

JOURNAL OF THE HOUSE,

HB 822. By Representatives Walker of the 115th, Coleman of the 118th, Murphy of the 18th and Buck of the 95th:
A bill 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 repeal the existing "Georgia Computer Systems Protection Act" and enact a new "Georgia Computer Systems Protection Act".

The following Senate amendments were read:

SENATE AMENDMENT NO. 1
Amend HB 822 by striking the word "granted" on line 27 of page 4 and by adding immediately before the period on line 27 of page 4 the following:
"granted by the owner of the computer or computer network".

SENATE AMENDMENT NO. 2
Amend HB 822 by inserting on line 9 of page 6 after the word "authority" the following:
"and which results in damages (including the fair market value of any services used and victim expenditure) to the owner of the computer or computer network in excess of $500.00".
By striking all the language from lines 17 through 32 of page 7 and inserting the following:
"disclosure shall be fined not more than $5,000.00 or incarcerated for a period not to exceed one year, or both."

Representative Coleman of the 118th moved that the House agree to the Senate amendments to HB 822.
On the motion, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett,M Y Bates
Y Beatty Y Benefield Y Birdsong
Y Blitch Bordeaux
Y Bostick Y Branch Y Breedlove
Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell
Y Canty Y Carrell

Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y ClarkJE Y Clark,H Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B
Cummings,M Davis.G Y Davis,M Y Diion.H Y Dixon.S
Y Dobbs Dover
Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Flynt

Y Godbee Y Golden Y Goodwin Y Green
Greene Y Griffin Y Groover Y Hamilton Y Hammond
Y Banner Y Harris.B Y Harris,J
Y Heard Y Henson Y Herbert Y Hightower
Y Holland Y Holmes
Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins
Y Jones Y Kilgore YKing Y Kingston Y Klein

YLadd Y Lane,D Y Lane.R Y Langford Y Lawrence
Y Lawson YLee YLong YLord Y Lucas
Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney.B McKinney.C Y Meadows Y Merritt Y Milam Y Mills
Y Mobley Moody
Y Morsberger Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr

Y Orrock Y Padgett Y Parham Y Parrish
Patten E Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter
Poston Y Powell.A Y Powell.C Y Purcell Y Randall
YRay Reaves
Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson
Sinkfield Y Skipper
Y Smith,L Y Smith.P

WEDNESDAY, MARCH 13, 1991

2511

Y Smith,T Y Smith,W YSmyre YSnow YStancil,F
Stancil,S Y Stanley

Stephens Y Streat Y Taylor YTeper Y Thomas.C Y Thomas,M Y Thomas,N

Y Thurmond Y Titus Y Tolbert
Townsend Y Turnquest Y Twiggs Y Valenti

On the motion, the ayes were 151, nays 0. The motion prevailed.

Y Vaughan Y Walker,J
Walker,L Y Wall
Ware Y Watson Y Watts

White Y Wilder
Williams.B Williams,J Y Williams,R Y Yeargin Murphy.Spkr

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House:

HB 188. By Representative Thomas of the 69th:
A bill to amend Code Section 9-11-4 of the Official Code of Georgia Annotated, relating to service of process in civil actions, so as to provide that process may be served by any citizen of the United States who is not a party and is not younger than 18 years of age.

HB 772. By Representative Herbert of the 76th:
A bill to amend Chapter 38 of Title 43 of the Official Code of Georgia Annotated, relating to operators of private detective and private security businesses, so as to revise provisions for the issuance of licenses generally; to revise qualifications for a license.

The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto:

HB 276. By Representatives Abernathy of the 39th, Childers of the 15th, Groover of the 99th, Lee of the 72nd, Redding of the 50th and others:
A bill to amend Chapter 5 of Title 26 of the Official Code of Georgia Annotated, relating to drug abuse treatment and education programs, so as to provide that the Department of Human Resources shall develop criteria for assuring priority in admissions to drug dependent pregnant females.

The following Senate substitute was read:

A BILL
To amend Chapter 5 of Title 26 of the Official Code of Georgia Annotated, relating to drug abuse treatment and education programs, so as to provide for standards for certain programs; to provide that the Department of Human Resources shall develop criteria for assuring priority in admissions and access to services to drug dependent pregnant females; to provide that each program licensed or funded by the department shall give priority in admissions to drug dependent pregnant females; to amend Code Section 37-7-2 of the Official Code of Georgia Annotated, relating to the authority of the board of human resources to issue regulations, so as to authorize the board to develop criteria for assuring priority in admissions and access to services to drug or alcohol dependent pregnant females; to repeal conflicting laws; and for other purposes.

2512

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 26 of the Official Code of Georgia Annotated, relating to drug abuse treatment and education programs, is amended by striking Code Section 26-5-5, relating to the promulgation of minimum standards of quality and services for each class of program, and inserting in lieu thereof a new Code Section 26-5-5 to read as follows:
"26-5-5. The department shall create and promulgate minimum standards of quality and services for each designated class of programs. At least the following areas shall be covered in the rules and regulations:
(1) Adequate and safe buildings or housing facilities where programs are offered; (2) Adequate equipment for the delivery of programs; (3) Sufficient trained or experienced staff who are competent in the duties they are to perform; (4) The content and quality of services to be provided; (5) Requirements for intake, discharge, and aftercare of drug dependent persons; (6) Referral to other appropriate agencies; (7) Continuing evaluation of the effectiveness of programs; (8) Maintenance of adequate records on each drug dependent person treated or advised; and (9) A formal plan of cooperation with other programs in the state to allow for continuity of care for drug dependent personsi; and (10) Criteria for providing priority in access to services and admissions to programs for drug dependent pregnant females."
Section 2. Said chapter is further amended by adding at the end thereof a new Code section to be designated Code Section 26-5-20 to read as follows:
"26-5-20. Any program licensed or funded by the department under this chapter shall implement a priority admissions policy for the treatment of drug dependent pregnant females which provides for immediate access to services for any such female applying for admission which access shall be contingent only upon the availability of space."
Section 3. Code Section 37-7-2 of the Official Cede of Georgia Annotated, relating to the authority of the board of human resources to issue regulations, is amended by striking subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) In addition to the other powers provided by this chapter, the department shall have the authority:
(1) To enforce the regulations issued by the board; (2) To prescribe the forms of applications, records, medical certificates, and any other forms required or used under this chapter and the information required to be contained therein; (3) To require such reports from any facility as it may find necessary to the performance of its duties or functions; (4) To visit facilities regularly to review the hospitalization procedures applied to all patients; (5) To determine the care and treatment being given all patients; (6) To develop criteria for providing priority in access to services and admissions to programs for drug or alcohol dependent pregnant females; (6) 7) To investigate complaints and make reports and recommendations relative thereto; and trfy (8) To make effective such procedures and orders as may be appropriate to carry out the provisions of this chapter. Notwithstanding the powers granted to the department under this Code section, the requirements of this Code section as to determination of treatment and care of patients and the investigation of complaints shall not apply to patients hospitalized in an institution operated by or under the control of the United States Department of Veterans Affairs or any other federal agency."

WEDNESDAY, MARCH 13, 1991

2513

Section 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Abernathy of the 39th moved that the House agree to the Senate substitute to HB 276.
On the motion the ayes were 113, nays 0.
The motion prevailed.

HB 455. By Representative Twiggs of the 4th:
A bill to amend Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to securing the attendance of witnesses and the preservation and production of evidence, so as to change the per diem and mileage fees for witnesses; to change certain requirements regarding tender of fees.

The following Senate substitute was read:

A BILL
To amend Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to securing witnesses and preservation of evidence, so as to mandate payment of witness fees in criminal and civil cases to certain state law enforcement officers; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to securing witnesses and preservation of evidence, is amended by striking subsection (a) and paragraph (1) of subsection (b) of Code Section 24-10-27, relating to witness fees for law enforcement officers, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Notwithstanding any other provision in this article, any member of the Georgia State Patrol, Georgia Bureau of- Investigation, et a municipal or county police force or any deputy sheriff er any correctional office* or any campus policeman as defined in Code Section 20-8-1 or ay arae invcatigator ef the state fife marshal's office or a member of a local fire department who shall be required by writ of subpoena to attend any superior court, other courts having jurisdiction to enforce the penal laws of this state, municipal court having jurisdiction to enforce the penal laws of this state as provided by Code Section 40-13-21, juvenile court, or grand jury, or hearing or inquest held or called by a coroner, or magistrate court involving any criminal matter, as a witness on behalf of the state during any hours except the regular duty hours to which the officer is assigned, may be paid for such attendance at a fixed rate to be established by the governing authority, but not less than $20.00 per diem. The claim for the witness fees shall be endorsed on the subpoena showing the dates of attendance and stating that attendance was required during the hours other than the regular duty hours to which the claimant was assigned. The claimant shall verify this statement. The dates of attendance shall be certified by the judge or the prosecuting attorney of the court attended. The director ef the Georgia Bureau ef Investigation e* his dcsignecs, the com-
lUfiHQlf)^ OttlCCP Of tflC l_i COP^flft btfttC irflirOi Qt nl3 Q6Sl^RCC8, tflC CI116I Ol PO11C6, 1116
sheriff, the superintendent ef- the institution, the director of public safety of a college or university, or th state fire marshal or the local fire chief shall certify that the claimant has not received any overtime pay for his attendance and that his attendance was required during hours other than regular duty hours. The amount due may be paid by the governing body authorized to dispense public funds for the operation of the court. However, no such officer may claim or receive more than one witness fee per day for attendance in any court or before the grand jury regardless of the number of subpoenas

2514

JOURNAL OF THE HOUSE,

which the officer may have received requiring him to appear in such court or before the grand jury on any one day."
"(1) Notwithstanding any other provision in this article except paragraph (2) of this subsection, any member of th Georgia State Patrol, Georgia Bweaa ef- Investigation, er a municipal or county police force or any deputy sheriff er any correctional officer or any campus policeman as defined in Code Section 20-8-1 or any arson investigator of the state fire marshal's office or a member of a local fire department who shall be required by writ of subpoena to attend any court of this state with respect to any civil case, as a witness concerning any matter relative to the law enforcement duties of such officer during any hours except the regular duty hours to which the officer is assigned, may be paid for such attendance at a fixed rate to be established by the governing authority, but not less than $20.00 per diem. Any such officer shall also be entitled to the mileage allowance provided in Code Section 24-10-24 when such officer resides outside the county where the testimony is to be given. The claim for the witness fees shall be endorsed on the subpoena showing the dates of attendance and stating that attendance was required during the hours other than the regular duty hours to which the claimant was assigned. The claimant shall verify this statement. The dates of attendance shall be certified by the party obtaining the subpoena. The director ef the Georgia Bureau ef Investigation er Ws dcsigncca, the commanding effieer ef the Gcorgift State P-atrel er his dcsignccs, the chief of police, the sheriff, the superintendent ef the institution, the director of public safety of a college or university, the state fee marshal, or the local fire chief shall certify that the claimant has not received any overtime pay for his attendance and that his attendance was required during hours other than regular duty hours."
Section 2. Said chapter is further amended by adding a new Code Section 24-10-27.1
to read as follows: "24-10-27.1 (a) Notwithstanding any other provision in this article, any member of
the Georgia State Patrol or Georgia Bureau of Investigation, any correctional officer, or any arson investigator of the state fire marshal's office who shall be required by writ of subpoena to attend any superior court, other courts having jurisdiction to enforce the penal laws of this state, municipal court having jurisdiction to enforce the penal laws of this state as provided by Code Section 40-13-21, juvenile court, or grand jury, or hearing or inquest held or called by a coroner, or magistrate court involving any criminal matter, as a witness on behalf of the state during any hours except the regular duty hours to which the officer is assigned, shall be paid for such attendance at a fixed rate to be established by the governing authority, but not less than $20.00 per diem. The claim for the witness fees shall be endorsed on the subpoena showing the dates of attendance and stating that attendance was required during the hours other than the regular duty hours to which the claimant was assigned. The claimant shall verify this statement. The dates of attendance shall be certified by the judge or the prosecuting attorney of the court attended. The director of the Georgia Bureau of Investigation or his designees, the commanding officer of the Georgia State Patrol or his designees, the superintendent of the institution, or the state fire marshal shall certify that the claimant has not received any overtime pay for his attendance and that his attendance was required during hours other than regular duty hours. The amount due shall be paid by the governing body authorized to dispense public funds for the operation of the court. However, no such officer may claim or receive more than one witness fee per day for attendance in any court or before the grand jury regardless of the number of subpoenas which the officer may have received requiring him to appear in such court or before the
grand jury on any one day. (b) (1) Notwithstanding any other provision in this article except paragraph (2) of this subsection, any member of the Georgia State Patrol, Georgia Bureau of Investigation, any correctional officer, or any arson investigator of the state fire marshal's office who shall be required by writ of subpoena to attend any court of this state with respect to any civil case, as a witness concerning any matter relative to the law enforcement duties of such officer during any hours except the regular duty hours to which the officer is assigned, shall be paid for such attendance at a fixed rate to be

WEDNESDAY, MARCH 13, 1991

2515

established by the governing authority, but not less than $20.00 per diem. Any such officer shall also be entitled to the mileage allowance provided in Code Section 24-10-24 when such officer resides outside the county where the testimony is to be given. The claim for the witness fees shall be endorsed on the subpoena showing the dates of attendance and stating that attendance was required during the hours other than the regular duty hours to which the claimant was assigned. The claimant shall verify this statement. The dates of attendance shall be certified by the party obtaining the subpoena. The director of the Georgia Bureau of Investigation or his designees, the commanding officer of the Georgia State Patrol or his designees, the superintendent of the institution, or the state fire marshal shall certify that the claimant has not received any overtime pay for his attendance and that his attendance was required during hours other than regular duty hours.
(2) Any officer covered by paragraph (1) of this subsection who is required by writ of subpoena to attend any court with respect to any civil case, as a witness concerning any matter which is not related to the duties of such officer, shall be compensated as provided in Code Section 24-10-24."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Twiggs of the 4th moved that the House agree to the Senate substitute to HB 455.
On the motion the ayes were 102, nays 0.
The motion prevailed.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House:

HB 295. By Representatives Byrd of the 153rd, Lee of the 72nd, Dobbs of the 74th, Lane of the 27th, Dunn of the 73rd and others:
A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to provide that with respect to Conditioned Air Contractor Class I and Class II licenses, the Division of Conditioned Air Contractors may require applicants for renewal of licenses to have completed subsequent to the date the last licenses were issued a certain number of hours of continuing professional education relating to conditioned air contracting.
The President has appointed on the part of the Senate the following:
Senators Kidd of the 25th, Olmstead of the 26th and Walker of the 43rd.

The Senate adheres to its amendment and has appointed a Committee of Conference on the following Resolution of the House:

HR 286. By Representatives Smith of the 152nd, Coleman of the 118th, Benefield of the 72nd, Alford of the 57th, Walker of the 115th and others:
A resolution endorsing Amtrak's proposed resumption of passenger rail service between Chicago and Florida with extensive service through Georgia.

2516

JOURNAL OF THE HOUSE,

The President has appointed on the part of the Senate the following: Senators Coleman of the 1st, Dean of the 31st and Huggins of the 53rd.

The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House:

HB 266. By Representatives Dover of the llth, Godbee of the 110th and Royal of the 144th:
A bill to amend Code Section 48-5-7.1 of the Official Code of Georgia Annotated, relating to the preferential tax assessment for tangible real property devoted to bona fide agricultural purposes, so as to change certain provisions relating to the beginning date of a covenant period.

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

HB 454. By Representative Twiggs of the 4th:
A bill to amend Code Section 45-9-86 of the Official Code of Georgia Annotated, relating to applications for indemnification with respect to law enforcement officers, firemen, prison guards, and emergency medical technicians killed or permanently disabled in the line of duty so as to change the time by which applications must be filed for indemnification with respect to certain law enforcement officers, firemen, or prison guards permanently disabled in the line of duty.

The following Resolution of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HR 286. By Representatives Smith of the 152nd, Coleman of the 118th, Benefield of the 72nd, Alford of the 57th, Walker of the 115th and others:
A resolution endorsing Amtrak's proposed resumption of passenger rail service between Chicago and Florida with extensive service through Georgia.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HR 286

The Committee of Conference on HR 286 recommends that the Senate recede from its position and that HR 286 as it passed the House be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Coleman Senator, 1st District

/s/ Smith Representative, 152nd District

/s/ Dean Senator, 31st District

/s/ Coleman Representative, 118th District

/s/ Huggins Senator, 53rd District

/s/ Lane Representative, lllth District

WEDNESDAY, MARCH 13, 1991

2517

Representative Smith of the 152nd moved that the House adopt the report of the Committee of Conference on HR 286.
On the motion, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken YAlford Y Atkins Y Baker Y Balkcom Y Barfoot
Bargeron Y Barnett.B Y Barnett,M Y Bates Y Beatty
Benefield Y Birdsong Y Blitch Y Bordeaux
Y Bostick Y Branch Y Breedlove
Brooks Y Brown
Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark,H

Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B
Cummings,M Y Davis,G Y Davis,M Y Dixon,H Y Dixon,S Y Dobbs Y Dover YDunn Y Edwards
Y EUiott Y Felton Y Fennel
Y Floyd,J.M Y Floyd,J.W YFlynt
God bee Y Golden Y Goodwin Y Green
Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Hanner Y Harris,B Y Harris,J Y Heard Y Henson

Y Herbert Y Hightower
Y Holland Y Holmes Y Howard Y Hudson
Irwin Y Jackson
Y Jamieson Y Jenkins Y Jones
Y Kilgore YKing Y Kingston
Y Klein YLadd Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson
YLee YLong YLord Y Lucas
Lupton
YMann Y Martin
Y McCoy Y McKelvey
McKinney,B McKinney.C Y Meadows Y Merritt Y Milam Y Mills

On the motion, the ayes were 156, nays 0. The motion prevailed.

Y Mobley Moody
Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr YOrrock Y Padgett YParham Y Parrish
Patten E Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter YPoston Y Powell,A Y Powell.C Y Purcell Y Randall YRay
Reaves Y Redding
Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield
Y Skipper Y Smith.L

Y Smith,P Y Smith,T Y Smith,W Y Smyre YSnow Y Stancil.F
Stancil,S Y Stanley
Stephens Y Streat Y Taylor YTeper Y Thomas.C
Thomas,M Y Thomas,N Y Thurmond Y Titus Y Tolbert
Townsend Y Turnquest Y Twiggs
Y Valenti Y Vaughan Y Walker,J
Walker,L YWall
Ware Y Watson Y Watts
White Y Wilder
Y Williams,B Williams,J
Y Williams.R Y Yeargin
Murphy.Spkr

The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon:

SB 311. By Senator English of the 21st:
A bill to amend Code Section 1-3-3 of the Official Code of Georgia Annotated, relating to definitions in the laws and statutes, so as to add definitions for agriculture, agricultural operations, agricultural or farm products, crops, and growing crops.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 311

The Committee of Conference on SB 311 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 311 be adopted.
Respectfully submitted,

2518

JOURNAL OF THE HOUSE,

FOR THE SENATE:
/s/ Bill English Senator, 21st District
/s/ J. Nathan Deal Senator, 49th District
/s/ John C. Foster Senator, 50th District

FOR THE HOUSE OF REPRESENTATIVES:
M Henry L. Reaves Representative, 147th District
/s/ Clinton Oliver Representative, 121st District
/s/ A. Richard Royal Representative, 144th District

A BILL
To amend Code Section 1-3-3 of the Official Code of Georgia Annotated, relating to definitions in the laws and statutes, so as to add definitions for agriculture, agricultural operations, agricultural or farm products, crops, and growing crops; 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 1-3-3 of the Official Code of Georgia Annotated, relating to definitions in the laws and statutes, is amended by adding new paragraphs (4.1) and (7.1) to read as follows:
"(4.1) 'Agriculture,' 'agricultural operations,' or 'agricultural or farm products' means raising, harvesting, or storing of crops; feeding, breeding, or managing livestock or poultry; producing or storing feed for use in the production of livestock, including, but not limited to, cattle, calves, swine, hogs, goats, sheep, and rabbits, or for use in the production of poultry, including, but not limited to, chickens, hens, and turkeys; producing plants, trees, fowl, or animals; or the production of aquacultural, horticultural, dairy, livestock, poultry, eggs, and apiarian products. Agricultural or farm products are considered grown in this state if such products are grown, produced, or processed in this state, whether or not such products are composed of constituent products grown or produced outside this state."
"(7.1) 'Crops' or 'growing crops' means fruits and products of all annual or perennial plants, trees, and shrubs and shall also include plants, trees, shrubs, and other agricultural products that are produced for sale."
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.

Representative Reaves of the 147th moved that the House adopt the report of the Committee of Conference on SB 311.
On the motion, the ayes were 122, nays 1.
The motion prevailed.

The following Resolution of the Senate was read:

SR 319. By Senators Deal of the 49th and Garner of the 30th

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 11:00 P.M. on Wednesday, March 13, 1991, and shall reconvene on Friday, March 15, 1991.

WEDNESDAY, MARCH 13, 1991

2519

BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hour for convening the Senate on March 15 may be as ordered by the Senate; and the hour for convening the House on March 15 may be as ordered by the House.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Y Abemathy Y Adams Y Aiken
Y Alford Y Atkins Y Baker Y Balkcom YBarfoot
Bargeron Y Barnett.B Y Barnett.M Y Bates YBeatty Y Benefield Y Birdsong Y Blitch N Bordeaux Y Bostick Y Branch Y Breedlove N Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter
Chafin Y Chambless Y Cheeks
Childers N Clark.E N Clark.H

Y Clark,L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings,M Y Davis,G N Davis.M Y Dixon,H N Diion.S
YDobbs Y Dover
Dunn
Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y FloydJ.W Y Flynt YGodbee
Y Golden YGoodwin Y Green YGreene N Griffin
Y Groover Y Hamilton
Y Hammond Y Manner Y Harris,B Y Harris,J
Y Heard YHenson

Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson
Y Jenkins Y Jones Y Kilgore YKing N Kingston Y Klein
YLadd YLane,D YLane.R N Langford Y Lawrence
N Lawson YLee Ylxmg
YLord N Lucas
Lupton YMann Y Martin YMcCoy Y McKelvey Y McKinney,B Y McKinney.C N Meadows
Y Merritt YMilam
Y Mills

Y Mobley
Moody N Morsberger Y Moultrie N Mueller N Oliver.C Y 01iver,M YOrr YOrrock Y Padgett YParham YParrish
Patten E Pelote N Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter YPoston N Powell,A Y Powell.C Y Purcell YRandall YRay Y Reaves Y Redding Y Ricketson Y Royal YSelman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith,L

On the adoption of the Resolution, the ayes were 144, nays 20. The Resolution was adopted.

Y Smith,P Y Smith,T Y Smith,W YSmyre
YSnow N Stancil,F
Stancil.S
Y Stanley Stephens
Y Streat Y Taylor YTeper Y Thomae.C Y Thomas,M
Y Thomas,N Y Thurmond Y Titus Y Tolbert
Townsend Y Turnquest YTwiggs Y Valenti N Vaughan
Y WalkerJ Walker.L
YWall Ware
Y Watson Y Watts Y White N Wilder Y Williams.B
Williams.J Y Williams,R Y Yeargin
Murphy.Spkr

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 886. By Representatives Watts of the 41st, Parham of the 105th and Watson of the 114th:
A bill 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 require vehicles used to transport certain substances to be marked in a certain way.

The following Senate substitute was read:

A BILL
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to provide that a person who fails to comply with certain provisions relating to the use of seat safety belts and who is also charged with violating any provision of

2520

JOURNAL OF THE HOUSE,

Chapter 6 of Title 40 or of violating any lawful ordinance adopted by a local governing authority regulating the operation of motor vehicles shall be guilty of the offense of failure to wear a seat safety belt; to require vehicles used to transport certain substances to be marked in a certain way; to define a term; to provide a penalty; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended by striking in its entirety paragraph (2) of subsection (e) of Code Section 40-8-76.1, relating to the use of seat safety belts in passenger vehicles, and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) A person failing to comply with the requirements of subsection (b) of this Code section who is also charged with violating Code Seetie 40-6-181, Code Section 40 6-186,
/^ _-J -- O--.f*4-irtv\ A.O-fi_?7 1 ClflfJP Q-- c\\ ATI jjA_fl_QQA (""".Al^f fi Oft I ATI A.O^fi--iV)"! C^Arfp RpfJ'lAfl
40"O"OwO( OOflC OCCtiOR 4U"O oU4, Of OOQC OGCtiOR 4U"O~oyo 3J1V PI*OV181OI1 OI ^flflptBT D
of this title or of violating any lawful ordinance adopted by a local governing authority regulating the operation of motor vehicles shall be guilty of the offense of failure to wear a seat safety belt and, upon conviction thereof, may be fined not more than $15.00. The court imposing such fine shall not forward a record of the disposition of the case of failure to wear a seat safety belt to the Department of Public Safety."
Section 2. Said title is further amended by inserting at the end of Chapter 6, relating to miscellaneous provisions relative to the uniform rules of the road, a new Code Section 40-6-253 to read as follows:
"40-6-253. (a) As used in this Code section, the term 'etiologic agent' means any tissue, body fluid, or any other biological material which has the potential to transmit illness or disease or other harm upon contact, ingestion, or inhalation.
(b) Any vehicle while transporting any etiologic agent or any biomedical waste as such term is defined in Code Section 12-8-22 in this state shall be clearly marked on both sides and on the back with a sign or placard bearing the internationally recognized symbol designated for use in this state by the Environmental Protection Division of the Department of Natural Resources denoting biohazardous material, not less than 12 inches in height and red in color on a white background, and the words 'BIOHAZARDOUS MATERIAL' in capital block letters not less than two inches in height and red in color on a white background.
(c) Violation of the provisions of this Code section shall constitute a misdemeanor."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Watts of the 41st moves to amend the Senate substitute to HB 886 as follows:
By striking all after "vehicles" on line 2 page 1 through "belt" on line 9 page 1 and striking Section 1 in its entirety and renumbering the remaining sections accordingly.

Representative Watts of the 41st moved that the House agree to the Senate substitute, as amended by the House, to HB 886.
On the motion, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken
YAlford Y Atkins Y Baker YBalkcom

Y Barfoot Bargeron
Y Barnett.B
YBarnett,M Y Bates Y Beatty
Benefield

Y Birdsong Y Blitch Y Bordeaux
Bostick Y Branch Y Breedlove Y Brooks

Brown Y Brush
Buck
Y Buckner Y Byrd Y Campbell
Canty

Y Carrell Y Carter
Chafin
Y Chambless Y Cheeks Y Childers Y Clark.E

WEDNESDAY, MARCH 13, 1991

Y Clark.H Y Clark,L Y Coker Y Coleman Y Colwell Y ConneU Y Culbreth Y Cummings,B
Cummings.M Y Davis.G Y Davis,M
Y Dixon,H Y Dixon.S Y Dobbs Y Dover
Dunn Y Edwards
Elliott Y Felton
Y Fennel Y Floyd,J.M Y Floyd,J.W YFlynt
God bee Y Golden
Y Goodwin Y Green
Greene Y Griffin

Y Groover Y Hamilton
Y Hammond Y Manner
Y Harris,B Y Harris,J Y Heard Y Henson
Herbert Y Hightower
Y Holland Y Holmes
Howard Hudson
Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein
YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson

YLee Long
YLord Y Lucas
Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney.B McKinney.C
Y Meadows Y Merritt YMilam Y Mills
Mobley Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y 01iver,M YOrr Y Orrock
Y Padgett Y Parham Y Parrish
Patten E Pelote

Y Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter YPoston Y Powell,A Y Powell.C Y Purcell YRandall YRay
Reaves
Y Redding Ricketson Royal Selman
Y Sherrill
Y Simpson Y Sinkfield
Y Skipper Y Smith,L Y Smith.P
Y Smith,T Y Smith,W Y Smyre YSnow
Y Stancil.F Stancil.S

On the motion, the ayes were 145, nays 0. The motion prevailed.

2521
Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert
Townsend Y Turnquest YTwiggs Y Valenti Y Vaughan
Walker,J Walker.L Y Wall Y Ware Y Watson Y Watts White Y Wilder Y Williams.B Williams,J Y Williams.R Y Yeargin Murphy.Spkr

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 894. By Representatives Teper of the 46th and Redding of the 50th:
A bill to amend Chapter 13 of Title 31 of the Official Code of Georgia Annotated, the "Georgia Radiation Control Act," so as to require any existing general or specific licensee and any applicant for a general or specific license to operate radiation-generating equipment to post a bond to ensure financial responsibility in certain contingencies.

The following Senate substitute was read:

A BILL
To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to require any existing general or specific licensee and any applicant for a general or specific license to operate radiation-generating equipment to post a bond to ensure financial responsibility in certain contingencies; to provide for definitions; to provide for exemptions; to provide for construction, operation, and maintenance of tanning facilities; to provide for warning signs and the content of such signs; to provide for tanning equipment requirements and maintenance; to provide for stand-up booths and protective goggles; to provide for statements to be signed by consumers; to provide for records to be maintained by owners or operators of tanning facilities; to prohibit use of tanning equipment by minors; to provide for exceptions; to provide for penalties; to authorize the maintenance of civil actions by consumers damaged by violations; to provide for the recovery of damages, court costs, and attorney's fees; to provide for applications for and the granting of variances; to provide for construction with regard to regulatory authority; to provide for immunity from liability; to provide for related matters; to repeal conflicting laws; and for other purposes.

2522

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by striking in its entirety Code Section 31-13-6, relating to the bonding of licensees, and inserting in lieu thereof a new Code Section 31-13-6 to read as follows:
"31-13-6. (a) The Department of Natural Resources may require the posting of a bond not to exceed $5 million by an existing general or specific licensee by amendment to an existing license or by a person making an application for a new general or specific license, in order to assure the availability of funds to the state in the event of abandonment, insolvency, or other inability of a licensee to meet the requirements of the Department of Natural Resources for the safe collection and disposition of sources of ionizing radiation from radioactive material in the event of an accident, discontinuance of operation, or any circumstance which results in a potential radiation hazard at a site occupied by the licensee or formerly under its possession, ownership, or control. The Department of Natural Resources is authorized to establish, by rule or regulation, the bonding requirements by classes of licensees and by range of monetary amounts not to exceed $5 million. In establishing such requirements, the Department of Natural Resources shall give due consideration to the probable extent of contamination, the amount of possible property damage, the costs of removal and disposal of radioactive material used by the licensee, and the costs of reclamation of the property in the event of abandonment, insolvency, or other inability of the licensee to perform such services to the satisfaction of the Department of Natural Resources; provided, however, that a bond not less than $5 million shall be required for any licensee offering commercial radiation sterilization services, excluding hospitals, blood banks, and physicians' offices.
(b) The Department of Natural Resources shall have authority upon finding that conditions under this Code section have not been met or when it determines that an imminent hazard to the public health and welfare exists to require forfeiture of the bond and use the money therefrom to take any action deemed necessary to protect the public health and welfare.
(c) A licensee who abandons a site or facility without taking the required actions to meet the requirements of the Department of Natural Resources shall be guilty of a misdemeanor.
(d) Any bonding or financial protection requirements established by the Department of Natural Resources pursuant to this Code section shall not apply to the state or any agency of the state."
Section 2. Said title is further amended by adding at the end thereof a new chapter to read as follows:
"CHAPTER 38
31-38-1. As used in this chapter, the term: (1) 'CFR' means Code of Federal Regulations. (1.1) 'Consumer' means any individual who is provided access to a tanning facility
as defined in this chapter. (2) 'Individual' means any human being. (3) 'Operator' means any individual designated by the tanning facility owner or
tanning equipment lessee to operate or to assist and instruct the consumer in the operation and use of the tanning facility or tanning equipment.
(4) 'Person' means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this state, any other state, or political subdivision or agency thereof, and any legal successor, representative, agent, or agency of these entities.
(5) 'Tanning equipment' means ultraviolet or other lamps and equipment containing such lamps intended to induce skin tanning through the irradiation of any part of the living human body with ultraviolet radiation.
(6) 'Tanning facility' means any location, place, area, structure, or business or a part thereof which provides consumers access to tanning equipment. 'Tanning facility'

WEDNESDAY, MARCH 13, 1991

2523

includes, but is not limited to, tanning salons, health clubs, apartments, or condominiums regardless of whether a fee is charged for access to the tanning equipment.
(7) 'Ultraviolet radiation' means electromagnetic radiation with wavelengths in air between 200 nanometers and 400 nanometers. 31-38-2. (a) Any person is exempt from the provisions of this chapter to the extent that such person:
(1) Uses equipment which emits ultraviolet radiation incidental to its normal operation; and
(2) Does not use the equipment described in paragraph (1) of this subsection to deliberately expose parts of the living human body to ultraviolet radiation for the purpose of tanning or other treatment. (b) Any physician licensed by the Composite State Board of Medical Examiners is exempt from the provisions of this chapter to the extent that such physician uses, in the practice of medicine, medical diagnostic and therapeutic equipment which emits ultraviolet radiation. (c) Any individual is exempt from the provisions of this chapter to the extent that such individual owns tanning equipment exclusively for personal, noncommercial use. 31-38-3. Each tanning facility in this state shall be constructed, operated, and maintained in accordance with the requirements of Code Sections 31-38-4 through 31-38-8. 31-38-4. (a) The facility owner or operator shall conspicuously post the warning sign described in subsection (b) of this Code section within three feet of each tanning station and in such a manner that the sign is clearly visible, not obstructed by any barrier, equipment, or other object, and can be easily viewed by the consumer before energizing the tanning equipment. (b) The warning sign required in subsection (a) of this Code section shall use upper and lower case letters which are at least two inches and one inch in height, respectively, and shall have the following wording:
DANGER - ULTRAVIOLET RADIATION
-Follow instruction. -Avoid overexposure. As with natural sunlight, overexposure can cause eye and skin injury and allergic reactions. Repeated exposure may cause premature aging of the skin and skin cancer. -Wear protective eyewear.
FAILURE TO USE PROTECTIVE EYEWEAR MAY RESULT IN SEVERE BURNS OR LONG-TERM INJURY TO THE EYES.
-Medications or cosmetics may increase your sensitivity to the ultraviolet radiation. Consult a physician before using sunlamp or tanning equipment if you are using medications or have a history of skin problems or believe yourself to be especially sensitive to sunlight.
-If you do not tan in the sun, you are unlikely to tan from the use of this product.
MAXIMUM EXPOSURE AT ANY ONE SESSION SHOULD NEVER EXCEED 15 MINUTES.
According to the research and clinical experience of the American Academy of Dermatology, excessive or improper exposure to ultraviolet light can cause harmful changes in the skin and other organs, including skin cancer, cataracts, impairment of the immune system, premature aging, and photosensitivity. These are virtually the same risks associated with outdoor tanning.
31-38-5. (a) The tanning facility owner or operator shall use only tanning equipment manufactured in accordance with the specifications set forth in 21 CFR 1040.20. The exact nature of compliance shall be based on the standards in effect at the time of manufacture as shown on the device identification label required by 21 CFR 1010.3.

2524

JOURNAL OF THE HOUSE,

(b) Each assembly of tanning equipment shall be designated for use by only one consumer at a time and shall be equipped with a timer which complies with the requirements of 21 CFR 1040.20(c)(2). The maximum timer interval shall not exceed the manufacturer's maximum recommended exposure time. No timer interval shall have an error exceeding plus or minus 10 percent of the maximum timer interval for the product.
(c) Tanning equipment shall meet the National Fire Protection Association National Electrical Code and shall be provided with ground fault protection on the electrical circuit.
(d) Tanning equipment shall include physical barriers to protect consumers from injury induced by touching or breaking the lamps.
31-38-6. Tanning booths designed for stand-up use shall also comply with the following additional requirements:
(1) Booths shall have physical barriers or other means, such as handrails or floor markings, to indicate the proper exposure distance between ultraviolet lamps and the consumer's skin;
(2) Booths shall be constructed with sufficient strength and rigidity to withstand the stress of use and the impact of a falling person;
(3) Access to booths shall be of rigid construction with doors which are nonlatching and open outwardly; and
(4) Booths shall be equipped with handrails and nonslip floors. 31-38-7. (a) The tanning facility owner or operator shall provide protective goggles
to each consumer for use during any use of tanning equipment. (b) The protective goggles required in subsection (a) of this Code section shall meet
the requirements of 21 CFR 1040.20(c)(5). (c) Tanning facility operators shall ensure that consumers wear the protective goggles
required by this Code section. (d) The tanning facility owner or operator shall ensure that the protective goggles
required by this Code section are properly sanitized before each use and shall not rely
upon exposure to the ultraviolet radiation produced by the tanning equipment itself to provide such sanitizing.
31-38-8. (a) The tanning facility owner or operator shall compile a written report of actual or alleged injury from use of tanning equipment within five working days after occurrence or notice thereof. Such report shall be maintained for a period of not less
than three years and shall be available for inspection and copying by any consumer. The report shall include:
(1) The name of the affected individual; (2) The name and location of the tanning facility and identification of the specific tanning equipment involved;
(3) The nature of the actual or alleged injury; and
(4) Any other information relevant to the actual or alleged injury to include the date and duration of exposure. (b) The tanning facility owner or operator shall not allow minors to use tanning
equipment unless the minor's parent or legal guardian signs a written consent form meeting the requirements of this Code section. Such consent form shall be signed by the
parent or legal guardian at the tanning facility before the minor may use the equipment or facility.
(c) The tanning facility owner or operator shall replace defective or burned out lamps, bulbs, or filters with a type intended for use in the affected tanning equipment
as specified on the product label and having the same spectral distribution. (d) The tanning facility owner or operator shall replace ultraviolet lamps and bulbs,
which are not otherwise defective or damaged, at such frequency or after such duration of use as may be recommended by the manufacturer of such lamps and bulbs.
31-38-9. Any person who leases tanning equipment or who owns a tanning facility as
defined by this chapter who operates or permits to be operated that equipment or facility in noncompliance with the requirements of this chapter shall be guilty of a misdemeanor.
31-38-10. In addition to any other rights or remedies otherwise provided to consum-
ers by law, any consumer who is damaged by any violation of this chapter may bring

WEDNESDAY, MARCH 13, 1991

2525

an action in superior court to recover a penalty fee of no less than $1,000.00 and to recover any actual, consequential, or punitive damages the court deems appropriate. Any recovery under this Code section shall also include attorney's fees and court costs. It is the intent of the General Assembly in this Code section to provide consumers with an additional remedy to encourage enforcement of this chapter through private rights of action.
31-38-11. Any tanning facility which finds that it is not possible to comply with Code Section 31-38-4 may apply to the administrator appointed pursuant to subsection (a) of Code Section 10-1-395 for a variance from the requirements of Code Section 31-38-4. Any such variance granted by the administrator shall be in writing and shall be drawn as narrowly as possible.
31-38-12. Nothing contained in this chapter shall be construed as imposing any duty, requirement, or enforcement authority upon the administrator appointed pursuant to Code Section 10-1-395 except as described in Code Section 31-38-11, provided that nothing contained in this chapter shall be construed in any manner as limiting the administrator from exercising any of his duties, powers, or authority under any other law. The administrator shall not be liable to any person for any reason as a result of granting or failing to grant any variance under Code Section 31-38-11."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Teper of the 46th moved that the House agree to the Senate substitute to HB 894.
On the motion the ayes were 104, nays 2.
The motion prevailed.

The following Resolutions of the House were read and adopted:
HR 572. By Representatives Jenkins of the 80th and Ray of the 98th: A resolution recognizing and commending the Fourth Annual Wild Turkey Jamboree.

HR 573. By Representatives Teper of the 46th, Orrock of the 30th, Martin of the 26th and Oliver of the 53rd:
A resolution commending the Euclid Avenue Yacht Club.

HR 574. By Representatives Dunn of the 73rd, Lee of the 72nd, Chafin of the 72nd and Buckner of the 72nd:
A resolution commending Mr. J. T. Williams, the Eagle's Landing Country Club and community, and Killearn Properties, Inc.

HR 575. By Representatives Chambless of the 133rd, Cummings of the 134th, White of the 132nd and Balkcom of the 140th:
A resolution expressing regret at the passing of William R. "Billy" Bragg.

HR 576. By Representatives Chambless of the 133rd, Cummings of the 134th, White of the 132nd and Balkcom of the 140th:
A resolution commending the Deerfield Windsor School basketball team.

HR 577. By Representative Ray of the 98th:
A resolution expressing support for the men and women of Peach County serving in Operation Desert Storm.

2526

JOURNAL OF THE HOUSE,

HR 578. By Representative Ray of the 98th:
A resolution expressing support for the men and women of Macon County serving in Operation Desert Storm.

HR 579. By Representative Carrell of the 65th: A resolution commending the Monroe Area Comprehensive High School "Lady Canes" softball team.
HR 580. By Representative Poston of the 2nd: A resolution expressing regret at the untimely passing of John William "Judge" Pittman.
HR 581. By Representatives Childers of the 15th, Selman of the 32nd, Lee of the 72nd, Moultrie of the 93rd, Redding of the 50th and others: A resolution commending Betty Roe and Barbara Browning.
HR 582. By Representatives Buckner of the 72nd, Lee of the 72nd, King of the 72nd, Benefield of the 72nd and Chafin of the 72nd: A resolution commending the Clayton County Water Authority.

HR 583. By Representatives Thomas of the 55th, Canty of the 38th, Holmes of the 28th, Stanley of the 33rd and Valenti of the 52nd:
A resolution honoring Miss Katherine Pope.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House:

HB 283. By Representatives Dover of the llth, Godbee of the 110th, Royal of the 144th, Harris of the 84th, Barnett of the 10th and others:
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 current use valuation and taxation of bona fide conservation use property and bona fide residential transitional property; to provide for the ad valorem taxation of timber.
The President has appointed on the part of the Senate the following:
Senators Turner of the 8th, Starr of the 44th and Deal of the 49th.

The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House:

HB 648. By Representatives Carter of the 146th and Patten of the 149th:
A bill to amend Code Section 12-5-42 of the Official Code of Georgia Annotated, relating to cooperative efforts for the abatement of pollution, orders of abatement, and hearings, so as to provide for cooperative efforts for the abatement of violations related to the withdrawal, diversion, or impoundment of surface water.

WEDNESDAY, MARCH 13, 1991

2527

Representative Thomas of the 69th District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 260 Do Pass, by Substitute SB 283 Do Pass, by Substitute
Respectfully submitted, /s/ Thomas of the 69th
Chairman

Representative Dover of the llth District, Chairman of the Committee on Ways & Means, submitted the following report:

Mr. Speaker:
Your Committee on Ways & Means has had under consideration the following Resolution of the Senate and has instructed me to report the same back to the House with the following recommendation:
SR 159 Do Pass, by Substitute
Respectfully submitted, /s/ Dover of the llth
Chairman

Pursuant to SR 319, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Friday, March 15, 1991.

2528

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Friday, March 15, 1991

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with. Prayer was offered by the Reverend Walter J. Donovan, Sacred Heart Church, Atlanta, Georgia.
The members pledged allegiance to the flag.
Representative Bargeron of the 108th, Chairman of the Committee on Journals, 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.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:
HB 1091. By Representatives Poston of the 2nd and Purcell of the 129th: A bill to amend Code Section 12-8-66 of the Official Code of Georgia Annotated, relating to permits for the construction and operation of hazardous waste facilities, so as to provide that no permit shall be issued for a hazardous waste facility if any part of the site is within a certain distance of a ground-water recharge area.
Referred to the Committee on Natural Resources & Environment.
HB 1092. By Representative Poston of the 2nd: A bill to amend Code Section 12-8-66 of the Official Code of Georgia Annotated, relating to permits for the construction and operation of hazardous waste facilities, so as to prohibit the issuance of any additional hazardous waste facility permits for a certain period of time.
Referred to the Committee on Natural Resources & Environment.

FRIDAY, MARCH 15, 1991

2529

HB 1093. By Representative Pinkston of the 100th:
A bill to create the Macon-Bibb County Governmental Reorganization Study Commission.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1094. By Representatives Orr of the 9th, Jackson of the 9th and Lawson of the 9th:
A bill to amend an Act to create and establish a civil service system in Hall County for employees of Hall County, so as to change the employees covered under such system.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1095. By Representative Smith of the 78th:
A bill to amend Code Section 48-4-45 of the Official Code of Georgia Annotated, relating to notice of foreclosure of the right to redeem, so as to clarify when the right to redeem property from a tax sale expires and the conditions relating thereto.
Referred to the Committee on Judiciary.
HB 1096. By Representatives Floyd of the 154th and Pinkston of the 100th:
A bill to amend Chapter 17 of Title 50 of the Official Code of Georgia Annotated, relating to state debt, investments, and depositories, so as to provide for security for public deposits.
Referred to the Committee on Banks & Banking.

HB 1097. By Representative Murphy of the 18th:
A bill to amend Article 8 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to multiple-party accounts in financial institutions, so as to provide the exclusive conditions under which financial institutions and attorneys may establish trust accounts; to provide for interest-bearing and noninterest-bearing accounts.
Referred to the Committee on Judiciary.

HB 1098. By Representatives Jenkins of the 80th and Murphy of the 18th:
A bill to amend Code Section 15-9-30 of the Official Code of Georgia Annotated, relating to jurisdiction and powers of the probate courts, so as to provide that, subject to the approval of the chief judge of the judicial circuit wherein such court is located, such courts shall have jurisdiction to try and dispose of all misdemeanor cases arising in the county where the defendant waives a jury trial and pleads guilty.
Referred to the Committee on Judiciary.

HB 1099. By Representative Jenkins of the 80th:
A bill to amend Code Section 15-9-30 of the Official Code of Georgia Annotated, relating to jurisdiction and powers of the probate courts, so as to provide that such courts shall have jurisdiction to try and dispose of all misdemeanor cases arising in the county where the defendant waives a jury trial and pleads guilty.
Referred to the Committee on Judiciary.

2530

JOURNAL OF THE HOUSE,

HR 571. By Representatives Parham of the 105th, Parrish of the 109th and Atkins of the 21st:
A resolution creating the House Tiered Pricing of Pharmaceuticals Study Committee.
Referred to the Committee on Rules.

HR 597. By Representatives Lupton of the 25th and Townsend of the 24th:
A resolution urging the United States Urban Mass Transit Administration to provide funding for a study of a proposed monorail people mover for the Buckhead area.
Referred to the Committee on Transportation.

HR 598. By Representative Redding of the 50th:
A resolution proposing an amendment to the Constitution so as to provide that a bill or resolution passed by the General Assembly shall become law if the Governor approves or fails to veto such bill within six days from the date of transmitted within the first 19 days of a legislative session or within three days from the date of transmittal on or after the 20th day of legislative session.
Referred to the Committee on Judiciary.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 1067 HB 1068 HB 1069 HB 1070 HB 1071 HB 1072 HB 1073 HHBB 11007745 HB 1Q76
HB 1077
HB 1078 HB 1079
HB 1080 HB 1081
HB 1082

HB 1084 HB 1085 HB 1086 HB 1087 HB 1088 HB 1089 HB 1090 Hp 5,2,5. HR 538
HK 539
HR 54 HR 543
HR 567 SB 456
SB 457

Representative Lee of the 72nd District, Chairman of the Committee on Rules, submitted the following report:

Mr. Speaker:

Your Committee on Rules has had under consideration the following Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HR 163 Do Pass, By Substitute SR 166 Do Pass, By Substitute

SR 190 Do Pass HR 542 Do Pass

FRIDAY, MARCH 15, 1991

2531

Respectfully submitted, /s/ Lee of the 72nd
Chairman

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR FRIDAY, MARCH 15, 1991
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 40th Legislative Day as enumerated below:
HR 28 House Strategic Planning Study Committee; Create HR 163 Jt. Study Committee on Minority Business Enterprise Participation;
Create HR 500 K. T. Kennedy Reef; Designate
SB 155 Schools; Compulsory Attendance; Age SB 188 Geologists; Supervision by Certain Individuals; Amend Provisions SB 197 Georgia Board of Power Engineers; Create SB 202 Municipal Corp.; Gas Pipeline or Dist. System; Value SB 260 Juv. Proceedings; Hearings, Records, Etc.; Amend Provisions SB 283 Juveniles Awaiting Adjudication; Restraints on Freedom; Revise SB 324 Emergency Vehicles; Flashing Green Lights; Restrict SB 325 Torts; Unliquidated Damages; Interest SB 338 Psychologists; Licensure; Provisions SB 374 Wild Animals; Pet Ferret; Certain Requirements SB 382 Recall Act of 1989; Amend Provisions SB 416 State Structural Pest Control Commission; Expand Powers
SR 72 Joint Study Committee on Children & Youth; Create SR 149 Joint Study Comm. on Teachers' Accumulated Sick Leave; Create SR 166 Urban Policy Study Commission; Create SR 190 Jt. Study Committee for Regional Development Centers; Create
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Lee of the 72nd
Chairman

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the House:

HB 187. By Representatives Thomas of the 69th and Simpson of the 70th:
A bill to amend Code Section 17-6-11 of the Official Code of Georgia Annotated, relating to the deposit of a driver's license in lieu of bail, so as to provide for extension of the period in which the receipt for deposit of a driver's license in lieu of bail is valid.

2532

JOURNAL OF THE HOUSE,

HB 251. By Representatives Randall of the 101st, Bostick of the 138th, Irwin of the 57th and Turnquest of the 56th:
A bill to amend Article 1 of Chapter 4 of Title 53 of the Official Code of Georgia Annotated, relating to descent and distribution of deceased's estates, so as to provide that a child or children born out of wedlock may inherit from or through the father under certain conditions; to provide that the father and other paternal kin may inherit from or through a child born out of wedlock under certain conditions.

HB 334. By Representatives Dover of the llth, Godbee of the 110th and Royal of the 144th:
A bill to amend Code Section 48-2-32 of the Official Code of Georgia Annotated, relating to authorized forms of payment of certain taxes and license fees, so as to change certain provisions relating to payment by check or money order.

HB 340. By Representatives Dover of the llth, Godbee of the 110th and Royal of the 144th:
A bill to amend Code Section 48-2-59 of the Official Code of Georgia Annotated, relating to appeals to the superior court from certain orders, rulings, or findings of the state revenue commissioner, so as to require the filing of a surety bond with respect to certain appeals.

HB 383. By Representative Redding of the 50th:
A bill to amend Code Section 7-1-705 of the Official Code of Georgia Annotated, relating to the posting of notices of charges by licensed check cashers and other requirements, so as to revise the requirements for surety bonds to be maintained by certain licensed check cashers.

HB 389. By Representatives Lucas of the 102nd, Clark of the 13th and Green of the 106th:
A bill to amend Code Section 31-7-263 of the Official Code of Georgia Annotated, relating to contested cases for licensure of directors of personal care homes for purposes of the "Georgia Administrative Procedure Act," so as to provide that hearing officers may have certain powers and duties in certain circumstances.

HB 396. By Representatives Harris of the 84th, Barnett of the 10th and Parham of the 105th:
A bill to amend Code Section 35-1-4 of the Official Code of Georgia Annotated, relating to requirements for reporting stolen vehicles and license plates, so as to change certain reporting requirements.

HB 427. By Representatives Murphy of the 18th, Walker of the 115th, Lee of the 72nd, Edwards of the 112th and Groover of the 99th:
A bill to amend Code Section 28-1-4 of the Official Code of Georgia Annotated, relating to the oath of office for members of the General Assembly, so as to authorize judges of the state courts to administer the oath of office to members of the General Assembly.

FRIDAY, MARCH 15, 1991

2533

HB 434. By Representatives Aiken of the 21st, Langford of the 7th, Moody of the 153rd, Wilder of the 21st, Clark of the 20th (Post 3) and others:
A bill to amend Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, so as to regulate the installation of certain fire suppression systems; to regulate the inspection, recharging, repairing, servicing, or testing of portable fire extinguishers or fire suppression systems.

HB 436. By Representatives Alford of the 57th, Irwin of the 57th, Teper of the 46th, Redding of the 50th, Oliver of the 53rd and others:
A bill to amend Code Section 17-6-4 of the Official Code of Georgia Annotated, relating to authorization of posting of cash bonds generally, so as to allow counties to dispose of unclaimed bonds posted for certain cases.

HB 468. By Representatives Harris of the 84th, Parham of the 105th and Barnett of the 10th:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to prohibit the display on the rear of any vehicle of any permanent or temporary license plate which resembles an official license plate issued by the State of Georgia.

HB 488. By Representatives Holland of the 136th, Royal of the 144th and Lane of the 27th:
A bill to amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, so as to provide for development of facilities to encourage economic and civic development in less developed counties.

HB 526. By Representatives Aiken of the 21st, Vaughan of the 20th and Coker of the 21st:
A bill to amend Article 2 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to traffic signs, signals, and markings, so as to provide that it shall be unlawful for any person to place or install any blue retroreflective raised pavement marker on any public highway, road, or street.

HB 531. By Representatives Jenkins of the 80th, Twiggs of the 4th, Barnett of the 10th, Ray of the 98th, Walker of the 113th and others:
A bill to amend Article 3 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to disposition of property seized, so as to provide for the disposition of certain personal property in the custody of law enforcement agencies.

HB 555. By Representatives Birdsong of the 104th, Dixon of the 128th, Streat of the 139th, Stanley of the 33rd and Heard of the 43rd:
A bill to amend Title 51 of the Official Code of Georgia Annotated, relating to torts, so as to provide for immunity from liability of certain persons who provide volunteer transportation services.

2534

JOURNAL OF THE HOUSE,

HB 567. By Representatives Coker of the 21st, Aiken of the 21st, Vaughan of the 20th, Atkins of the 21st and Clark of the 20th (Post 4):
A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to provide that a person who is convicted of the offense of public indecency three or more times shall be guilty of a felony.

HB 574. By Representatives Ricketson of the 82nd, Griffin of the 6th and Barnett of the 10th:
A bill to amend Article 5 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to offenses regarding motor vehicle certificates of title, security interests, and liens, so as to provide that the false reporting of the theft or conversion of a vehicle shall be a felony offense.

HB 594. By Representatives Barnett of the 10th, Parham of the 105th and Harris of the 84th:
A bill to amend Chapter 47 of Title 43 of the Official Code of Georgia Annotated, the "Used Car Dealers' Registration Act," so as to provide that leasing and rental companies which are required to be licensed shall be exempt from certain requirements; to provide for licensing of pawnbrokers who engage in sales of automobiles.

HB 626. By Representatives Redding of the 50th, Baker of the 51st, Alford of the 57th, Atkins of the 21st, McKinney of the 35th and others:
A bill to amend Code Section 36-1-20 of the Official Code of Georgia Annotated, relating to ordinances for governing and policing unincorporated areas of the county, so as to increase the maximum fine from $500.00 to $1,000.00.

HB 637. By Representatives Cummings of the 17th and Floyd of the 135th:
A bill to amend Code Section 47-1-2 of the Official Code of Georgia Annotated, relating to the pooling of funds by retirement systems for investment purposes, so as to change a provision relating to the determination of state retirement systems.

HB 660. By Representative Reaves of the 147th:
A bill to amend Code Section 2-8-53 of the Official Code of Georgia Annotated, relating to membership of the Agricultural Commodity Commission for Peanuts, so as to provide that if only one person qualifies for a position on the commission, no election shall be required for that position and that person shall automatically become a member of the commission.

HB 670. By Representatives Klein of the 21st, Holmes of the 28th, Heard of the 43rd and Goodwin of the 63rd:
A bill to amend Code Section 21-2-267 of the Official Code of Georgia Annotated, relating to equipment at polling places, so as to require that certain summaries of proposals to amend the Constitution or provide for a new Constitution be provided in polling places.

FRIDAY, MARCH 15, 1991

2535

HB 679. By Representative Thomas of the 69th:
A bill to amend Code Section 15-18-44 of the Official Code of Georgia Annotated, relating to the powers and duties of the Prosecuting Attorneys' Council, so as to allow the compensation of administrative or clerical personnel employed by the council out of council funds when they are receiving retirement compensation from a county or municipal retirement plan for past services.

HB 693. By Representatives Dobbs of the 74th, Pettit of the 19th, Heard of the 43rd and Lane of the lllth:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, so as to provide that no county shall require any private contractor who performs services on his property or on private property pursuant to an agreement with an individual, corporation, partnership, association, or other private entity to purchase from the county any materials used in the construction or repair of any water system, sewer system, storm or drainage system, building, or other facilities on such property.

HB 694. By Representatives Hightower of the 36th, McKinney of the 35th, Davis of the 29th, Holmes of the 28th, Selman of the 32nd and others:
A bill to amend Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person, so as to provide for punishment as for a high and aggravated misdemeanor of any person convicted of simple assault, simple battery, or battery in a public transit vehicle or station.

HB 718. By Representative Martin of the 26th:
A bill to repeal an Act approved April 17, 1963, providing for a chief judge of the Superior Court of the Atlanta Judicial Circuit.

HB 731. By Representatives Royal of the 144th, Greene of the 130th, Skipper of the 116th and Harris of the 84th:
A bill to amend Code Section 42-4-31 of the Official Code of Georgia Annotated, relating to safety measures required of persons in charge of certain detention facilities, so as to provide that certain municipal detention facilities shall be authorized to utilize a full-time dispatcher as a full-time jailer under certain conditions.

HB 739. By Representatives Chambless of the 133rd, Thomas of the 69th and Pettit of the 19th:
A bill to amend Article 1 of Chapter 9 of Title 14 of the Official Code of Georgia Annotated, relating to general provisions relative to the Georgia Revised Uniform Limited Partnership Act, so as to change the provisions relating to indemnification of partners and other persons.

HB 760. By Representatives Chambless of the 133rd and Cheeks of the 89th:
A bill to amend Chapter 6 of Title 29 of the Official Code of Georgia Annotated, relating to guardians of beneficiaries of the United States Department of Veterans Affairs, so as to change the provisions on compensation of guardians.

2536

JOURNAL OF THE HOUSE,

HB 773. By Representative Bostick of the 138th:
A bill to amend Code Section 34-9-1 of the Official Code of Georgia Annotated, relating to definitions applicable to workers' compensation, so as to provide that certain owner-operators of equipment shall be deemed to be independent contractors.

HB 785. By Representative Parham of the 105th:
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 allow imposition of fines for serious traffic offenses; to grant exclusive jurisdiction over traffic offenses committed by persons under 17 years of age to the juvenile courts; to change the age for an offense to be considered a juvenile traffic offense.

HB 788. By Representatives Milam of the 81st, Long of the 142nd, Twiggs of the 4th, Benefield of the 72nd and Ware of the 77th:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special motor vehicle license plates for certain persons and vehicles, so as to provide for special license plates for veterans of the armed forces of the United States.

HB 794. By Representatives Porter of the 119th, Pinkston of the 100th, Thomas of the 69th and Baker of the 51st:
A bill to amend Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and administration of estates, so as to revise and reorganize the laws relating to trusts.

HB 798. By Representative Connell of the 87th:
A bill 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 any individual, partnership, association, joint-stock company, trust, or corporation authorized to transact business within the State of Georgia may monitor and record telephone conversations between its employees and its customers for the sole purpose of developing customer service.

HB 820. By Representative Pettit of the 19th:
A bill to amend Code Section 36-62-6 of the Official Code of Georgia Annotated, relating to general powers of authorities under the "Development Authorities Law," so as to provide that authorities shall have the power to expend surplus funds for the purpose of promoting industry, agriculture, and trade.

HB 823. By Representatives Walker of the 115th, Groover of the 99th, Murphy of the 18th and Buck of the 95th:
A bill to amend Code Section 42-8-34.2 of the Official Code of Georgia Annotated, relating to civil actions and remedies for the collection of fines, costs, restitution, and reparation ordered as a condition of probation, so as to provide that no deposit of court costs shall be required for such civil actions and remedies.

FRIDAY, MARCH 15, 1991

2537

HB 781. By Representatives Aiken of the 21st, Atkins of the 21st, Coker of the 21st, Clark of the 20th (Post 3), Wilder of the 21st and others:
A bill to amend an Act reincorporating the City of Marietta, so as to change the corporate limits of the city.

HB 916. By Representatives Dixon of the 151st and Smith of the 152nd:
A bill to amend an Act incorporating the City of Kingsland, so as to change the corporate limits of such municipality.

HB 945. By Representatives Twiggs of the 4th and Colwell of the 4th:
A bill to amend an Act granting a new charter to the City of Young Harris, so as to change the corporate limits of the city.

HB 948. By Representatives Walker of the 113th and Watson of the 114th:
A bill to amend an Act incorporating the City of Centerville, so as to change the corporate limits of said city.

HB 971. By Representative Dixon of the 151st and Smith of the 152nd:
A bill to amend an Act incorporating the City of Kingsland, so as to change the mandatory provision of having a city manager employed by the City of Kingsland.

HB 973. By Representative Dixon of the 151st and Smith of the 152nd:
A bill to amend an Act creating the Camden County Public Service Authority, so as to delete a provision relating to the power of the authority to undertake certain projects, services, or facilities.

HB 976. By Representatives Stancil of the 8th and Pinholster of the 8th: A bill to create a board of commissioners of Pickens County.

HB 997. By Representatives Valenti of the 52nd, Oliver of the 53rd, Henson of the 57th, Redding of the 50th, Alford of the 57th and others:
A bill to amend an Act creating the State Court of DeKalb County, so as to change certain fees.

HB 1017. By Representatives Jones of the 71st, Meadows of the 91st, Flynt of the 75th and Ware of the 77th:
A bill to amend an Act creating a Board of Commissioners of Coweta County, so as to provide for an additional member of the board of commissioners to be elected at large by the qualified voters of the county.

HB 1019. By Representatives Aiken of the 21st, Atkins of the 21st, Klein of the 21st, Coker of the 21st and Clark of the 20th (Post 4):
A bill to amend an Act reincorporating the City of Marietta, so as to change the corporate limits of the city.

2538

JOURNAL OF THE HOUSE,

HB 1023.

By Representatives Snow of the 1st and McCoy of the 1st:
A bill to amend an Act placing the judge of the Probate Court of Walker County on a salary basis, so as to change the provisions relating to the amount of funds for the compensation of the personnel of said officer.

HB 1024.

By Representatives Snow of the 1st and McCoy of the 1st:
A bill to amend an Act creating the office of tax commissioner of Walker County, so as to change the provisions relating to the amount of funds for the compensation of the personnel of the tax commissioner.

HB 1025.

By Representatives Snow of the 1st and McCoy of the 1st:
A bill to amend an Act placing the clerk of the Superior Court of Walker County on an annual salary, so as to change the provisions relating to the amount of funds for the compensation of the personnel of said officer.

HB 1026. By Representative Smith of the 152nd:
A bill to revise and reenact the law creating a Board of Commissioners of Bacon County.

HB 1027. By Representatives Byrd of the 153rd and Moody of the 153rd: A bill to incorporate and provide a charter for the City of Graham.

HB 1028.

By Representatives Smith of the 152nd, Moody of the 153rd and Byrd of the 153rd:
A bill to amend an Act creating the office of commissioners of Roads and Revenues of Brantley County, so as to provide a new mileage rate for the chairman and board of commissioners.

HB 1032.

By Representative Balkcom of the 140th:
A bill to abolish the office of Treasurer of Baker County; to provide that the Board of Commissioners of Baker County shall appoint depositories for county funds.

HB 1033. By Representative Balkcom of the 140th:
A bill to consolidate the offices of tax receiver and tax collector of Baker County into the office of tax commissioner of Baker County.

HB 1046.

By Representatives Lee of the 72nd, Chafin of the 72nd, King of the 72nd, Benefield of the 72nd and Buckner of the 72nd:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, so as to change the provisions relative to the compensation of the deputy tax commissioner.

HB 1047.

By Representatives Watson of the 114th and Walker of the 113th:
A bill to amend an Act providing a new charter for the City of Warner Robins in Houston County, so as to provide for the inclusion of certain property within the corporate limits of said city.

FRIDAY, MARCH 15, 1991

2539

HB 1049. By Representative Blitch of the 150th:
A bill to amend an Act incorporating the City of Homerville in Clinch County, so as to revise provisions relating to meetings of the city council.

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

HR 18. By Representatives Aiken of the 21st and Vaughan of the 20th: A resolution compensating Mrs. Margaret Drew.

HR 40. By Representatives Dover of the llth and Jamieson of the llth: A resolution compensating Mr. James Thomason.

HR 42. By Representative Barnett of the 10th: A resolution compensating Mr. Edmund J. Heartstedt.

HR 104. By Representative Pettit of the 19th:
A resolution compensating Conestoga Management, Inc., L. F. Heilman, President.

HR 107. By Representative Wilder of the 21st: A resolution compensating Ms. Wilma G. Hargus.

HR 109. By Representative Adams of the 79th: A resolution compensating Mr. Gary J. Daniel.

HR 119. By Representative Orrock of the 30th: A resolution compensating Mr. Keith Stephen Marks.

HR 184. By Representatives Childers of the 15th and McKelvey of the 15th: A resolution compensating Mr. Hoyt L. Nelson.

HR 336. By Representative Padgett of the 86th: A resolution compensating Mr. Marshall D. Coursey.

HR 151. By Representatives Wilder of the 21st, Clark of the 20th (Post 4), Pinholster of the 8th, Klein of the 21st, Aiken of the 21st and others:
A resolution urging and encouraging the United States Congress to override through legislation the decision of the Supreme Court of the United States in Pennsylvania v. Davenport.

HR 283. By Representatives Colwell of the 4th, Twiggs of the 4th, Dover of the llth, Dobbs of the 74th, Porter of the 119th and others:
A resolution redesignating a portion of the Appalachian Highway, State Route 515, beginning at the north end of Interstate 575 and continuing to the border between Georgia and North Carolina, as "The Zell Miller Mountain Parkway".

2540

JOURNAL OF THE HOUSE,

HR 318. By Representatives Walker of the 115th, Ray of the 98th, Groover of the 99th, Murphy of the 18th and Lee of the 72nd: A resolution designating the John T. McKenzie Bridge.
HR 346. By Representative Birdsong of the 104th: A resolution designating the Elmer A. Dennard Highway.

HR 348. By Representatives Patten of the 149th, Breedlove of the 60th and Barfoot of the 120th:
A resolution creating the Water Resource Conservation Management Study Committee.

The Senate has adopted the report of the Committee of Conference on the following Bills of the Senate and House:

SB 39. By Senators Turner of the 8th, Deal of the 49th, Broun of the 46th and others:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Fair Business Practices Act of 1975," so as to prohibit merchants from requiring a purchaser's telephone number as a condition of purchase when payment for the transaction is made by credit card.

SB 321. By Senator Kidd of the 25th:
A bill to amend an Act creating and establishing a new charter for the City of Eatonton, as amended, so as to change the corporate limits of the city.

HB 70. By Representatives Thomas of the 69th and Groover of the 99th:
A bill to amend Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to cases in which an application for an appeal is required, so as to change the provisions relating to appeals in actions for damages in which the judgement is less than a certain dollar amount.

The Senate has agreed to the House amendment to the following Bills of the Senate:

SB 192. By Senators Olmstead of the 26th, Taylor of the 12th and Harris of the 27th:
A bill to amend Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to state health planning, so as to abolish the Health Policy Council and create in its place the Health Strategies Council and provide for the composition and functions thereof; to provide for appointment and confirmation of members; to provide for member's terms, qualifications, removal, vacancies, and compensation; to provide for organization of the council; to provide for effective dates.

SB 208. By Senator Edge of the 28th:
A bill to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody proceedings, so as to provide that state policy shall be that a minor child has frequent and continuing contact with parents that show the ability to act in the best interest of the child and to encourage parents to share in the rights and responsibilities of raising their children after separation and divorce.

FRIDAY, MARCH 15, 1991

2541

SB 212. By Senators Steinberg of the 42nd, Garner of the 30th, Johnson of the 47th and others:
A bill to amend Article 4 of Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to the reporting of abuse or exploitation of residents in long-term care facilities, so as to change the provisions relating to immunity from liability; to change the provision relating to confidentiality; to provide for legislative intent and for rules to prevent certain conflicts or loss of funds.
The Senate has agreed to the House substitute to the following Bills of the Senate:
SB 58. By Senator Ramsey of the 54th:
A bill to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to define the offenses of feticide by vehicle in the first degree and feticide by vehicle in the second degree; to provide penalties.
SB 67. By Senator Tysinger of the 41st:
A bill to amend Chapter 67A of Title 36 of the Official Code of Georgia Annotated, relating to conflicts of interest in zoning actions, so as to revise said chapter; to provide for definitions; to provide for disclosure of certain financial interests by local government officials and for additional requirements in connection therewith.
SB 133. By Senator Hasty of the 51st:
A bill to amend Code Section 44-5-60 of the Official Code of Georgia Annotated, relating to convenants running with the land, so as to change the provisions regarding the continuation of such covenants.
SB 178. By Senators Thompson of the 33rd, Newbill of the 56th, Dean of the 31st and others:
A bill to amend Article 3 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to criminal trial proceedings, so as to change the provisions regarding closed circuit television testimony by certain children who are victims or witnesses of certain crimes; to provide an effective date.
SB 184. By Senator Johnson of the 47th:
A bill to amend Code Section 51-10-6 of the Official Code of Georgia Annotated, relating to the owner's right of action for damage to or theft involving personal property, so as to provide for the recovery of compensatory damages, minimum liquidated exemplary damages, reasonable attorney's fees, and costs in actions pursuant to this Code section in which the claim value does not exceed $5,000.00 and to provide for the recovery of damages from the parents or legal guardian of certain unemancipated minors liable under this Code section.
SB 213. By Senators Steinberg of the 42nd, Johnson of the 47th and Deal of the 49th:
A bill to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of hospitals and related institutions, so as to provide that the Department of Human Resources shall provide lists of nursing homes determined to have certain deficiencies and include sanctions and remedies therefor and to require such nursing homes to provide notices of such deficiencies and other matters to certain persons and entities; to provide for fines.

2542

JOURNAL OF THE HOUSE,

SB 217. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
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 that the high school general education program shall be the base program against which the cost of all other instructional programs shall be compared; to modify the program weights assigned to instructional programs under the Quality Basic Education Formula.

SB 313. By Senators Hammill of the 3rd and Gillis of the 20th:
A bill to amend Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to education in general, so as to make it a misdemeanor to buy, sell, create, duplicate, alter, give, or obtain a document which purports to signify merit or achievement conferred by an institution of education; to provide for penalties.

SB 349. By Senators Newbill of the 56th, Ragan of the 32nd and Thompson of the 33rd:
A bill to provide for the determination of the millage rate by the governing authorities of Cobb County, any municipality wholly or partially located in Cobb County, and the school systems of Cobb County and any municipalities wholly or partially located in Cobb County; to provide for definitions; to provide for certification of taxable values and millage rates by the tax commissioner of Cobb County; to provide for the adoption of millage rate resolutions and ordinances; to provide procedures for the adoption of a millage rate; to provide for the publication of notices; to provide for the form of notices; to provide the procedure for adopting the ordinance or resolution.

SB 370. By Senators Deal of the 49th and Kidd of the 25th:
A bill to amend Code Section 35-6A-3 of the Official Code of Georgia Annotated, relating to membership of the Criminal Justice Coordinating Council, so as to change the membership of the council; to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, so as to create the Georgia Commission on Juvenile Justice as a successor to the Juvenile Justice Coordinating Council and the Commission on Children and Youth.

SB 386. By Senators Scott of the 36th, Newbill of the 56th, Shumake of the 39th and others:
A bill to provide that the Board of Commissioners of Fulton County and the Council of the City of Atlanta shall site no new solid waste disposal facility, including a sewage sludge incinerator, until they enact local solid waste disposal plans; to provide an effective date.

SB 407. By Senator Starr of the 44th:
A bill to amend Part 1A of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, the "Nonpublic Postsecondary Educational Institutions Act of 1990," so as to change certain exemptions; to provide an effective date.

The Senate has disagreed to the House amendment to the Senate substitute to the following Bill of the House:

FRIDAY, MARCH 15, 1991

2543

HB 886. By Representatives Watts of the 41st, Parham of the 105th and Watson of the 114th:
A bill 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 require vehicles used to transport certain substances to be marked in a certain way.

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

HB 420. By Representative Hammond of the 20th:
A bill to amend Code Section 48-13-51 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 provide authorization with certain conditions for certain counties and municipalities to levy such tax.

The Senate recedes from its substitute to the following Bill of the House:

HB 66. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st, Adams of the 79th and Morsberger of the 62nd:
A bill to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to provide for the forfeiture of a motor vehicle operated by a person who is arrested for driving under the influence if the person has two previous convictions of driving under the influence within a five-year period.

The Senate recedes from its amendment to the following Bills of the House:

HB 544. By Representative Martin of the 26th:
A bill to provide for the creation of one or more community improvement districts in the City of Atlanta, Georgia.

HB 746. By Representative Floyd of the 154th:
A bill to amend Part 1 of Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions applicable to seafood, so as to change the penalty for violation of certain provisions.

HB 769. By Representatives Dunn of the 73rd and Ware of the 77th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to establish standards and requirements for the operation of multiple employer self-insured health plans.

HB 774. By Representative Dunn of the 73rd:
A bill to amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions with regard to professions and businesses, so as to specify that the advertisement by a person licensed to provide health care services of the waiver of a deductible or copayment, as an inducement to attract patients, shall be considered a deceptive and misleading practice.

2544

JOURNAL OF THE HOUSE,

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

HB 125. By Representatives Thomas of the 69th and Simpson of the 70th:
A bill to amend Article 4 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to participation of probationers in community service programs, so as to prohibit the use for the private gain of an individual of an offender sentenced to perform community service as a condition of probation.

HB 671. By Representative Purcell of the 129th:
A bill to amend Code Section 40-6-3 of the Official Code of Georgia Annotated, relating to the application of the uniform rules of the road to highways and exceptions to such requirements, so as to provide that the uniform rules of the road shall apply to vehicles operated within a privately owned residential area under certain circumstances.

The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House:

HB 140. By Representative Watson of the 114th:
A bill to amend Article 4 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to halls of fame, so as to create the Georgia Aviation Hall of Fame Overview Committee as a joint committee of the General Assembly.

The Senate has agreed to the House substitute as amended by the Senate, to the following Bill of the Senate:

SB 179. By Senators Coleman of the 1st, Alien of the 2nd and Hammill of the 3rd:
A bill to amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to provide for limited immunity from liability for persons responding to an oil spill or threat of an oil spill; to provide for definitions; to provide for applicability; to provide for certain liability regarding removal costs and damages; to provide for liability with respect to certain responsible parties.

The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bills of the House:

HB 605. By Representative Heard of the 43rd:
A bill to amend Code Section 8-2-3 of the Official Code of Georgia Annotated, relating to requirements for toilets, shower heads, and faucets in buildings, so as to change effective dates; to prohibit the sale of certain toilets.
The President has appointed on the part of the Senate the following:
Senators Egan of the 40th, Hill of the 4th and Henson of the 55th.

HB 361. By Representative Barnett of the 10th: A bill to create the Cumming-Forsyth County Unification Commission.

FRIDAY, MARCH 15, 1991

2545

The President has appointed on the part of the Senate the following: Senators Newbill of the 56th, Deal of the 49th and Hammill of the 3rd.

The Senate adheres to its amendment to the House substitute and has appointed a Committee of Conference on the following Bill of the Senate:

SB 93. By Senator Johnson of the 47th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to add a new chapter authorizing and regulating orders not to resuscitate certain patients; to provide legislative findings; to provide definitions; to provide for certain presumptions; to provide for the legality of certain orders not to resuscitate.
The President has appointed on the part of the Senate the following:
Senators Johnson of the 47th, Baldwin of the 29th and Deal of the 49th.

By unanimous consent, all House Bills and Resolutions and all Senate Bills and Resolutions requiring further action by the Senate were ordered immediately transmitted to the Senate.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 210. By Representative Pettit of the 19th:
A bill to amend Code Section 50-25-6 of the Official Code of Georgia Annotated, relating to sales of files of public information by the GeorgiaNet Authority, so as to provide that the authority shall be authorized to receive data in electronic format from the public for the purpose of transmitting such data to the various departments, agencies, and institutions of the state.

Representative Pettit of the 19th moved that the House insist on its position in disagreeing to the Senate substitute to HB 210 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Pettit of the 19th, Watson of the 114th and Kilgore of the 42nd.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in disagreeing to the House amendment to the Senate substitute thereto:

HB 886. By Representatives Watts of the 41st, Parham of the 105th and Watson of the 114th:
A bill 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 require vehicles used to transport certain substances to be marked in a certain way.

2546

JOURNAL OF THE HOUSE,

Representative Watts of the 41st moved that the House insist on its position in amending the Senate substitute to HB 886 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Watts of the 41st, Watson of the 114th and Kilgore of the 42nd.

The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

SB 93. By Senator Johnson of the 47th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to add a new chapter authorizing and regulating orders not to resuscitate certain patients; to provide legislative findings; to provide definitions; to provide for certain presumptions; to provide for the legality of certain orders not to resuscitate.

Representative Chambless of the 133rd moved that the House adhere to its position in substituting SB 93 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Chambless of the 133rd, Thomas of the 69th and Oliver of the 53rd.

The following Bill of the Senate was taken up for the purpose of considering the Senate amendment to the House substitute thereto:

SB 179. By Senators Coleman of the 1st, Alien of the 2nd and Hammill of the 3rd:
A bill to amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to provide for limited immunity from liability for persons responding to an oil spill or threat of an oil spill; to provide for definitions; to provide for applicability; to provide for certain liability regarding removal costs and damages; to provide for liability with respect to certain responsible parties.

The following Senate amendment was read:

Amend the Committee substitute to SB 179 by striking from lines 3 through 6 of page 1 the following:
"provide that the director of the Environmental Protection Division of the Department of Natural Resources shall not license or permit certain facilities which discharge pollutants under certain circumstances;".
By striking from line 16 of page 1 through line 6 of page 2 the following:

FRIDAY, MARCH 15, 1991

2547

"amended by inserting at the end of Code Section 12-5-30, relating to permits for the construction and operation of facilities which discharge pollutants into waters of this state and related matters, a new subsection (g) to read as follows:
'(g) Notwithstanding any provision of this Code section or any other law to the contrary, the director shall not allow, license, or permit the construction, modification, or operation of any commercial facility which results or will result in the discharge of any pollutant if the construction, modification, or operation of such facility is or would be in violation of an ordinance of a county or municipal governing authority which prescribes such activity within a stated proximity to a river or stream, and any license or permit so granted prior to July 1, 1991, shall terminate on July 1, 1991."
Section 2. Said chapter is further".
By striking from line 12 of page 4 the number "3" and inserting in lieu thereof the number "2".

Representative Bordeaux of the 122nd moved that the House agree to the Senate amendment to the House substitute to SB 179.
On the motion, the roll call was ordered and the vote was as follows:

Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot
Bargeron Y Barnett.B
Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux
Bostick Y Branch Y Breedlove Y Brooks
Brown Y Brush YBuck Y Buckner YByrd Y Campbell
Y Canty Y Carrell N Carter Y Chafin
Y Chambless Y Cheeks Y Childers Y Clark,E
Y Clark,H

Y Clark,L Y Coker Y Coleman
Colwell Y Connell Y Culbreth Y Cummings,B
Cummings,M Davis,G Davis.M Dixon.H Dixon.S Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel
Floyd,J.M Y FioydJ.W
Y Flynt Y Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B
Harris,J Y Heard Y Henson

Y Herbert Y Hightower
Y Holland Holmes
Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas
Y Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt YMilam
Mills

On the motion, the ayes were 146, nays 2. The motion prevailed.

Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock
Y Padgett YParham Y Parrish N Patten
Y Pelote Y Perry
Y Pettit Y Pinholster
Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell
Randall
YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson
Sinkfield Skipper Y Smith,L

Y Smith.P Smith.T
Y Smith.W Y Smyre YSnow Y Stancil.F Y Stancil.S
Stanley Y Stephens Y Streat Y Taylor Y Teper
Thomas.C Thomas,M Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Twiggs
Y Valenti Y Vaughan Y Walker,J
Walker.L Y Wall Y Ware Y Watson Y Watts
White Wilder Y Williams.B Y Williams,J
Y Williams.R Y Yeargin
Murphy.Spkr

Representative Davis of the 45th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representative Harris of the 96th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

2548

JOURNAL OF THE HOUSE,

The following Resolution of the House was read and adopted:

HR 584. By Representatives Purcell of the 129th, Walker of the 115th, Lee of the 72nd and Murphy of the 18th:
A resolution commending and recognizing Brigadier General Terry Scott and inviting him to appear and be recognized before the House of Representatives.

The following Bills of the House were taken up for the purpose of considering the Senate amendments or substitutes thereto:

HB 36. By Representatives Simpson of the 70th and Thomas of the 69th:
A bill to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing in general, so as to provide that paper products purchased and contracted for by the Department of Administrative Services shall be paper products manufactured from recycled paper or fiber if the price offered is within 10 percent of the price paid for paper products currently being used by the state.

The following Senate amendment was read:

Amend HB 36 on page 1 line 20, change the number "5" to read "8".

Representative Simpson of the 70th moved that the House agree to the Senate amendment to HB 36.
On the motion, the roll call was ordered and the vote was as follows:

Abernathy Y Adams Y Aiken
Y Alford Y Atkins Y Baker Y Balkcom
Barfoot Y Bargeron
Y Barnett,B Y Barnett,M
Bates N Beatty Y Benefield
Birdsong Y Blitch Y Bordeaux
Bostick Y Branch Y Breedlove
Y Brooks Brown
Y Brush YBuck Y Buckner YByrd Y Campbell
Canty Y Carrell
Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark.H

Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth
Cummings.B Cummings.M Y Davis.G Davis.M Dixon.H Dixon.S
Y Dobbs Y Dover
Dunn Edwards Y Elliott Y Felton Y Fennel Floyd,J.M Y Floyd,J.W Flynt
Y Godbee Y Golden
Y Goodwin Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris,B Y HarrisJ
Y Heard Y Henson

Y Herbert Y Hightower Y Holland
Holmes Howard Y Hudson Ylrwin Y Jackson Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y LaneJD
Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas Y Lupton YMann Y Martin
Y McCoy Y McKelvey
McKinney,B McKinney.C Y Meadows Merritt Y Milam Y Mills

Y Mobley Y Moody Y Morsberger Y Moultrie
Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett
Parham Y Parrish
Patten
Y Pelote Y Perry Y Pettit N Pinholster Y Pinkston YPoag
Porter Y Poston Y Powell.A Y Powell.C
Purcell Randall
YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill
Y Simpson Sinkfield
Y Skipper Smith.L

Y Smith,? Y Smith.T Y Smith,W Y Smyre Y Snow Y Stancil.F Y Stancil.S
Stanley Stephens
Streat Y Taylor Y Teper Y Thomas.C
Thomas.M Y Thomas.N
Thurmond Titus Y Tolbert Y Townsend Y Turnquest
Y Twiggs Y Valenti Y Vaughan Y Walker.J
Walker.L Y Wall Y Ware Y Watson
Y Watts Y White Y Wilder Y Williams.B Y Williams.J Y Williams.R Y Yeargin
Murphy.Spkr

FRIDAY, MARCH 15, 1991

2549

On the motion, the ayes were 137, nays 2. The motion prevailed.

HB 140. By Representative Watson of the 114th:
A bill to amend Article 4 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to halls of fame, so as to create the Georgia Aviation Hall of Fame Overview Committee as a joint committee of the General Assembly.

The following Senate amendment was read:
Amend HB 140 by adding on line 3 of page 1, between the word "to" and the word "provide", the following:
"change the composition of the Georgia Aviation Hall of Fame Board; to".
By striking in its entirety line 21 on page 1, which reads as follows:
"fame, is amended by designating Code Sections 50-12-70",
and inserting in lieu thereof the following:
"fame, is amended by striking in their entirety subsections (a) and (c) of Code Section 50-12-71, relating to the composition of the Aviation Hall of Fame Board, and inserting in lieu thereof new subsections (a) and (c) to read as follows:
'(a) The board shall be composed of 16 17 members to be appointed as follows:
(1) Fourteen Sixteen members shall be appointed by the Governor, five members for initial terms of two years; five members for initial terms of three years; and four members for initial terms of four years; and two members provided for in 1991 for initial terms of five years, five Seven of the members appointed by the Governor may reside in any area of the state. Of the remaining nine members appointed by the Governor, one member shall reside in and be appointed from each of the nine districts provided in subsection (b) of this Code section. Successors to such members shall be appointed by the Governor for terms of six years; and
(2) One member shall be appointed by the Commander of the Warner Robins Air Logistics Center at Robins Air Force Base in Houston County, Georgia, for an initial term of four years, and successors shall be appointed by such commander the Governor for terms of six years. This member may reside in any area of the state.

Representative Watson of the 114th moved that the House disagree to the Senate amendment to HB 140.
The motion prevailed.

HB 241. By Representatives Lord of the 107th, Poston of the 2nd, Breedlove of the 60th, Wall of the 61st, Barfoot of the 120th and others:
A bill to amend Code Section 38-3-27 of the Official Code of Georgia Annotated, relating to local organizations for emergency management, so as to provide that the governing authority of each county shall establish a local organization for emergency management; to authorize cities to establish local organizations for emergency management.

The following Senate amendment was read:

2550

JOURNAL OF THE HOUSE,

Amend HB 241 by striking in their entirety lines 14 through 17 on page 5, which read as follows:
"required to devote at least four hours a day, Monday through Friday, during normal business hours of the offices of the political subdivision on emergency management matters.".
and inserting in lieu thereof the following:
"required to devote at least 80 hours per month on emergency management matters but not more than 30 hours in any one week during normal business hours of other county offices."
By striking in their entirety lines 21 through 24 on page 5, which read as follows:
"required to devote at least two hours a day, Monday through Friday, during normal business hours of the offices of the political subdivision on emergency management matters.",
and inserting in lieu thereof the following:
"required to devote at least 40 hours per month on emergency management matters but not more than 15 hours in any one week during normal business hours of other county offices."
By adding at the end of line 20 of page 7 the following:
"The citizens of a political subdivision shall have accessibility to the office of emergency management and the local director or his designee shall be available or on call at all times beyond working hours."

Representative Poston of the 2nd moved that the House agree to the Senate amendment to HB 241.
On the motion, the roll call was ordered and the vote was as follows:

Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker
Balkcom Y Barfoot Y Bargeron
Barnett.B Y Barnett,M Y Bates Y Beatty Y Benefield
Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch
Breedlove Y Brooks
Brown
Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter YChafm Y Chambless Y Cheeks

Y Childere Y Clark,E
Clark.H Clark,L Y Coker Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B Cummings,M Y Davis,G Davis.M
Di*on,H Y Diion,S YDobbs Y Dover
Dunn Edwards Y Elliott Y Felton Y Fennel
Y FloydJ.M Y FloydJ.W YFlynt Y Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover
Hamilton

Y Hammond Y Banner Y Harris.B
Y Harris,J Heard
Y Henson Y Herbert
Hightower Y Holland
Holmes Howard
Y Hudson Ylrwin Y Jackson
Jamieson
Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd
Lane.D Y Lane.R
Y Langford Lawrence
YLawson
YLee YLong YLord
Lucas Y Lupton YMann

Y Martin YMcCoy Y McKelvey Y McKinney,B
McKinney.C Y Meadows Y Merritt YMilam
Mills Y Mobley
Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver,M YOrr Y Orrock Y Padgett Y Parham Y Parrish
Y Patten Pelote
Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell,A
Y Powell.C Y Purcell

Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson
Sinkfield Y Skipper Y Smith,L Y Smith,P
Smith,T Smith.W Y Smyre YSnow Y Stancil.F Y Stancil.S Stanley Stephens
Y Street Y Taylor
Teper Y Thomas.C Y Thomas.M Y Thomas.N
Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest YTwiggs

FRIDAY, MARCH 15, 1991

2551

YValenti Y Vaughan YWalker,J

Walker,L Y Wall Y Ware

Y Watson Y Watts Y White

Y Wilder Y Williams,B Y WilliamsJ

Y Wffliams.R Y Yeargin
Murphy.Spfa

On the motion, the ayes were 143, nays 0. The motion prevailed.

Representative Davis of the 45th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 402. By Representative Aiken of the 21st:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for the protection and preservation of certain cemeteries and burial grounds; to repeal Code Section 36-60-6, relating to the disturbing of a burial place in land development.

The following Senate substitute was read:

A BILL
To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for the protection and preservation of certain cemeteries and burial grounds; to repeal Code Section 36-60-6, relating to the disturbing of a burial place in land development; to repeal Code Section 36-60-6.1, relating to the preservation and protection of abandoned or unmaintained cemeteries; to provide a statement of policy; to define certain terms; to authorize local governing authorities to preserve and protect certain cemeteries and burial grounds; to provide that no cemetery or burial ground shall be disturbed unless a permit is first obtained from the local government wherein such cemetery or burial ground is located; to provide for matters relative to an application for such permit; to provide for notification of certain persons; to provide conditions for the granting of such permit; to provide for appeal; to provide for certain activities by an applicant during the period of appeal under certain conditions; to provide for certain inspections for compliance; to provide for certain boards and commissions; to provide for certain financial responsibilities; to provide for penalties for violations; to amend Article 10 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to dedication of property, so as to provide requirements for the construction of a funeral establishment on property which has previously been dedicated for use as a cemetery; 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 36 of the Official Code of Georgia Annotated, relating to local government, is amended by striking in its entirety Code Section 36-60-6, relating to the disturbing of a burial place in land development, which reads as follows:
"36-60-6. (a) No known burial place of any human remains shall be knowingly disturbed by the owner or owners of the land for the purposes of developing or changing the use of any land unless a permit is first obtained from the governing authority of the municipal corporation or county wherein the burial place is located or from the superior court of the county where the burial place is located. The governing authority or superior court shall not issue a permit unless it first reviews the plans of the applicant for the permit for the proper reinterment of the remains in order to determine that suitable arrangements for reinterment have been made and that proper reinterment will be accomplished. If the governing authority or superior court does not believe that the plans are adequate to ensure proper reinterment, no permit shall be issued.
(b) Any person who knowingly fails to comply with subsection (a) of this Code section shall be guilty of a misdemeanor and shall pay a fine of $1,000.00 per grave disturbed.",

2552

JOURNAL OF THE HOUSE,

and inserting in lieu thereof the following: "36-60-6. Reserved."
Section 2. Said title is further amended by striking in its entirety Code Section 36-60-6.1, relating to the preservation and protection of abandoned or unmaintained cemeteries, which reads as follows:
"36-60-6.1. (a) As used in this Code section, the term 'preserve and protect' means to keep safe from destruction, peril, or other adversity and may include the placement of signs, markers, fencing, or other such appropriate features so as to identify the site as a cemetery and so as to aid in the preservation and protection of such abandoned cemetery.
(b) Counties or municipalities are authorized to preserve and protect any cemetery which the county or municipality determines has been abandoned or is not being maintained and to expend public money in connection therewith."
Section 3. Said title is further amended by inserting immediately following Chapter 71 a new Chapter 72 to read as follows:
"CHAPTER 72
36-72-1. (a) The care accorded the remains of deceased persons reflects respect and regard for human dignity as well as cultural, spiritual, and religious values. The General Assembly declares that human remains and burial objects are not property to be owned by the person or entity which owns the land or water where the human remains and burial objects are interred or discovered, but human remains and burial objects are a part of the finite, irreplaceable, and nonrenewable cultural heritage of the people of Georgia which should be protected.
(b) It is the intent of the General Assembly that the provisions of this chapter be construed to require respectful treatment of human remains in accord with the equal and innate dignity of every human being and consistent with the identifiable ethnic, cultural, and religious affiliation of the deceased individual as indicated by the method of burial or other historical evidence or reliable information.
36-72-2. As used in this chapter, the term: (1) 'Abandoned cemetery' means a cemetery which shows signs of neglect includ-
ing, without limitation, the unchecked growth of vegetation, repeated and unchecked acts of vandalism, or the disintegration of grave markers or boundaries and for which no person can be found who is legally responsible and financially capable of the upkeep of such cemetery.
(2) 'Archeologist' means any person who is: (A) A member of or meets the criteria for membership in the Society of Profes-
sional Archaeologists and can demonstrate experience in the excavation and interpretation of human graves; or
(B) Employed on July 1, 1991, by the state or by any county or municipal governing authority as an archeologist. (3) '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. (4) 'Burial object' means any item reasonably believed to have been intentionally placed with the human remains at the time of burial or interment or any memorial, tombstone, grave marker, or shrine which may have been added subsequent to interment. Such term also means any inscribed or uninscribed marker, coping, curbing, enclosure, fencing, pavement, shelter, wall, stoneware, pottery, or other grave object erected or deposited incident to or subsequent to interment. (5) 'Cemetery' or 'cemeteries' means any land or structure in this state dedicated to and used, or intended to be used, for interment of human remains. It may be either a burial park for earth interments or a mausoleum for vault or crypt interments or a combination of one or more thereof. (6) 'Descendant' means a person or group of persons related to a deceased human by blood or adoption in accordance with Title 19.

FRIDAY, MARCH 15, 1991

2553

(7) 'Genealogist' means a person who traces or studies the descent of persons or families and prepares a probative record of such descent.
(8) 'Human remains' means the bodies of deceased human beings in any stage of decomposition, including cremated remains.
(9) 'Preserve and protect' means to keep safe from destruction, peril, or other adversity and may include the placement of signs, markers, fencing, or other such appropriate features so as to identify the site as a cemetery or burial ground and so as to aid in the preservation and protection of such cemetery or burial ground.
36-72-3. Counties and municipalities are authorized to preserve and protect any abandoned cemetery or any burial ground which the county or municipality determines has been abandoned or is not being maintained, to expend public money in connection therewith, and to exercise the power of eminent domain to acquire any interest in land necessary for that purpose.
36-72-4. No known cemetery, burial ground, human remains, or burial object shall be knowingly disturbed by the owner or occupier of the land on which the cemetery or burial ground is located for the purposes of developing or changing the use of any part of such land unless a permit is first obtained from the governing authority of the municipal corporation or county wherein the cemetery or burial ground is located, which shall have
authority to permit such activity except as provided in Code Section 36-72-14. 36-72-5. Application for a permit shall include, at a minimum, the following informa-
tion: (1) Evidence of ownership of the land on which the cemetery or burial ground is
located in the form of a legal opinion based upon a title search; (2) A report prepared by an archeologist stating the number of graves believed to
be present and their locations as can be determined from the use of minimally invasive investigation techniques, including remote sensing methods and the use of
metal probes, which activities shall not require a permit; (3) A survey prepared by or under the direction of a registered surveyor showing
the location and boundaries of the cemetery or burial ground based on an
archeologist's report; (4) A plan prepared by a genealogist for identifying and notifying the descendants
of those buried or believed to be buried in such cemetery; and (5) A proposal for mitigation or avoidance of the effects of the planned activity on
the cemetery or burial ground. If the proposal includes relocation of any human
remains or burial objects, the proposal shall specify the method of disinterment, the location and method of disposition of the remains, the approximate cost of the pro-
cess, and the approximate number of graves affected. 36-72-6. The applicant shall implement its plan for identifying and locating descendants no later than the date the application is submitted to the governing authority. The
governing authority shall review the applicant's plan for identifying and notifying the descendants of the deceased persons and may require as a condition for issuing a permit
that the applicant implement additional reasonable attempts to identify and locate descendants. Notice to possible descendants shall include information on how to contact the governing authority and a summary of the rights of descendants under this chapter.
The governing authority shall promptly inform any descendant who indicates an interest in the disposition of the human remains and burial objects regarding any proposals for
mitigation, the terms of any permit issued, the time and place of any scheduled public hearings, and appeal procedures and events.
36-72-7. (a) Within 15 days after it is satisfied that all reasonable effort has been made to notify descendants, as provided in Code Section 36-72-6, and following receipt
of the recommendations of a board or commission created pursuant to Code Section 36-72-9, the governing authority shall schedule a public hearing at which any interested
party or citizen may appear and be given an opportunity to be heard. In addition to the notice required in Code Section 36-72-6, notice of the public hearing shall be advertised
in the legal organ of the jurisdiction once a week for the two consecutive weeks immediately preceding the week in which any such hearing is held.
(b) Within 30 days after the conclusion of the public hearing, the governing author-
ity shall notify the applicant in writing of its decision. The governing authority shall

2554

JOURNAL OF THE HOUSE,

have the authority to deny the application with written reasons therefor, to issue a permit adopting the application in whole or in part, or to issue a permit which may include additional requirements to mitigate the proposed activity's adverse effects on the cemetery or burial ground, including but not limited to relocation of the proposed project, reservation of the cemetery or burial ground as an undeveloped area within the proposed development or use of land, and respectful disinterment and proper disposition of the human remains. The governing authority may adopt the applicant's proposal for mitiga-
tion. 36-72-8. The governing authority shall consider the following in making its determi-
nation: (1) The presumption in favor of leaving the cemetery or burial ground undis-
turbed; (2) The concerns and comments of any descendants of those buried in the burial
ground or cemetery and any other interested parties; (3) The economic and other costs of mitigation; (4) The adequacy of the applicant's plans for disinterment and proper disposition
of any human remains or burial objects; (5) The balancing of the applicant's interest in disinterment with the public's and
any descendant's interest in the value of the undisturbed cultural and natural environ-
ment; and (6) Any other compelling factors which the governing authority deems relevant.
36-72-9. The governing authority of any county whose population is in excess of 290,000 as established by the United States decennial census of 1980 or any such future census shall be authorized to establish or empower a new or existing commission or board to hear and review any application filed pursuant to Code Section 36-72-5. The board or commission shall conduct a public hearing within 60 days of the filing of an application and shall make a written recommendation to the governing authority no later than 15 days following the public hearing with respect to the sufficiency of the notice to descendants, the plan for mitigation, the disturbance and adverse effects on the cemetery or burial ground, the survey of the cemetery, and plans for disinterment and reinterment.
36-72-10. The governing authority shall be authorized to impose an application fee which shall reflect the cost to the governing authority for processing and reviewing the application including, but not limited to, the cost of hiring an attorney, independent archeologist, and independent surveyor to assist in making recommendations regarding the applicant's plan. Such fee, if imposed, shall not exceed $2,500.00.
36-72-11. Should any applicant or descendant be dissatisfied with a decision of the governing authority, he or she, within 30 days of such decision, may file an appeal in the superior court of the county in which the cemetery or burial ground is located in addition to the superior courts enumerated in Code Section 50-13-19.
36-72-12. Until the expiration of the time for appeal as set forth in Code Section 36-72-11, the applicant shall not begin or resume activities which comply with the permit issued by the governing authority. If an appeal is filed, the applicant may begin or resume activities which comply with the permit only upon consent of the governing authority and the party seeking judicial review or upon order of the reviewing court for good cause shown.
36-72-13. The governing authority or local law enforcement agency shall inspect as necessary to determine whether the applicant has complied with the provisions of this chapter requiring cessation or limitation of activity and with the terms of the permit as issued by the governing authority or as modified by the superior court or reviewing court.
36-72-14. (a) Notwithstanding any provisions of this chapter to the contrary, when any agency, authority, or political subdivision of the state seeks to file an application for a permit under this chapter, the superior court having jurisdiction over the real property wherein the cemetery or burial ground is located shall have exclusive jurisdiction over the permit application. The superior court shall conduct its investigation and determination of the permit in accordance with Code Sections 36-72-6 through 36-72-8.

FRIDAY, MARCH 15, 1991

2555

(b) When activities of an agency, authority, or political subdivision of the state adversely affect an abandoned cemetery or a burial ground, such agency, authority, or political subdivision shall bear the cost of mitigating the harm to the abandoned cemetery or burial ground or reinterring the human remains as a part of the cost of the project and is authorized to expend public funds for such purpose. When activities of a private person, corporation, or other private entity adversely affect an abandoned cemetery or a burial ground, such person, corporation, or other entity shall bear the cost of mitigating the harm to the cemetery or burial ground or reinterring the human remains. The cost of mitigating the harm to an abandoned cemetery or to a burial ground or reinterring the human remains exposed through vandalism by an unidentified vandal or through erosion may be borne by the governing authority in whose jurisdiction the abandoned cemetery or burial ground is located.
36-72-15. Any disinterment and disposition of human remains or burial objects permitted under this chapter shall be supervised, monitored, or carried out by the applicant's archeologist and shall be done at the expense of the person or entity to whom the permit is issued.
36-72-16. Any person who knowingly fails to comply with the provisions of this chapter shall be guilty of a misdemeanor of a high and aggravated nature and, upon conviction, shall pay a fine of not more than $5,000.00 for each grave site disturbed; provided, however, that any person who knowingly violates the provisions of Code Section 36-72-4 shall be guilty of a misdemeanor of a high and aggravated nature and, upon conviction, shall be incarcerated for not more than six months and shall pay a fine not less than $5,000.00 for each grave site disturbed."
Section 4. Article 10 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to dedication of property, is amended by adding a new Code section, to be designated Code Section 44-5-231, to read as follows:
"44-5-231. (a) A funeral establishment, as that term is defined in Code Section 43-18-1, may be constructed on property previously dedicated for use as a cemetery under the following conditions:
(1) The acreage upon which the funeral establishment is to be constructed has not been marketed for the purpose of burial sites and no burial sites on such tract have been sold;
(2) The acreage upon which the funeral establishment is to be constructed borders in part the outer property line of the cemetery;
(3) The proposed construction is in compliance with all local zoning or land use ordinances;
(4) The acreage upon which the funeral establishment is to be constructed contains no burial sites;
(5) The cemetery property upon which the funeral establishment is to be constructed is a tract of at least 70 acres and no more than four acres of the cemetery tract is to be used for the construction of the funeral establishment;
(6) The acreage upon which the funeral establishment is to be constructed is part of a tract upon which a cemetery has been in operation for at least 25 years; and
(7) In the event the acreage upon which the funeral establishment is to be constructed is part of a tract upon which a perpetual care cemetery is in operation, payments are made to the trust fund as provided in subsection (b) of this Code section, (b) If a funeral establishment is constructed on a tract of land upon which a perpetual care cemetery, as that term is defined in Code Section 44-3-131, is in operation, the funeral establishment shall make deposits to the trust fund of the cemetery as required by Article 4 of Chapter 3 of this title, the 'Georgia Cemetery Act of 1983,' in the amount of $10,000.00 per acre used for such construction."
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.
The following amendment was read and adopted:

2556

JOURNAL OF THE HOUSE,

Representative Aiken of the 21st moves to amend the Senate substitute to HB 402 by striking lines 22 through 26 of page 1 and inserting in lieu thereof the following:
"violations;". By striking Section 4 in its entirety.
By redesignating Sections 5 and 6 as Sections 4 and 5, respectively.

Representative Aiken of the 21st moved that the House agree to the Senate substitute, as amended by the House, to HB 402.
On the motion, the roll call was ordered and the vote was as follows:

Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron
Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield
Birdsong Y Blitch
Y Bordeaux Y Bostick Y Branch Y Breedlove
Y Brooks Y Brown Y Brush YBuck
Y Buckner YByrd Y Campbell
Canty Y Carrell
Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark,H

Y Clark,L Y Coker
Coleman
Y Colwell Connell
Y Culbreth Cummings,B Cummings.M
Y Davis.G Davis.M Diion.H
Y Dixon.S YDobbs Y Dover
Dunn Edwards
Y Klliott Y Felton Y Fennel Y Floyd,J.M Y FloydJ.W
YFlynt Y Godbee Y Golden Y Goodwin
Green YGreene
Y Griffin Y Groover Y Hamilton Y Hammond Y Hanner
Y Harris.B Y HarrisJ
Heard YHenson

Y Herbert Y Hightower
Holland Holmes Y Howard Y Hudson Ylrwin Y Jackson Jamieson Y Jenkins
Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson
YLee YLong YLord
Lucas Y Lupton YMann Y Martin YMcCoy Y McKelvey
McKinney.B McKinney.C Y Meadows Y Merritt YMilam Y Mills

On the motion, the ayes were 151, nays 0. The motion prevailed.

Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter YPoston Y Powell,A Y Powell,C Y Purcell Y Randall
YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson
Sinkfield Y Skipper Y Smith,L

Y Smith,P Y Smith,T Y Smith,W Y Smyre YSnow Y Stancil,F Y Stancil,S
Stanley Y Stephens
Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas,N
Thurmond Y Titus Y Tolbert Y Townsend Y Tumquest Y Twiggs Y Valenti Y Vaughan Y Walker,J
Walker,L Y Wall YWare
Y Watson Y Watts Y White Y Wilder
Y Williams.B Y Williams,J Y Williams.R Y Yeargin
Murphy ,Spkr

Representative Davis of the 45th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 454. By Representative Twiggs of the 4th:
A bill to amend Code Section 45-9-86 of the Official Code of Georgia Annotated, relating to applications for indemnification with respect to law enforcement officers, firemen, prison guards, and emergency medical technicians killed or permanently disabled in the line of duty, so as to change the time by which applications must be filed for indemnification with respect to certain law enforcement officers, firemen, or prison guards permanently disabled in the line of duty.

FRIDAY, MARCH 15, 1991

2557

The following Senate substitute was read:

A BILL
To amend Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to indemnification of law enforcement officers, firemen, prison guards, and publicly employed emergency medical technicians, so as to include certain law enforcement personnel employed by the Public Service Commission within the meaning of 'law enforcement officer' as defined in paragraph (5) of Code Section 45-9-81, in order that said law enforcement personnel of the Public Service Commission shall be eligible for indemnification under said article with respect to death or disability occurring in the line of duty; to change the time by which applications must be filed for indemnification with respect to certain law enforcement officers, firemen, or prison guards permanently disabled in the line of duty; 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 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to indemnification of law enforcement officers, firemen, prison guards, and publicly employed emergency medical technicians, is amended by striking paragraph (5) of Code Section 45-9-81, relating to definitions used in said article, in its entirety and inserting in lieu thereof a new paragraph (5) to read as follows:
"(5) 'Law enforcement officer' means any agent or officer of this state, or a political subdivision or municipality thereof, who, as a full-time or part-time employee, is vested either expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws and whose duties include the preservation of public order, the protection of life and property, or the prevention, detection, or investigation of crime. Such term also includes the employees designated by the commissioner of human resources pursuant to paragraph (2) of subsection (i) of Code Section 49-5-10, which employees have the duty to investigate and apprehend delinquent and unruly children who have escaped from a facility under the jurisdiction of the Department of Human Resources or who have broken the conditions of supervision and employees designated and delegated law enforcement powers by the Public Service Commission pursuant to Code Sections 46-7-28. 46-7-70, and 46-11-6, which personnel have the duty to enforce the laws relating to motor carriers and the transportation of hazardous materials."
Section 2. Said article is further amended by striking in its entirety subsection (c) of Code Section 45-9-86, relating to applications for indemnification with respect to law enforcement officers, firemen, prison guards, and emergency medical technicians killed or permanently disabled in the line of duty, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) An application for indemnification relative to any law enforcement officer, fireman, or prison guard permanently disabled in the line of duty subsequent to January 1, 1973, and prior to January 1, 1979, must be made prior to January 1, 1989. An application for indemnification relative to any law enforcement officer, fireman, or prison guard permanently disabled in the line of duty subsequent to January 1, 1979, and prior to January 1, 1980, must be made prior to January 1, 1982. An application for indemnification relative to any law enforcement officer, fireman, or prison guard permanently disabled in the line of duty on and after January 1, 1980, and prior to January 1, 1984, must be made prior to January 1, 1986 1992. An application for indemnification relative to a permanent disability occurring on or after January 1, 1984, must be made within 24 months of the date the permanent disability occurred."
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.

2558

JOURNAL OF THE HOUSE,

Representative Twiggs of the 4th moved that the House agree to the Senate substitute to HB 454.
On the motion, the roll call was ordered and the vote was as follows:

Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcbm YBarfoot Y Bargeron
Barnett.B Y Bamett,M Y Bates Y Beatty Y Benefield
Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell
Canty Y Carrell Y Carter Y Chafm Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark.H

Y Clark,L
Y Coker Coleman
Y Colwell Connell
Y Culbreth Y CumrningB,B
Cummings,M Y Davis,G
Davis.M
Diion.H Y Diion,S Y Dobbs
Dover YDunn
Edwards Y Elliott Y Felton Y Fennel
Floyd,J.M Y Floyd,J.W YFlynt YGodbee Y Golden Y Goodwin Y Green
Greene Griffin Y Groover
Y Hamilton Y Hammond Y Manner Y Harris,B
Y Harris,J Heard
Y Henson

Y Herbert Y Hightower
Holland Holmes Y Howard Y Hudson Ylrwin
Y Jackson Jamieson
Y Jenkins
Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd
Lane.D YLane,R
Langford Y Lawrence Y Lawson YLee
Long YLord
Lucas Y Lupton YMann Y Martin YMcCoy Y McKelvey
McKinney.B McKinney.C Y Meadows Y Merritt Milam Mills

On the motion, the ayes were 135, nays 0. The motion prevailed.

Y Mobley Y Moody Y Morsberger Y Moultrie
Mueller
Y Oliver.C 01iver,M
YOrr Orrock
Y Padgett YParham Y Parrish
Patten
Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter YPoston Y Powell,A Y Powell,C Y Purcell Y Randall
YRay Y Reaves
Redding Y Ricketeon
Royal YSelman Y Sherrill Y Simpson
Sinkfield Skipper
Y Smith.L

Y Smith,P Y Smith.T Y Smith.W YSmyre YSnow Y Stancil,F
Y Stancil,S Stanley
Y Stephens Y Streat Y Taylor
Teper Y Thomas,C Y Thomas,M
Thomas.N Thurmond Y Titus Y Tolbert Townsend Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Walker,L Y Wall Ware Y Watson Y Watts White Y Wilder Y Williams.B Y WilliamsJ Y Williams.R
Y Yeargin Murphy,Spkr

Representative Davis of the 45th and Mills of the 20th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 533. By Representative Holland of the 136th:
A bill to amend Article 5 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation group self-insurance funds, so as to expand the definition of the term "county" to include a consolidated city-county government and certain authorities, commissions, and boards.

The following Senate substitute was read:

A BILL
To amend Article 5 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation group self-insurance funds, so as to expand the definition of the term "county" to include a consolidated city-county government and certain authorities, commissions, and boards; to provide an effective date; to repeal conflicting laws; and for other purposes.

FRIDAY, MARCH 15, 1991

2559

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 5 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation group self-insurance funds, is amended by striking in its entirety paragraph (5) of Code Section 34-9-151, relating to definitions applicable to such article, and inserting in lieu thereof a new subsection (5) to read as follows:
"(5) 'County' means a county of this state. Such term shall include a consolidated city-county government and any public authority, commission, board, or similar body created or activated by an Act of the General Assembly or by a resolution or ordinance of the governing authority of a county, individually or jointly with any other political subdivision or subdivisions of this state, pursuant to the Constitution of this state or an Act of the General Assembly and which carries out its functions on a county-wide basis, a multicounty basis, or wholly within the unincorporated area of a 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.

Representative Holland of the 136th moved that the House agree to the Senate substitute to HB 533.
On the motion the ayes were 119, nays 2.
The motion prevailed.

HB 648. By Representatives Carter of the 146th and Patten of the 149th:
A bill to amend Code Section 12-5-42 of the Official Code of Georgia Annotated, relating to cooperative efforts for the abatement of pollution, orders of abatement, and hearings, so as to provide for cooperative efforts for the abatement of violations related to the withdrawal, diversion, or impoundment of surface water.

The following Senate amendment was read:

Amend HB 648 by inserting on line 21 of page 1 between the word "If and the word "such" the following:
"in the opinion of the director".

Representative Carter of the 146th moved that the House agree to the Senate amendment to HB 648.
On the motion the ayes were 112, nays 0.
The motion prevailed.

HB 642. By Representatives Ware of the 77th, Dunn of the 73rd, Chambless of the 133rd, Valenti of the 52nd and Childers of the 15th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to provide for intent; to direct the Commissioner of Insurance to develop a model basic health insurance plan.

The following Senate substitute was read:

2560

JOURNAL OF THE HOUSE,

A BILL
To amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to provide for intent; to direct the Commissioner of Insurance to develop a model basic health insurance plan; to provide for features of such plan; to authorize the Commissioner to obtain information and assistance in order to develop such plan; to authorize the Commissioner to promote and encourage the use of such plan; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, is amended by adding a new chapter, to be designated Chapter 47, to read as follows:
"CHAPTER 47
33-47-1. This chapter shall be known and may be cited as the 'Georgia Basic Health Insurance Plan.'
33-47-2. It is the intent of this chapter to authorize the Commissioner of Insurance to establish a model health insurance plan or policy which will be affordable to Georgians who cannot afford standard market policies of accident and sickness insurance and to increase the availability of health insurance coverage by encouraging the promotion of this type of plan or policy by accident and sickness insurers licensed to transact such insurance in this state.
33-47-3. The Commissioner shall develop a model basic health insurance plan which shall include, but shall not be limited to, the following features:
(1) Eligibility criteria designed to permit persons with income levels below 250 percent of the federal poverty level to participate in the plan;
(2) Eligibility requirements which exclude from participation in the plan persons with other accident and sickness insurance coverage other than disability policies and persons who are eligible for coverage under the Medicaid or medicare programs; and those who have voluntarily canceled their accident and sickness coverage in the last year;
(3) Coverage for primary health care services designed to prevent the need for more expensive health care services;
(4) Premium levels which are significantly lower than premium levels for standard market policies of accident and sickness insurance and based upon the plan being operated at no profit to the insurer;
(5) Cost containment features which may include, but not be limited to, preadmission certification for inpatient and selected outpatient services, second medical opinions for nonemergency surgery, limitations on services and providers, and the use of preferred provider arrangements; and
(6) Nominal copayment provisions, reasonable lifetime benefit maximums, and nominal deductible amounts. 33-47-4. (a) The Commissioner shall be authorized to request information and data from any available source and to request the assistance of accident and sickness insurers and providers of health care services in order to develop the model basic health care plan. (b) The Commissioner shall be authorized to encourage and promote the marketing of the model basic health insurance policy by accident and sickness insurers in this state."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Ware of the 77th moves to amend the Senate substitute to HB 642 by striking from lines 10 through 12 of page 2 the following:

FRIDAY, MARCH 15, 1991

2561

"other accident and sickness insurance coverage other than disability policies", and inserting in its place the following:
"basic or major medical accident and sickness coverage".

Representative Ware of the 77th moved that the House agree to the Senate substitute, as amended by the House, to HB 642.
On the motion, the roll call was ordered and the vote was as follows:

Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom YBarfoot Y Bargeron
Barnett.B Y Barnett,M Y Bates
Y Beatty Y Benefield
Birdsong Y Blitch
Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner
Byrd Y Campbell
Canty Y Carrell
Y Carter Y Chafm Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark,H

Y Clark,L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B
Cummings,M Y Davis,G Y Davis.M
Y DiH>n,H Diion.S Dobbs
Y Dover
YDunn Edwards
Y Elliott
Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W YFlynt YGodbee Y Golden YGoodwin
Y Green Greene
Y Griffin Y Groover
Hamilton Y Hammond Y Hanner Y Harris.B Y Harris,J
Heard YHenson

Y Herbert Y Hightower Y Holland
Holmes Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston
Y Klein YLadd Y Lane,D YLane.R Y Langford Y Lawrence YLawson YLee YLong
Lord Y Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt YMilam Y Mills

Y Mobley Y Moody
Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett YParham Y Parrish
Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter YPoston Y Powell,A Y Powell,C Y Purcell
Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson
Sinkfield Y Skipper Y Smith,L

Y Smith.P Y Smith.T Y Smith,W Y Smyre
YSnow Y Stancil,F Y Stancil,S
Stanley Y Stephens Y Streat Y Taylor
Teper Y Thomas,C Y Thomas,M
Thomas.N Y Thurmond Y Titus
Y Tolbert Y Townsend
Y Turnquest Twiggs
Y Valenti Y Vaughan Y Walker,J
Walker.L Y Wall Y Ware
Watson Watts Y White Y Wilder Y Williams.B Y Williams,J Y William8,R Y Yeargin Murphy,Spkr

On the motion, the ayes were 148, nays 0. The motion prevailed.

HB 125. By Representatives Thomas of the 69th and Simpson of the 70th:
A bill to amend Article 4 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to participation of probationers in community service programs, so as to prohibit the use for the private gain of an individual of an offender sentenced to perform community service as a condition of probation.

The following Senate substitute was read:

A BILL
To amend Article 4 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to participation of probationers in community service programs, so as to prohibit the use for the private gain of an individual of an offender sentenced to perform

2562

JOURNAL OF THE HOUSE,

community service as a condition of probation; to provide for exceptions; to provide a penalty; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 4 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to participation of probationers in community service programs, is amended by striking Code Section 42-8-70 in its entirety and inserting in lieu thereof the following:
"42-8-70. (a) As used in this article, the term: (1) 'Agency' means any private or public agency or organization; tax-exempt er for
profit, approved by the court to participate in a community service program. (2) 'Community service' means uncompensated work by an offender with an
agency for the benefit of the community pursuant to an order by a court as a condition of probation. Such term also means uncompensated service by an offender who lives in the household of a disabled person and provides aid and services to such disabled individual, including, but not limited to, cooking, housecleaning, shopping, driving, bathing, and dressing.
(3) 'Community service officer' means an individual appointed by the court to place and supervise offenders sentenced to community service. Such term may mean a paid professional or a volunteer. (b) Except as provided in subsection (c) of this Code section, it shall be unlawful for an agency or community service officer to use or allow an offender to be used for any purpose resulting in private gain to any individual. (c) Subsection (b) of this Code section shall not apply to:
(1) Services provided by an offender to a disabled person in accordance with paragraph (1) of subsection (c) of Code Section 42-8-72;
(2) Work on private property because of a natural disaster; or (3) An order or direction by the sentencing judge. (d) Any person who violates subsection (b) of this Code section shall be guilty of a misdemeanor."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Thomas of the 69th moved that the House agree to the Senate substitute to HB 125.
On the motion the ayes were 102, nays 1.
The motion prevailed.

HB 266. By Representatives Dover of the llth, Godbee of the 110th and Royal of the 144th:
A bill to amend Code Section 48-5-7.1 of the Official Code of Georgia Annotated, relating to the preferential tax assessment for tangible real property devoted to bona fide agricultural purposes, so as to change certain provisions relating to the beginning date of a covenant period.

The following Senate amendment was read:

Amend HB 266 by striking lines 1 through 5 of page 1 and inserting in its place the following:
"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 relating to the beginning date of certain preferential assessment covenant periods; to change certain provisions regarding the making of certain final settlements by tax officials; to".
By striking lines 9 through 12 of page 1 and inserting in its place the following:

FRIDAY, MARCH 15, 1991

2563

"Section 1. Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended by striking subsection (d) of Code Section 48-5-7.1, relating to the preferential tax assessment,".
By redesignating Sections 2 and 3 as Sections 3 and 4, respectively, and by inserting between lines 2 and 3 of page 2 the following:
"Section 2. Said chapter is further amended by adding a subsection (c) at the end of Code Section 48-5-153, relating to certain reports of unpaid taxes, to read as follows:
'(c) With respect to any county operating on a fiscal year basis, the settlement period of subsection (b) of this Code section shall be within four months following the end of such fiscal year.'".

Representative Dover of the llth moved that the House agree to the Senate amendment to HB 266.
On the motion the ayes were 103, nays 0.
The motion prevailed.

HB 671. By Representative Purcell of the 129th:
A bill to amend Code Section 40-6-3 of the Official Code of Georgia Annotated, relating to the application of the uniform rules of the road to highways and exceptions to such requirements, so as to provide that the uniform rules of the road shall apply to vehicles operated within a privately owned residential area under certain circumstances.

The following Senate substitute was read:

A BILL
To amend Code Section 40-6-3 of the Official Code of Georgia Annotated, relating to the application of the uniform rules of the road to highways and exceptions to such requirements, so as to provide that the uniform rules of the road shall apply to vehicles operated within a privately owned residential area under certain circumstances; to provide for such circumstances; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 40-6-3 the Official Code of Georgia Annotated, relating to the application of the uniform rules of the road to highways and exceptions to such requirements, is amended by striking the word "and" at the end of paragraph (4) of subsection (a), by striking the period at the end of paragraph (5) of subsection (a) and inserting in its place "; and", and by adding at the end of said subsection (a) a new paragraph (6) to read as follows:
"(6) (A) Subject to the approval of the governing authority of the county or municipality, the provisions of this chapter shall apply to a vehicle operated within a privately owned residential area located within the corporate boundaries of a municipality or located within the boundaries of a county, provided the owner of the privately owned residential area files with the governing authority of such county or municipality:
(i) A petition signed by 50 percent of the property owners located in said subdivision requesting the law enforcement agency of the county or municipality to enforce the uniform rules of the road within such privately owned residential area;
(ii) A plat delineating the location of roads, streets, and common areas within the privately owned residential area.

2564

JOURNAL OF THE HOUSE,

(B) Upon approval by the governing authority of the county or municipality, the law enforcement agency of such county or municipality shall enforce the uniform rules of the road within said privately owned residential area.
(C) All persons operating vehicles on the roads, streets, and common areas of said privately owned residential property shall be subject to all state and local traffic laws and regulations the same as if such private roads, streets, and common areas were public roads and streets.
(D) At least 30 days' prior notice shall be given to users of said private roads, streets, and common areas by publication in a newspaper of general circulation in the area and by posting signs along the private road, streets, and common areas specifying that the county law enforcement agency or municipal law enforcement agency will be enforcing the uniform rules of the roads on said private roads, streets, and common areas."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Representative Purcell of the 129th moved that the House agree to the Senate substitute to HB 671.
On the motion, the roll call was ordered and the vote was as follows:

Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron
Barnett.B Y Barnett,M Y Bates Y Beatty Y Benefield
Birdsong Y Blitch
Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown
Y Brush YBuck Y Buckner YByrd Y Campbell
Canty Y Carrell
Carter Y Chafin Y Chambless Y Cheeks Y Childere Y Clark,E Y Clark.H

Y Clark,L Coker
Y Coleman Colwell
Y Connell Y Culbreth
Cummings.B Cummings,M Davis.G Y Davis,M Y DUon.H Dixon.S
Dobbs Y Dover
Y Dunn Edwards
Y Elliott Y Felton Y Fennel Y Floyd,J.M
FloydJ.W YFlynt
God bee Y Golden Y Goodwin Y Green
Greene ' Y Griffin Y Groover
Hamilton Y Hammond
Manner Y Harris,B Y Harris,J
Heard Y Henson

Y Herbert Y Hightower Y Holland
Holmes Y Howard Y Hudson Y Irwin
Y Jackson Y Jamieson Y Jenkins
Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane,D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney.B McKinney.C Y Meadows Y Merritt Y Milam Y Mills

Y Mobley
Y Moody Y Morsberger Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M YOrr
Orrock
Y Padgett YParham Y Parrish
Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag
Porter YPoston Y Powell,A Y Powell.C Y Purcell
Randall
YRay Y Reaves
Redding Y Ricketson Y Royal
Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L

Smith ,P Y Smith.T Y Smith,W
Y Smyre YSnow Y Stancil.F
Stancil,S Stanley Y Stephens Streat Y Taylor Teper Y Thomas.C Y Thomas.M Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Turnquest Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall Y Ware Y Watson
Y Watts White
Y Wilder Y Williams,B
Y Williams,J Y Williams.R
Y Yeargin
Murphy ,Spkr

On the motion, the ayes were 140, nays 0. The motion prevailed.

Representative Coker of the 21st stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

The following Bills of the House were taken up for the purpose of considering the reports of the Committees of Conference thereon:

FRIDAY, MARCH 15, 1991

2565

HB 120. By Representatives Coleman of the 118th, Murphy of the 18th, Connell of the 87th and Walker of the 115th:
A bill to provide supplementary appropriations to the Georgia General Assembly for the State Fiscal Year ending June 30, 1991, for operating expenses.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 120

The Committee of Conference on HB 120 recommends that both the Senate and the
House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 120 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ C. Donald Johnson, Jr. Senator, 47th District

/s/ Terry L. Coleman Representative, 118th District

/s/ J. Nathan Deal Senator, 49th District

/s/ Larry Walker Representative, 115th District

M Wayne Garner Senator, 30th District

/s/ Thomas B. Buck, III Representative, 95th District

A BILL

To amend an Act providing appropriations for the State Fiscal Year 1990-1991 known as the "General Appropriations Act", approved April 17, 1990 (Ga. L. 1990, p. 2338), as amended, so as to change certain appropriations for the State Fiscal Year 1990-1991; to
make language and other changes; 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 1990-1991, as amended, known as the "General Appropriations Act" approved April 17, 1990 (Ga. L.
1990, p. 2338), is further amended by striking Section 11 of said act, as amended, and by substituting in lieu thereof a new Section 11 to read as follows:

"Section 11. Department of Administrative Services. A. Budget Unit: Department of
Administrative Services .........................................$ Administration and Services Budget:
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.............................................................................................$

38,680,193
49,568,929 10,994,340
323,550 434,500 2,098,708 8,541,664 3,704,822 1,297,980 459,800 12,918,050 37,900

2566

JOURNAL OF THE HOUSE,

Payments to DOAS Fiscal Administration.............................................................................$
Capital Outlay .................................................................................$
Direct Payments to Georgia Building Authority for Operations ....................................................................................$
Telephone Billings ..........................................................................$ Materials for Resale........................................................................$
Public Safety Officers
Indemnity Fund...........................................................................$ Health Planning Review Board
Operations ....................................................................................$ Georgia Golf Hall of Fame
Operations ....................................................................................$
Authorities Liability Reserve Fund ...............................................................................$
Grants to Counties..........................................................................$ Grants to Municipalities ................................................................$ Total Funds Budgeted....................................................................!
State Funds Budgeted ....................................................................$

2,000,000 362,000
2,267,412 38,345,900 14,600,000
304,400
37,600
23,500
0 1,300,000 2,100,000 151,721,055 38,680,193

Department of Administrative Services Functional Budgets

Total Funds

State Funds

State Properties Commission Departmental Administration
Treasury and Fiscal Administration
Central Supply Administration
Procurement Administration
General Services Administration
Space Management Administration
Data Processing Services Motor Vehicle Services Communication Services
Printing Services Surplus Property Services
Mail and Courier Services Risk Management Services
Total

412,552 4,884,826
12,847,466
14,455,832 2,962,205
912,683
548,193 49,357,384 4,099,033 49,496,178 6,938,867 1,716,067
1,012,865 2.076,904 $ 151,721,055

412,552 4,853,625
10,847,466
0 2,962,205
0
548,193 13,206,152
0 5,850,000
0 0 0 0 38,680,193

B. Budget Unit: Georgia Building Authority..................................................................!
Georgia Building Authority Budget: Personal Services.............................................................................!
Regular Operating Expenses .........................................................$ Travel................................................................................................!
Motor Vehicle Purchases...............................................................! Equipment........................................................................................!
Computer Charges...........................................................................! Real Estate Rentals........................................................................!
Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................!
Capital Outlay.................................................................................! Utilities.............................................................................................!

0
20,842,102 5,091,403
26,794 244,000 167,706 52,434 17,357 120,456 146,000 3,235,000 7,966,638

FRIDAY, MARCH 15, 1991

2567

Contractual Expense .....................................................................$ Fuel....................................................................................................$ Facilities Renovations
and Repairs ..................................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

230,422 0
0 38,140,312
0

Georgia Building Authority Functional Budgets

Total Funds

State Funds

Grounds Custodial Maintenance Security Van Pool Sales Administration Railroad Excursions Facility Renovations Total

$

2,018,096

$

0

$

5,249,281

$

0

$

4,935,623

$

0

$

5,402,724

$

0

$

363,301

$

0

$

5,408,063

$

0

$

13,640,758

$

0

$

1,122,466

$

0

$

0

$

0

$

38,140,312

$

0"

Section 2. Said Act is further amended by striking Section 17 in its entirety and by substituting in lieu thereof a new Section 17 to read as follows:

"Section 17. Department of Defense. Budget Unit: Department of Defense ................................................$
Operations Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................? Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications.......................................................................? Per Diem, Fees and Contracts ......................................................$ Grants to Locals - Emergency Management Assistance .............................................................$ Grants- Others................................................................................$ Civil Air Patrol Contract ...............................................................$ Capital Outlay .................................................................................$ Repairs and Renovations .....'..........................................................$ Disaster Relief Payments...............................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

9,197,999
8,381,101 4,383,508
73,382 0
41,300 23,125 6,260 144,673 212,535
1,044,200 51,000 38,304 5,720 20,900
16,000,000 30,426,008 9,197,999

Department of Defense Functional Budgets

Total Funds

State Funds

Office of the Adjutant General
Georgia Emergency Management Agency
Georgia Air National Guard Georgia Army National Guard Total

$

1,353,518

$

19,339,945

$

3,482,103

$

6,250,442

$

30,426,008

$

1,269,207

$

5,025,883

$

559,533

$

2,343,376

$

9,197,999"

Section 3. Said Act is further amended by striking Section 28 in its entirety and by substituting in lieu thereof a new Section 28 to read as follows:

2568

JOURNAL OF THE HOUSE,

"Section 28. Department of Medical Assistance. A. Budget Unit: Medicaid Services.....................................................?
Departmental Operations Budget: 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 .......................................................................$
Payments to Counties for Mental Health..............................................................................!
Audit Contracts...............................................................................?
SFY 1990 Benefits ..........................................................................$ Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

651,227,932
12,868,586 524,904 122,670 0 45,678
14,951,850 935,973 389,377
42,137,563
1,746,325,272
33,630,480 772,500
14.711.896 1,867,416,749
651,227,932

Medical Assistance Functional Budgets

Total Funds

State Funds

Commissioner's Office
Program Management Systems Management Administration
Program Integrity
Institutional Policy and Reimbursement
Benefits, Penalties and Disallowances
Total

?

7,382,605

?

3,259,934

?

37,396,700

?

1,900,123

?

17,242,891

?

4,774,290

?

2,809,826

?

449,218

?

4,554,687

?

1,754,419

$

3,362,392

?

1,629,659

?

1,794,667,648

? 637,460,289

?

1,867,416,749

? 651,227,932

B. Budget Unit: Indigent Trust Fund................................................?
Indigent Trust Fund Budget: Per Diem, Fees and Contracts.....................................................?
Benefits............................................................................................? Total Funds Budgeted..................................................................?
State Funds Budgeted...................................................................?

35,512,616
721,239 91,351,916 92,073,155 35,512,616"

Section 4. Said Act is further amended by striking Section 44 in its entirety and by substituting in lieu thereof a new Section 44 to read as follows:

"Section 44. State of Georgia General
Obligation Debt Sinking Fund.
Budget Unit: State of Georgia General Obligation Debt Sinking Fund (Issued)............................................? State of Georgia General Obligation Debt Sinking Fund (New)...............................................?

297,142,020 31,039,525"

Section 5. Said Act is further amended by striking Section 76 in its entirety and by substituting in lieu thereof a new Section 76 to read as follows:

"Section 76. Georgia State Financing
and Investment Commission...............................................................................?

700,000"

FRIDAY, MARCH 15, 1991

2569

Section 6. Said Act is further amended by striking Section 77 in its entirety and by substituting in lieu thereof a new Section 77 to read as follows:

"Section 77. TOTAL STATE FUND APPROPRIATIONS THROUGH SECTION 76
State Fiscal Year 1991 ..........................................................................$ (including $35,512,616 in Indigent Trust Fund)."

7,595,067,946

Section 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 8. All laws and parts of laws in conflict with this Act are repealed.

Representative Walker of the 115th moved that the House adopt the report of the Committee of Conference on HB 120.
On the motion, the roll call was ordered and the vote was as follows:

Abernathy Y Adams Y Aiken
Y Alford Y Atkins
Baker Y Balkcom YBarfoot
Bargeron Barnett,B Y Barnett,M
Y Bates Y Beatty Y Benefield
Birdsong Y Blitch
Bordeaux
Y Bostick Y Branch Y Breedlove
Y Brooks Y Brown
Brush YBuck Y Buckner YByrd
Campbell Canty Y Carrell Y Carter Y Chafm Y Chambless
Y Cheeks Y Childers
Y ClarkJB Y Clark.H

Y Clark.L Y Coker Y Coleman Y Colwell Y Connell
Y Culbreth Cummings,B Cummings,M
Y Davis.G Davis.M
Y Dixon.H Diion,S
YDobbs Y Dover
Dunn Y Edwards Y Elliott
Felton Y Fennel Y Floyd,J.M
Y Floyd,J.W Y Flynt YGodbee Y Golden Y Goodwin Y Green
Greene Y Griffin Y Groover Y Hamilton
Y Hammond Y Manner Y Harris,B
Y Harris.J Heard
Y Henson

Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee
Long YLord
Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows
Merritt
YMilam Y Mills

On the motion, the ayes were 147, nays 0. The motion prevailed.

Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten
Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter Y Poston Y PowelLA Y Powell.C Y Purcell
Randall
YRay Y Reaves
Redding Y Ricketson
Royal Selman Y Sherrill Y Simpson Y Sinkfield
Y Skipper Y Smith,L

Y Smith.P Y Smith.T Y Smith,W Y Smyre YSnow
Stancil.F Y Stancil,S
Stanley Y Stephens Y Streat Y Taylor Y Teper
Y Thomas,C Y Thomas,M
Thomas.N Y Thurmond
Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan
Walker,J Y Walker,L Y Wall YWare
Y Watson Y Watts
Y White Y Wilder Y Williams.B Y William8,J Y Williams.R Y Yeargin
Murphy.Spkr

Representative Brush of the 83rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 285. By Representatives Murphy of the 18th, Coleman of the 118th, Walker of the 115th, Porter of the 119th, Jamieson of the llth and others:
A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 1991 and ending June 30, 1992.

2570

JOURNAL OF THE HOUSE,

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 285

The Committee of Conference on HB 285 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 285 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ C. Donald Johnson, Jr. Senator, 47th District

/s/ Terry L. Coleman Representative, 118th District

/s/ J. Nathan Deal Senator, 49th District

/s/ Larry Walker Representative, 115th District

/s/ Wayne Garner Senator, 30th District

/s/ Thomas B. Buck, III Representative, 95th District

A BILL

To make and provide appropriations for the State Fiscal Year beginning July 1, 1991, and ending June 30, 1992; to make and provide such appropriations for the operation of the State government, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, political subdivisions and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide for the control and administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1991, and ending June 30, 1992, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and $7,955,482,500 of the General Funds of the State, including unappropriated surplus, reserves and estimated revenue collections (excluding indigent trust fund receipts) for State Fiscal Year 1992.

PART I.

LEGISLATIVE BRANCH

Section 1. Legislative Branch. Budget Unit: Legislative Branch.........................................................$
Personal Services - Staff................................................................$ Personal Services - Elected
Officials.........................................................................................$ Regular Operating Expenses .........................................................$ Travel - Staff ...................................................................................$ Travel - Elected Officials...............................................................! Capital Outlay .................................................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals........................................................................! Telecommunications.......................................................................! Per Diem, Fees and Contracts -
Staff...............................................................................................!

23,532,633 11,716,911
3,429,765 2,525,427
111,000 7,000 0
285,000 464,000
5,000 752,000
333,889

FRIDAY, MARCH 15, 1991

2571

Per Diem, Fees and Contracts Elected Officials...........................................................................!
Photography.....................................................................................! Expense Reimbursement Account................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

2,704,841 65,000
1,132,800 23,532,633 23,532,633

Senate Functional Budgets

Total Funds

State Funds

Senate and Research Office Lt. Governor's Office Secretary of the
Senate's Office Total

!

4,330,959

!

696,675

!

1,183,213

!

6,210,847

4,330,959 696,675
1,183,213 6,210,847

House Functional Budgets

Total Funds

State Funds

House of Representatives and Research Office
Speaker of the House's Office
Clerk of the House's Office Total

$

8,839,849

!

456,891

!

1,171.942

!

10,468,682

8,839,849
456,891 1,171,942 10,468,682

Joint Functional Budgets

Total Funds

State Funds

Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Total

!

2,425,376

!

2,204,936

!

908,824

$

1,313.968

!

6,853,104

2,425,376 2,204,936
908,824 1,313,968 6,853,104

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 National Conference of Commissioners on Uniform State Laws; 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

2572

JOURNAL OF THE HOUSE,

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...................................................$ Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Per Diem, Fees and Contracts ......................................................$ Real Estate Rentals ........................................................................$ Computer Charges...........................................................................* Telecommunications .......................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................!

16,113,417
13,359,207 395,651 734,295 195,000 40,250 37,000 800,006 450,433 101,575
16,113,417 16,113,417

PART II.

JUDICIAL BRANCH

Section 3. Supreme Court. Budget Unit: Supreme Court...............................................................$
Personal Services.............................................................................! Operating Expenses ........................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

4.712,199 3,327,199 1,385,000 4,712,199 4,712,199

Section 4. Court of Appeals. Budget Unit: Court of Appeals ...........................................................!
Personal Services.............................................................................! Operating Expenses ........................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................$

5,753,367 4,953,367
800.000 42,506,217 5,753,367

Section 5. Superior Courts. Budget Unit: Superior Courts .............................................................$ Operation of the Courts........................................................................! Prosecuting Attorneys' Council ...........................................................$ Sentence Review Panel.........................................................................! Council of Superior
Court Judges.......................................................................................! Judicial Administrative
Districts...............................................................................................! Habeas Corpus Clerk ............................................................................$ Total Funds Budgeted ..........................................................................$ State Funds Budgeted..........................................................................!

42.506.217 39,531,967
1,624,597 155,230
120,813
1,058,610 15,000
42,506,217 42,506,217

Section 6. Juvenile Courts. Budget Unit: Juvenile Courts..............................................................!

833,878

FRIDAY, MARCH 15, 1991
Section 7. Institute of Continuing Judicial Education.
Budget Unit: Institute Of Continuing Judicial Education ..................................................$
Institute's Operations .....................................................................$ Georgia Magistrate Courts
Training Council..........................................................................$ Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................!
Section 8. Judicial Council. Budget Unit: Judicial Council .............................................................$
Council Operations..........................................................................! Payments to Judicial
Administrative Districts for Case Counting..............................................................................! Board of Court Reporting..............................................................! Payment to Council of Magistrate Court Judges................................................................................! Payment to Council of Probate Court Judges................................................................................! Payment to Council of State Court Judges................................................................................! Payment to Resource Center.........................................................! Payment to Computerized Information Network ..................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
Section 9. Judicial Qualifications Commission. Budget Unit: Judicial Qualifications
Commission..............................................................!
Section 10. Indigent Defense Council. Budget Unit: Indigent Defense
Council......................................................................!
PART III.
EXECUTIVE BRANCH
Section 11. Department of Administrative Services. A. Budget Unit: Department of
Administrative Services .........................................$ Administration and Services Budget:
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

2573
592.000 456,000 136,000 592,000 592,000
1,990,013 912,480
76,500 39,932 26,000 20,000 12,000 240,000 663.101 1,990,013 1,990,013
125.000
1.005.000
35,042,289 49,704,424 12,274,854
330,550 377,000 1,668,152 9,004,457 3,722,994 1,698,480 530,900 11,665,402 38,550 2,500,000

2574

JOURNAL OF THE HOUSE,

Building Authority for Capital Outlay..............................................................................$ Direct Payments to Georgia Building Authority for Operations ....................................................................................$ Telephone Billings ..........................................................................$ Materials for Resale........................................................................$ Public Safety Officers Indemnity Fund...........................................................................$ Health Planning Review Board Operations ....................................................................................$ Georgia Golf Hall of Fame Operations ....................................................................................$ Authorities Liability Reserve Fund ...............................................................................$ Grants to Counties..........................................................................$ Grants to Municipalities...............................................................^ Total Funds Budgeted..........................................................-.........$ State Funds Budgeted....................................................................$

0
2,500,000 43,986,000 16,500,000
304,400
37,600
0
0 0 0 156,843,763 35,042,289

Department of Administrative Services Functional Budgets

Total Funds

State Funds

State Properties Commission Departmental Administration Treasury and Fiscal
Administration Central Supply
Administration Procurement Administration General Services
Administration Space Management
Administration Data Processing Services Motor Vehicle Services Communication Services Printing Services Surplus Property Services Mail and Courier Services Risk Management Services Total

$

473,209

4,997,653

9,491,896

16,917,766 3,014,841

889,678

551,145 49,335,340 4,045,793 55,209,641 6,822,933
1,718,174 1,135,520 2,240.174 156,843,763

473,209 4,964,319
6,991,896
0 3,014,841
0
551,145 13,196,879
0 5,850,000
0 0 0 0 35,042,289

B. Budget Unit: Georgia Building Authority ................
Georgia Building Authority Budget: Personal Services........................... Regular Operating Expenses.......
Motor Vehicle Purchases .
Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Capital Outlay .................................................................................$ Utilities .............................................................................................$ Contractual Expense .....................................................................$

0
21,572,701 5,557,879
27,255 280,000 231,785 58,121 17,704 121,010 151,880
0 7,466,638
235,030

FRIDAY, MARCH 15, 1991

2575

Fuel.................................. Facilities Renovations
and Repairs................ Total Funds Budgeted..
State Funds Budgeted..

0
0 35,720,003
0

Georgia Building Authority Functional Budgets

Total Funds

State Funds

Grounds Custodial Maintenance Security Van Pool Sales Administration Railroad Excursions Facility Renovations
Total

1,990,066

$

5,469,141

$

5,068,816

5,509,142

397,582

5,456,180

10,236,805

1,592,271

0

35,720,003

Section 12. Agency for the Removal of
Hazardous Materials. Budget Unit: Agency for the Removal of
Hazardous Materials ..............................................$ Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$ Capital Outlay .................................................................................$ Utilities.............................................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

106,006
3,622,164 2,958,281
391,160 136,000 220,735
1,500 0
25,800 875,000
0 0 8,230,640 106,006

Section 13. Department of Agriculture.
A. Budget Unit: Department of Agriculture...............................................................!
State Operations Budget: 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, and

34.548,768
30,844,408 3,603,606
934,524 483,197 94,500 370,676 771,153 397,000 238,461 700,000
2,453,950

2576

JOURNAL OF THE HOUSE,

Statesboro.....................................................................................$ Veterinary Fees................................................................................$ Indemnities.......................................................................................! Advertising Contract........................,..............................................! Payments to Georgia Agrirama
Development Authority for Operations....................................................................................!
Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets.........................................................!
Capital Outlay.................................................................................! Contract - Federation of
Southern Cooperatives................................................................! Tick Control Program ....................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

2,004,106 412,000 125,000 193,000
560,790
350,000 0
56,400 40,000 44,632,771 34,548,768

Department of Agriculture Functional Budgets

Total Funds

State Funds

Plant Industry Animal Industry Marketing General Field Forces Internal Administration Information and Education Fuel and Measures Consumer Protection
Field Forces Meat Inspection Major Markets Seed Technology Entomology and Pesticides Total

5,194,901 6,977,733 2,056,383 3,731,277 4,453,582 1,476,112 3,025,318
6,424,529 4,300,692 4,335,011
526,395 2,130,838 44,632,771

4,864,151 6,722,733 2,009,383 3,731,277 4,384,582 1,476,112 3,016,818
4,673,935 1,613,928
221,011 0
1,834,838 34,548,768

B. Budget Unit: Georgia Agrirama Development Authority .........................................$
Georgia Agrirama Development Authority Budget:
Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Capital Outlay.................................................................................! Goods for Resale .............................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

670,499 164,436
5,450 0
5,494 0
7,933
36,167 203,300 95,000 1,188,279
0

Section 14. Department of Banking and Finance. Budget Unit: Department of Banking
and Finance.............................................................! Administration and Examination Budget:
Personal Services.............................................................................! Regular Operating Expenses.........................................................!

6.966,340
5,867,340 290,426

FRIDAY, MARCH 15, 1991

2577

Travel................................................................................................$ Motor Vehicle Purchases ...............................................................! Equipment........................................................................................! Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts......................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

302,873 101,700 25,334 102,550 216,893 54,724
4,500 6,966,340 6,966,340

Section 15. Department of Community Affairs. Budget Unit: Department of
Community Affairs .................................................$ State Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals........................................................................! Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$ Capital Felony Expenses..............,.................................................! Contracts with Regional
Development Commissions........................................................! Local Assistance Grants.................................................................! Appalachian Regional Commission
Assessment...................................................................................! Community Development Block
Grants (Federal)..........................................................................! Music Hall of Fame........................................................................! Georgia Music Week Promotion...................................................! Local Development Fund...............................................................! Payment to State Housing
Trust Fund...................................................................................! Payment to Georgia Environmental
Facilities Authority for Operations....................................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

14,035,493
5,733,102 265,600 153,000 10,000 2,605 80,275 516,379 51,850 102,000 20,000
2,467,500 713,000
140,322
30,000,000 60,000 5,000 900,000
5,000,000
502,634 46,723,267 14,035,493

Department of Community Affairs Functional Budgets

Total Funds

State Funds

Executive and Administrative Technical Assistance Financial Assistance Rural Development Coordinated Planning Total

941,660 1,427,389 41,722,359 1,150,757 1,481.102 46,723,267

904,633 1,293,902 9,391,816 1,100,632 1,344,510 14,035,493

Section 16. Department of Corrections. A. Budget Unit: Administration, Institutions
and Probation..........................................................! Personal Services.............................................................................! Regular Operating Expenses.........................................................Si! Travel................................................................................................!

496,569,392 364,009,995 49,067,099
1,896,219

2578

JOURNAL OF THE HOUSE,

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................................................................$ 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 Cooperative Extension Service Contracts.........................................................................!
Minor Construction Fund ..............................................................$ Total Funds Budgeted....................................................................! Indirect DOAS Funding.................................................................! Georgia Correctional Industries....................................................! State Funds Budgeted....................................................................!

2,345,500 5,411,976 3,728,252 4,596,389 4,182,412 2,331,301
0 13,837,648
486,000 13,688,850 6,800,000
924,000
3,921,000
1,297,891
464,500 1,600,000 25,119,528
51,749
325,000 0
506,085,309 450,000 0
496,569,392

Departmental Functional Budgets

Total Funds

State Funds

Administration Institutions and Support Probation Total

49,222,141 367,628,278 89,234.890 506,085,309

!

48,721,174

! 366,230,328

!

81,617,890

! 496,569,392

B. Budget Unit: Board of Pardons and Paroles......................................................................!
Board of Pardons and Paroles Budget: Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals........................................................................! Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! County Jail Subsidy........................................................................! Health Services Purchases.............................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

36,172,392
29,250,739 1,181,485
830,000 0
150,753 444,000 2,347,294 1,031,321 303,000 608,800 25,000 36,172,392 36,172,392

Section 17. Department of Defense. Budget Unit: Department of Defense................................................!

5,174.430

FRIDAY, MARCH 15, 1991

2579

Operations Budget: Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Grants to Locals - Emergency Management Assistance .............................................................$ Grants - Others................................................................................! Civil Air Patrol Contract ...............................................................$ Capital Outlay .................................................................................$ Repairs and Renovations ...............................................................$ Disaster Relief Payments...............................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

8,390,977 4,393,128
73,307 0
41,300 15,325 6,260 153,473 196,535
1,044,200 55,000 40,000 0 0 0
14,409,505 5,174,430

Department of Defense Functional Budgets

Total Funds

State Funds

Office of the Adjutant General
Georgia Emergency Management Agency
Georgia Air National Guard Georgia Army National Guard Total

!

1,355,304

$

3,325,792

!

3,484,017

!

6.244,392

!

14,409,505

!

1,270,980

!

1,007,052

!

560,432

!

2.335,966

!

5,174,430

Section 18. State Board of Education Department of Education.
Budget Unit: Department of Education.................................................................!
Operations: Personal Services.............................................................................! Regular Operating Expenses ....................................................... ! Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Utilities.............................................................................................! Capital Outlay.................................................................................!
QBE Formula Grants: Kindergarten/Grades 1 - 3.............................................................! Grades 4 - 8......................................................................................! Grades 9 - 12....................................................................................! High School Laboratories ..............................................................$ Vocational Education Laboratories.................................................................................! Special Education............................................................................! Gifted................................................................................................! Remedial Education........................................................................! Staff Development and

2,880,038,566
42,879,319 4,300,549 1,244,227
0 418,215 4,736,225 2,587,923 1,594,396 16,959,909 704,609
0
736,332,952 620,004,858 271,135,711 89,395,567
91,393,715 220,205,191 30,513,591 50,844,340

2580

JOURNAL OF THE HOUSE,

Professional Development..........................................................$ Media ................................................................................................$ Indirect Cost ....................................................................................$ Pupil Transportation......................................................................? Local Fair Share..............................................................................$
Other Categorical Grants: Equalization Formula.....................................................................$ Sparsity Grants................................................................................? In School Suspension......................................................................$ Special Instructional Assistance ...................................................$ Middle School Incentive ................................................................$ Special Education Low Incidence Grants..........................................................................$
Non-QBE Grants: Education of Children of Low Income Families...........................................................................?
Retirement (H.B. 272 and H.B. 1321) ..........................................................$
Instructional Services for the Handicapped .........................................................................$
Tuition for the Multi-Handicapped.....................................................................?
Severely Emotionally Disturbed ...................................................$ School Lunch (Federal)..................................................................! School Lunch (State) ......................................................................$ Supervision and Assessment of
Students and Beginning Teachers and Performance Based Certification......................................................................?
Regional Education Service Agencies..........................................................................?
Georgia Learning Resources System...........................................................................................?
High School Program.....................................................................? Special Education in
State Institutions.........................................................................? Governor's Scholarships.................................................................? Special Projects ...............................................................................$ Job Training Partnership Act.......................................................? Vocational Research and
Curriculum....................................................................................? Salaries and Travel of
Public Librarians.........................................................................? Public Library Materials................................................................? Talking Book Centers.....................................................................? Public Library M & 0....................................................................? Child Care Lunch
Program (Federal).......................................................................? Chapter II - Block Grant
Flow Through...............................................................................? Payment of Federal Funds to
Board of Technical and Adult
Education......................................................................................?
Innovative Programs.......................................................................?
Technology Grants..........................................................................?
Limited English - Speaking
Students Program.......................................................................?

23,952,546 81,882,854 642,964,477 120,050,951 (571,249,433)
135,847,527 3,825,000 17,672,419 36,399,410 36,110,480
200,000
94,501,492
3,000,000
23,177,937
2,300,000 34,915,279 113,396,789 24,562,029
1,700,000
6,751,960
2,351,667 17,051,009
3,606,003 1,658,647
320,000 3,084,680
266,540
10,097,738 4,343,959
845,450 3,841,862
16,787,825
10,026,258
11,701,897 2,100,000
400,000
5,352,204

FRIDAY, MARCH 15, 1991

2581

Drug Free School (Federal) ...........................................................$ Transition Program for Refugees .................................................$ Emergency Immigrant Education
Program........................................................................................! Title II Math/Science Grant
(Federal) .......................................................................................$ Robert C. Byrd Scholarship
(Federal) .......................................................................................$ Health Insurance - Non-Cert.
Personnel and Retired Teachers ...............................................$ Pre-School Handicapped Program ...............................................$ Mentor Teachers.............................................................................$ Pre-Kindergarten Program ............................................................$ Duty-Free Lunch.............................................................................$ Total Funds Budgeted....................................................................$ Indirect DOAS Services Funding .................................................$ State Funds Budgeted ....................................................................$

2,700,000 100,000
100,000
345,900
154,000
59,583,875 8,959,928
375,000 2,952,542 1,700,000 3,188,019,998
340,000 2,880,038,566

Education Functional Budgets

Total Funds

State Funds

State Administration Instructional Programs Governor's Honors Program Administrative Services Evaluation and Personnel
Development Special Services Professional
Standards Commission Professional
Practices Commission Local Programs Georgia Academy for
the Blind Georgia School for the Deaf Atlanta Area School
for the Deaf Total

10,193,044 18,634,831 1,780,894 10,891,953
12,090,135 4,596,625
341,180
605,756 3,112,594,626
4,476,901 6,997,030
4,817,023 3,188,019,998

9,406,887 9,512,654 1,667,549 7,123,531
11,630,465 2,955,054
341,180
605,756 2,821,447,780
4,283,717 6,785,743
4,278,250 2,880,038,566

Section 19. Employees' Retirement System. Budget Unit: Employees' Retirement
System......................................................................$ Employees' Retirement System Budget:
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....................................................................!

0
1,402,211 194,364 14,350 0 29,000 302,000 191,000 30,000 864,500 0
3,027,425 0

Section 20. Forestry Commission.

2582

JOURNAL OF THE HOUSE,

Budget Unit: Forestry Commission ...... ..............................................$
State Operations Budget: Personal Services..............................................................................$ Regular Operating Expenses ..........................................................$ Travel.................................................. ..............................................$ Motor Vehicle Purchases ................. ..............................................$ Equipment. .......... ............................... ..............................................$
Computer Charges.............. ...... ......... ..............................................$ Real Estate Rentals .......................... ..............................................$
Telecommunications ......................... ..............................................$ Per Diem, Fees and Contracts ........ ..............................................$ Contractual Research........................ ..............................................$
Ware County Grant for Southern Forest World .................................. ..............................................$
Ware County Grant for Road Maintenance................................... ..............................................$
Capital Outlay ................................... ..............................................$ Total Funds Budgeted...................... ..............................................$ State Funds Budgeted...................... ..............................................$

35,310,819
29,343,044 5,326,865
157,068 1,000,000 1,500,000
198,849 43,670 1,041,595 519,622 200,000
28,200
60,000 100,000 39,518,913 35,310,819

Forestry Commission Functional Budgets

Total Funds

State Funds

Reforestation Field Services General Administration
and Support Total

$

3,075,834

$

33,715,549

$

2,727,530

$

39,518,913

$

1,597,434

$

30,985,855

$

2,727,530

$

35,310,819

Section 21. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of
Investigation .............. ..............................................$
Operations Budget: 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...................... ..............................................$ Total State Funds Budgeted........... ..............................................$

37,216,282
27,330,556 2,470,807
491,361 635,200 520,737 1,098,285 1,841,500 1,871,456 606,380 500,000
0 37,366,282 37,216,282

Georgia Bureau of Investigation Functional Budgets

Total Funds

State Funds

Administration Drug Enforcement Investigative Georgia Crime
Information Center Forensic Sciences Total

$

3,188,043

$

8,511,300

$

10,650,600

$

7,152,402

$

7,863,937

$

37,366,282

$

3,188,043

$

8,511,300

$

10,650,600

$

7,002,402

$

7,863,937

$

37,216,282

FRIDAY, MARCH 15, 1991

2583

Section 22. Office of the Governor. Budget Unit: Office of the Governor..................................................$
Personal Services.............................................................................? Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts......................................................! Cost of Operations ..........................................................................$ Mansion Allowance .........................................................................$ Governor's Emergency Fund .........................................................$ Intern Stipends and Travel ...........................................................$ Art Grants of State Funds.............................................................$ Art Grants of Non-State Funds....................................................$ Humanities Grant - State Funds..................................................! Art Acquisitions - State Funds .....................................................$ Children and Youth Grants...........................................................$ Juvenile Justice Grants ..................................................................$ Payments to Hazardous Waste
Management Authority ..............................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................!

20,701.079 9,846,168
532,125 190,203
0 57,576 180,300 847,505 177,440 34,299,710 2,831,820 40,000 3,575,000 152,280 2,825,201 321,301 47,500
0 95,000 1,425,725
232,000 57,676,854 20,701,079

Office of the Governor Functional Budgets

Total Funds

State Funds

Governor's Office Office of Fair
Employment Practices Office of Planning
and Budget Council for the Arts Office of Consumer Affairs State Energy Office Vocational Education
Advisory Council Office of Consumers'
Utility Council Criminal Justice
Coordinating Council Juvenile Justice
Coordinating Council Commission on Children
and Youth Human Relations Commission Governor's Commission on Drug
Awareness and Prevention Total

$

6,599,100

$

911,119

$

4,862,868

$

3,867,958

$

2,518,988

$

34,369,413

$

335,388

$

626,250

$

815,282

$

1,705,058

$

358,457

$

160,463

$

546,510

$

57,676,854

$

6,599,100

$

801,349

$

4,862,868

$

3,350,780

$

2,518,988

$

362,299

$

133,634

$

626,250

$

465,116

$

461,775

$

358,457

$

160,463

$

0

$

20,701,079

Section 23. Department of Human Resources. A. Budget Unit: Departmental
Operations................................................................! 1. General Administration and Support Budget:
Personal Services.............................................................................!

553,679,523 68,280,969

2584

JOURNAL OF THE HOUSE,

Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ........,......................................................$ Equipment........................................................................................$ Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Postage..............................................................................................$ Capital Outlay .................................................................................$ Institutional Repairs and
Maintenance.................................................................................! Payments to DMA -
Community Care .........................................................................$ Service Benefits for Children........................................................! Special Purpose Contracts....................,........................................! Purchase of Service Contracts ......................................................$ Total Funds Budgeted....................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!

3,247,315 1,539,635
866,772 212,652 4,183,964 5,971,927 1,428,964 3,821,711 1,618,966
0
200,000
11,953,772 13,954,848
358,000 37,372,582 155,012,077
638,300 70,867,547

General Administration and Support Functional Budgets

Total Funds

State Funds

Commissioner's Office Administrative Appeals Administrative Policy,
Coordination, and Direction Personnel Indirect Cost Facilities Management Public Affairs Community/ Intergovernmental Affairs Budget Administration Financial Services Auditing Services Special Projects Office Of Children and Youth Planning Councils Community Services Block Grant Regulatory Services Program Direction and Support Child Care Licensing Laboratory Improvement Health Care Facilities Regulation Radiological Health Fraud and Abuse Child Support Recovery Support Services Aging Services State Health Planning

780,280 1,818,621
349,509 1,817,354
0 5,313,877
573,077
787,266 1,817,425 5,464,919 2,060,131
534,500
13,954,848 520,309
8,982,326
853,538 2,659,671
834,329
5,884,915 328,614
5,958,545 35,127,244 13,452,071 43,647,625

780,280 1,818,621
349,509 1,817,354 (7,128,046) 3,847,219
573,077
787,266 1,817,425 5,264,919 2,060,131
534,500
13,435,004 157,512
843,538 2,659,671
492,604
1,372,429 246,114 793,505
4,726,692 12,494,323 19,692,817

FRIDAY, MARCH 15, 1991

2585

and Development Agency Total

1,491,083 155,012,077

1,431.083 70,867,547

2. Public Health Budget: Personal Services.............................................................................? Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$ Postage..............................................................................................! Crippled Children Clinics ..............................................................$ Grants for Regional Maternal and Infant Care..........................................................$ Crippled Children Benefits............................................................! Kidney Disease Benefits ................................................................$ Cancer Control Benefits.................................................................! Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants................................................................................! Family Planning Benefits..............................................................$ Grant-In-Aid to Counties...............................................................! Purchase of Service Contracts ......................................................! Special Purpose Contracts.............................................................! Total Funds Budgeted....................................................................! Indirect DOAS Services Funding.................................................! State Funds Budgeted....................................................................!

51,683,128 64,345,926 1,082,597
13,303 75,072 565,898 1,124,966 739,899 3,775,260 134,096 640,000
1,885,000 7,600,000
308,000 2,837,470
1,550,000 515,582
73,090,230 13,233,279 6,528,522 231,728,228
549,718 130,239,263

Public Health Functional Budgets

Total Funds

State Funds

Director's Office Employees' Health Health Program Management Vital Records Health Services Research Primary Health Care Stroke and Heart
Attack Prevention Epidemiology Immunization Sexually Transmitted
Diseases Community Tuberculosis
Center Family Health Management Infant and Child Health Maternal Health - Perinatal Family Planning Malnutrition Dental Health Children's Medical Services Chronic Disease Diabetes Cancer Control

859,854 357,598 1,350,315 1,920,605 911,488 1,329,852
2,020,346 1,217,172
718,406
3,624,516
2,389,478 7,255,988 5,568,529 3,216,142 10,388,761 63,966,816 1,745,466 12,378,795 1,255,267
699,051 4,088,172

662,629 207,598 1,220,992 1,730,767 688,670 1,245,490
1,490,346 855,945 0
306,257
2,085,553 1,053,111 4,329,077
607,884 6,408,921
0 1,539,599 10,143,673 1,255,267
699,051 3,881,036

2586

JOURNAL OF THE HOUSE,

Environmental Health Laboratory Services Emergency Health District Health
Administration Newborn Follow-Up Care Sickle Cell, Vision
and Hearing High-Risk Pregnant
Women and Infants Grant in Aid to Counties Community Health Management Community Care Aids Vaccines Total

1,336,807 5,632,794 2,996,084
10,596,224 972,892
3,849,110
3,825,696 57,991,801
507,918 3,412,257 6,144,028 7,200,000 231,728,228

923,035 5,512,794 1,939,536
10,466,549 768,861
3,341,601
3,825,696 51,031,308
419,281 1,300,787 3,097,949 7,200,000 130,239,263

3. Rehabilitation Services Budget: Personal Serviccs.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................$ Real Estate Rentals .......................................,................................$ Telecommunications.........,.............................................................! Per Diem, Fees and Contracts ......................................................$ Utilities .............................................................................................$ Capital Outlay .................................................................................$ Postage..............................................................................................$ Institutional Repairs and Maintenance.........................................................................! Case Services....................................................................................! E.S.R.P. Case Services....................................................................! Special Purpose Contracts.............................................................! Purchase of Services Contracts.....................................................! Total Funds Budgeted....................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!

66,891,824 10,097,375
722,668 62,815 348,593 1,670,466 3,375,732 1,470,601 4,757,620 872,224
0 511,190
234,000 16,679,991
27,000 940,000 7,695,996 116,358,095 100,000 22,683,448

Rehabilitation Services Functional Budgets

Total Funds

State Funds

Program Direction and Support
Grants Management State Rehabilitation
Facilities Roosevelt Warm Springs
Institute Georgia Factory for
the Blind Disability Adjudication Production Workshop District Field Services Independent Living Sheltered Employment Community Facilities

3,922,148 1,033,610
7,658,209
19,971,620
11,461,562 25,247,047
690,040 37,206,765
608,046 1,648,409 6,455,911

1,236,895 884,113
1,526,562
5,063,166
764,977 0 0
8,245,123 403,046 787,004
3,488,901

FRIDAY, MARCH 15, 1991

2587

Bobby Dodd Workshop Total

454,728 116,358,095

$

283,661

$

22,683,448

4. Family and Children Services Budget: Personal Services..................... Regular Operating Expenses.
Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Postage..............................................................................................$ Cash Benefits ...................................................................................$ Grants to County DFACS -
Operations ....................................................................................$ Service Benefits for Children ........................................................$ Special Purpose Contracts .............................................................$ Purchase of Service Contracts ......................................................$ Children's Trust Fund....................................................................$ Total Funds Budgeted....................................................................$ Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................$

14,775,574 1,630,258
372,299 0
84,525 16,343,387
252,861 1,400,660 5,014,274 2,064,694 401,740,037
230,449,410 68,410,444 3,641,604
1,994,658 1,119,603 749,294,288 2,339,882 329,889,265

Family and Children Services Functional Budgets

Total Funds

State Funds

Refugee Benefits AFDC Payments SSI - Supplemental Benefits Energy Benefits County DFACS Operations -
Social Services County DFACS Operations -
Eligibility County DFACS Operations -
Joint and Administration County DFACS Operations -
Homemakers Services Food Stamp Issuance Director's Office Administrative Support Regional Administration Public Assistance Management Information
Systems Social Services Indirect Cost Employability Benefits Legal Services Family Foster Care Institutional Foster Care Specialized Foster Care Adoption Supplement Day Care

$

1,908,666

393,768,271

100

6,917,000

73,351,725

101,276,246

44,741,112

7,275,486 2,637,600
792,737 5,065,607 4,065,925 4,056,908

19,304,729 2,943,045
0 3,613,143 1,976,046 29,284,018 4,150,219 1,534,848 5,353,680 24,995,087

$

0

$ 150,928,530

$

100

$

0

$

26,332,635

$

50,527,772

$

21,938,552

$

7,275,486

$

0

$

792,737

$

4,019,803

$

4,065,925

$

2,318,787

$

8,182,826

$

2,943,045

$

(6,971,058)

$

1,465,696

$

1,976,046

$

20,950,878

$

3,468,253

$

1,328,101

$

3,773,991

$

16,415,983

2588

JOURNAL OF THE HOUSE,

Home Management - Contracts Outreach - Contracts Special Projects Program Support County DFACS Operations -
Employability Program Children's Trust Fund
Commission Total

145,000 475,000 1,265,960 3,342,033
3,804,841
1,249,256 749,294,288

Budget Unit Object Classes: Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment...................................................................,....................$ Computer Charges...........................................................................$ Real Estate Rentals ...............................................................,........$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Utilities .............................................................................................$ Postage..............................................................................................! Capital Outlay ...........,.....................................................................$ Grants for Regional Maternal and Infant Care..........................................................$ Crippled Children Benefits............................................................? Crippled Children Clinics ..............................................................$ Kidney Disease Benefits ................................................................$ Cancer Control Benefits...................,.............................................$ Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants................................................................................$ Family Planning Benefits ..............................................................$ Grant-In-Aid to Counties...............................................................$ Payments to DMA-Community Care...........................................$ Service Benefits for Children........................................................! Case Services..............................................................,.....................! E.S.R.P. Case Services....................................................................! Cash Benefits...................................................................................! Grants for County DFACS Operations....................................................................................! Institutional Repairs and Maintenance.........................................................................! Special Purpose Contracts.............................................................! Purchase of Service Contracts ......................................................! Children's Trust Fund.........,..........................................................!
B. Budget Unit: Community Mental Health/ Mental Retardation Youth Services and Institutions...............................................................!
Departmental Operations: Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$

145,000 475,000 1,243,602 3,177,398
1,864,921
1,249.256 329,889,265
201,631,495 79,320,874 3,717,199
942,890 720,842 22,763,715 10,725,486 5,040,124 17,368,865 872,224 4,328,946
0
1,885,000 7,600,000
640,000 308,000 2,837,470
I,550,000 515,582
73,090,230 11,953,772 82,365,292 16,679,991
27,000 401,740,037
230,449,410
434,000 II,468,126 60,296,515 1,119,603
515,512,474
407,594,467 39,791,197 1,167,119
339,330 2,057,723 4,683,641 1,211,440

FRIDAY, MARCH 15, 1991

2589

Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Utilities.............................................................................................! Authority Lease Rentals ................................................................$ Institutional Repairs and
Maintenance.................................................................................! Grants to County-Owned
Detention Centers.......................................................................! Substance Abuse
Community Services...................................................................! Mental Retardation
Community Services...................................................................! Mental Health
Community Services...........................,.......................................! Community Mental Health
Center Services............................................................................! Special Purpose Contract...............................................................! Service Benefits for Children........................................................! Purchase of Service Contracts ......................................................$ Reserve/ClaytonRYDC..................................................................$ Total Funds Budgeted....................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!

3,163,540 7,178,105 14,412,029
630,000
2,155,639
2,667,420
44,274,300
93,981,157
21,545,344
62,709,921 1,322,118 4,940,940 606,870 321,742
716,754,042 2,404,100
515,512,474

Community Mental Health/Mental Retardation, Youth Services and Institutional Functional Budgets

Total Funds

State Funds

Southwestern State Hospital Georgia Retardation Center Georgia Mental Health
Institute Georgia Regional
Hospital at Augusta Northwest Regional
Hospital at Rome Georgia Regional
Hospital at Atlanta Central State Hospital Georgia Regional
Hospital at Savannah Gracewood State School
and Hospital West Central Georgia
Regional Hospital Outdoor Therapeutic Program Mental Health
Community Assistance Mental Retardation
Community Assistance Developmental Disabilities
Grant Day Care Centers for
Mentally Retarded Supportive Living Georgia State Foster
Grandparents/Senior

!

41,848,126

!

32,740,292

!

32,082,230

$

23,750,798

!

31,664,487

!

30,664,206

! 135,857,453

!

25,912,943

!

48,220,394

!

23,640,553

!

3,577,551

!

9,960,276

!

4,754,386

!

721,071

$

71,759,602

$

21,211,751

25,335,172 13,233,966
26,974,218
20,477,202
24,032,967
23,074,494 82,314,287
21,163,497
22,397,105
18,886,312 2,751,827
9,845,276
3,110,405
0
44,023,602 21,211,751

2590

JOURNAL OF THE HOUSE,

Companion Program Project Rescue Drug Abuse Contracts Community Mental Health
Center Services Project ARC Metro Drug Abuse Centers Group Homes for
Autistic Children Project Friendship Community Mental
Retardation Staff Community Mental Retardation
Residential Services Contract with Clayton County
Board of Education for Autistic Children MH/MR/SA Administration Regional Youth Development Centers Milledgeville State YDC Augusta State YDC Atlanta State YDC Macon State YDC Court Services Community Treatment Centers Day Centers Group Homes Purchased Services Runaway Investigation/ Interstate Compact Assessment and Classification Youth Services Administration Total

706,422 477,836 4,099,557
62,709,921 397,872
1,430,525
276,822 333,593
3,890,090
16,821,082
77,288 10,439,356
20,329,344 11,154,438 7,875,164 4,199,812 4,298,605 14,171,760 2,931,466
999,966 717,273 6,427,003
783,118
450,674
2,388,936 716,754,042

Section 24. Department of Industry and Trade. Budget Unit: Department of Industry
and Trade................................................... State Operations Budget:
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................................... Advertising and Cooperative
Advertising ..................................................................... Georgia Ports Authority
Authority Lease Rentals............................................... Historic Chattahoochee
Commission Contract.................................................... Georgia Council for

675,392 477,836 1,263,583
49,044,859 397,872
1,220,525
276,822 333,593
3,890,090
16,821,082
77,288 7,176,523
19,773,844 10,787,979 7,791,935 4,070,246 3,730,728 14,171,760 2,931,466
999,966 717,273 6,427,003
783,118
450,674
2.388.936 515,512,474
16.650.843
7,739,695 1,416,975
304,263 42,000 41,281 119,278 840,869 218,796 262,480 214,400
4,839,110
1,445,000
40,000

FRIDAY, MARCH 15, 1991

2591

International Visitors..................................................................$ Waterway Development in
Georgia..........................................................................................$ Contract - Georgia Association
of Broadcasters ............................................................................$ Southern Center for
International Studies ..................................................................$ Lanier Regional Watershed
Commission ..................................................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................$

23,500
40,000
49,820
23,500
20,000 0
17,680,967 16,650,843

Department of Industry and Trade Functional Budgets

Total Funds

State Funds

Administration Economic Development Tourism Total

$

4,351,123

$

5,405,141

$

7,924,703

$

17,680,967

$

3,531,123

$

5,245,141

$

7,874,579

$

16,650,843

Section 25. Department of Insurance. Budget Unit: Department of Insurance .............................................$ Operations Budget:
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....................................................................!

13,387,175
11,567,178 583,961 551,170 124,000 105,546 268,816 520,761 249,625 51,600 100,000
14,122,657 13,387,175

Department of Insurance Functional Budgets

Total Funds

State Funds

Internal Administration Insurance Regulation Industrial Loans Regulation Fire Safety and Mobile
Home Regulations Total

$

2,519,213

$

6,027,054

$

626,654

$

4,949,736

$

14,122,657

$

2,519,213

$

5,897,054

$

626,654

$

4,344,254

$

13,387,175

Section 26. Department of Labor. Budget Unit: Department of Labor....................................................$ State Operations:
Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$

6,592,409
63,558,836 5,488,281 1,014,839
0 468,869 3,772,454 1,259,182

2592

JOURNAL OF THE HOUSE,

Telecommunications.......................................................................! Per Diem, Fees and
Contracts (JTPA) ........................................................................$ Per Diem, Fees and Contracts ...................................,..................$ W.I.N. Grants ..................................................................................$ Payments to State Treasury..........................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

1,260,815
65,281,260 2,902,168
0 1,774,078 2,800,000 149,580,782 6,592,409

Department of Labor Functional Budgets

Total Funds

State Funds

Executive Offices Administrative Services Employment and Training
Services Total

5,844,311 18,745,143
124,991,328 149,580,782

$

850,113

$

3,001,102

$

2,741,194

6,592,409

Section 27. Department of Law. Budget Unit: Department of Law.......................................................$ Attorney General's Office Budget:
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....................................................................!

9,016,714
8,216,698 367,943 131,057 0 11,205 169,406 462,241 98,164 60,000 110,000
9,626,714 9,016,714

Section 28. Department of Medical Assistance. A. Budget Unit: Medicaid Services.....................................................!
Departmental Operations Budget: 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.......................................................................!
Payments to Counties for Mental Health..............................................................................!
Audit Contracts...............................................................................! SFY 1991 Medicaid Benefits,
Penalties and Disallowances......................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

840,647,613
12,943,537 556,334 144,500 0 42,750
17,049,279 935,973 401,058
49,333,561
2,144,270,010
40,423,285 772,500
129,634,430 2,396,507,217
840,647,613

Medical Assistance Functional Budgets

Total Funds

State Funds

FRIDAY, MARCH 15, 1991

2593

Commissioner's Office Program Management Systems Management Administration Program Integrity Institutional Policy
and Reimbursement Benefits, Penalties
and Disallowances Total

8,888,728
42,658,929 19,808,298 2,868,490 4,536,618
3,418,429
2,314,327,725 2,396,507,217

4,292,372 2,122,622 5,455,465
497,558 1,694,834
1,656,666
824.928.096 840,647,613

Section 29. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel
Administration ........................................................$ Departmental Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Equipment................ ........................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Health Insurance Payments ..........................................................$ Total Funds Budgeted....................................................................$ Other Agency Funds.......................................................................$ Agency Assessments........................................................................$ Employee and Employer
Contributions ...............................................................................$ Deferred Compensation..................................................................$ State Funds......................................................................................$

0
8,260,883 1,724,982
84,509 53,553 2,986,792 918,326 299,927 92,228,910 613,182,892 719,740,774 17,000 10,050,160
709,545,696 127,918 0

Merit System Functional Budgets

Total Funds

State Funds

Applicant Services Classification and
Compensation Flexible Benefits Employee Training
and Development Health Insurance
Administration Health Insurance Claims Internal Administration Commissioner's Office Total

$

2,821,075

1,248,370 1,349,647

1,344,926

25,819,672 682,855,136
2,674,003 1,627,945 719,740,774

Section 30. Department of Natural Resources. A. Budget Unit: Department of Natural
Operations Budget: Personal Services...... .......................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$
Real Estate Rentals ........................................................................$

71,431,041
61,639,796 11,706,052
440,234 1,457,331 1,595,805 1,854,165

2594

JOURNAL OF THE HOUSE,

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......................................................! Environmental Facilities................................................................! Historic Preservation...................................................,..................! Recreation.........................................................................................!
Contracts: Georgia Special Olympics ..............................................................$ Georgia Sports Hall of Fame.........................................................! Technical Assistance Contract......................................................! Corps of Engineers (Cold Water Creek State Park)........................................................................! Georgia Rural Water Association....................................................................................! Georgia State Games Commission................................................! U. S. Geological Survey for Ground Water Resources...............................................................!
U.S. Geological Survey for Topographic Mapping................................................................!
Payments to Georgia Agricultural Exposition Authority..................................................................!
Georgia Boxing Commission..........................................................! Total Funds Budgeted....................................................................! Receipts from Jekyll Island
State Park Authority..................................................................! Receipts from Stone Mountain
Memorial Association.................................................................! Indirect DOAS Funding.................................................................! State Funds Budgeted....................................................................!

1,214,102 692,982
1,115,171 227,000 150,000
2,400,000
100,000 2,331,700
211,500
530,000 329,000 1,755,000 20,000
0
400,000
800,000 3,500,000
258,500 315,000
193,640 0
117,500
175,000
10,000 123,824
300,000
125,000
2,398,872 5,000
98,492,174
314,594
724,572 200,000 71,431,041

Department of Natural Resources Functional Budgets

Total Funds

State Funds

Internal Administration Parks, Recreation and
Historic Sites Coastal Resources Game and Fish Environmental Protection Total

8,187,412
36,474,516 1,791,180 27,155,399 24,883.667 98,492,174

5,649,277
19,866,148 1,696,180 23,110,269 21.109,167 71,431,041

FRIDAY, MARCH 15, 1991

2595

B. Budget Unit: Georgia Agricultural Exposition Authority..
Operations Budget: Personal Services................................. Regular Operating Expenses ............. Travel.................................................... Motor Vehicle Purchases ................... Equipment............................................ Computer Charges............................... Real Estate Rentals............................ Telecommunications........................... Per Diem, Fees and Contracts .......... Capital Outlay ..................................... Total Funds Budgeted........................ State Funds Budgeted........................

0
1,390,524 1,360,997
21,600 20,000 76,600 28,500
0 18,000 490,826
0 3,407,047
0

Functional Budget

Total Funds

State Funds

Georgia Agricultural Exposition Authority

$

3,407,047

Section 31. 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.................................................................................! Total Funds Budgeted....................................................................! Indirect DOAS Service Funding ...................................................$ State Funds Budgeted....................................................................!

83,341,227
50,686,193 7,829,772
132,250 2,010,000
425,952 4,786,000
40,501 878,400 194,650
150,000 0
67,133,718 1,650,000
65,483,718

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.........................................................................! Driver License Processing..............................................................! Total Funds Budgeted....................................................................! Indirect DOAS Service Funding...................................................! State Funds Budgeted....................................................................!

14,411,252 1,643,953
32,750 0
78,497 0
37,507 321,600 85,350
0 265,000 981,600 17,857,509
0 17,857,509

2596

JOURNAL OF THE HOUSE,

Public Safety Functional Budgets

Total Funds

State Funds

Administration Driver Services Field Operations Total

$

17,460,261

$

17,857,509

$

49,673,457

$

84,991,227

15,810,261 17,857,509 49,673,457 83,341,227

B. Budget Unit: Units Attached for Administrative Purposes Only .........................................................$
1. Attached Units Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Peace Officers Training Grants ....................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

13,793,488
7,321,285 2,628,647
113,050 13,500 132,085 425,076 95,366 144,963 827,440 2,758,356
0 14,459,768 13,469,768

2. Office of Highway Safety 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..................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

410,802 28,600 9,828
0 0 39,185 75,078 4,000 23,800 3,500,000 4,091,293 323,720

Attached Units Functional Budgets

Total Funds

State Funds

Office of Highway Safety Georgia Peace Officers
Standards and Training Police Academy Fire Academy Georgia Firefighters
Standards and Training Council Organized Crime Prevention Council Georgia Public Safety Training Facility Total

!

4,091,293

$

4,783,777

$

1,170,899

!

1,249,708

!

451,219

!

0

$

6,804,165

!

18,551,061

!

323,720

!

4,783,777

!

1,120,899

!

1,169,708

!

451,219

!

0

!

5.944,165

!

13,793,488

Section 32. Public School Employees'

FRIDAY, MARCH 15, 1991

2597

Retirement System. Budget Unit: Public School Employees'
Retirement System .................................................$ Departmental Operations Budget:
Payments to Employees' Retirement System......................................................................$
Employer Contributions.................................................................* Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................*

10,911.433
441,433 10,470,000 10,911,433 10,911,433

Section 33. Public Service Commission. Budget Unit: Public Service
Commission..............................................................$ Departmental Operations Budget:
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....................................................................*

7,473,781
6,578,665 378,504 192,943 66,860 26,162 269,792 316,643 122,073 922,115
8,873,757 7,473,781

Public Service Commission Functional Budgets

Total Funds

State Funds

Administration Transportation Utilities Total

1,713,791 3,098,250 4.061,716 8,873,757

1,713,791 1,796,274 3,963,716 7,473,781

Section 34. Board of Regents, University System of Georgia.
A. Budget Unit: Resident Instruction................................................* Resident Instruction Budget:
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.....................................................................* Special Desegregation Programs...................................................* Forestry Research............................................................................* Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................* Departmental Income.....................................................................* Sponsored Income...........................................................................* Other Funds.....................................................................................* Indirect DOAS Services Funding .................................................* State Funds Budgeted....................................................................*

800,682,821
867,635,675 110,000,000
216,908,919 125,000,000 11,250,000
331,830 360,383 315,880
0 1,331,802,687
31,000,000 235,000,000 262,092,566
3,027,300 800,682,821

B. Budget Unit: Regents Central Office

2598

JOURNAL OF THE HOUSE,

and Other Organized Activities...................................................................* Regents Central Office and Other Organized Activities Budget: 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...................................................................* Capitation Contracts for
Family Practice Residency.........................................................* Residency Capitation Grants.........................................................* Student Preceptorships..................................................................* Center for Rehabilitation
Technology...................................................................................* SREB Payments..............................................................................* Medical Scholarships......................................................................* Regents Opportunity Grants.........................................................* Regents Scholarships......................................................................* Rental Payments to Georgia
Military College...........................................................................* CRT Inc. Contract at Georgia Tech
Research Institute .......................................................................$
Direct Payments to the Georgia Public Telecommunications Commission for Operations........................................................*
Total Funds Budgeted....................................................................* Departmental Income .....................................................................* Sponsored Income...........................................................................* Other Funds.....................................................................................* Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................*

147,878.807
217,824,438 65,013,299
102,640,762 36,177,000
207,000 2,022,943
1,525,824
2,659,765 2,461,821
150,771
701,330 8,792,031 1,074,370
564,000 188,000
796,348
211,000
6,562,843 449,573,545
0 104,448,623 196,690,415
555,700 147,878,807

Regents Central Office and Other Organized Activities Functional Budgets

Total Funds

State Funds

Marine Resources Extension Center
Skidaway Institute of Oceanography
Marine Institute Georgia Tech
Research Institute Education Extension
Services Agricultural
Experiment Station Cooperative Extension
Service Eugene Talmadge

$

1,735,259

*

3,694,840

*

1,407,653

* 128,059,781

*

5,847,680

$

50,369,052

*

49,649,263

$

1,197,826

$

1,508,416

$

956,926

$

13,046,080

*

2,085,995

$

33,908,275

$

33,222,563

FRIDAY, MARCH 15, 1991

2599

Memorial Hospital Veterinary Medicine
Experiment Station Veterinary Medicine
Teaching Hospital Joint Board of
Family Practice Georgia Radiation
Therapy Center Athens and Tifton
Veterinary Laboratories Regents Central Office Total

168,725,009
2,906,045
2,355,780
5,933,885
2,450,164
3,258,324 23.180.810 449,573,545

29,618,061
2,906,045
503,925
5,933,885
0
0 22,990,810 147,878,807

C. Budget Unit: Georgia Public Telecommunications Commission..............................................................$
Public Telecommunications Commission Budget: Personal Services.............................................................................! Operating Expenses ........................................................................$ Total Funds Budgeted....................................................................! Other Funds.....................................................................................$ State Funds Budgeted....................................................................!

0
7,100,446 7,299,519 14,399,965 14,399,965
0

Section 35. Department of Revenue. Budget Unit: Department of Revenue ...............................................$ Operations Budget:
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
andFICA......................................................................................$ Grants to Counties/Appraisal
Staff...............................................................................................! Motor Vehicle Tags and Decals ....................................................$ Postage..............................................................................................! Total Funds Budgeted....................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!

75,730,951
48,381,838 4,464,354 1,408,050
114,200 477,955 9,711,450 2,184,891 702,945 297,625
2,327,000
1,230,000 4,650,175 3,625,468 79,575,951 3,845,000 75,730,951

Department of Revenue Functional Budgets

Total Funds

State Funds

Departmental Administration Internal Administration Electronic Data Processing Field Services Income Tax Unit Motor Vehicle Unit Central Audit Unit Property Tax Unit

5,141,593 10,981,212 5,437,651 16,732,835 8,121,248 17,762,704 6,865,717 4,249,333

5,141,593 10,881,216 5,437,651 16,642,835 6,721,256 15,707,704 6,865,717 4,249,333

2600

JOURNAL OF THE HOUSE,

Sales Tax Unit Total

$

4,283,658

$

79,575,951

$

4,083,646

$

75,730,951

Section 36. Secretary of State. Budget Unit: Secretary of State..........................................................$
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$
Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$
Equipment........................................................................................! Computer Charges...........................................................................!
Real Estate Rentals ........................................................................$ Telecommunications.......................................................................!
Per Diem, Fees and Contracts......................................................! Election Expenses...........................................................................!
Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

22,522,890 15,542,963 2,113,592
241,350 128,500
106,261 908,111
2,282,731 300,095
799,287 600,000
23,022,890 22,522,890

Secretary of State Functional Budgets

Total Funds

State Funds

Internal Administration Archives and Records
Business Services and Regulation
Elections and Campaign Disclosure
Drugs and Narcotics
State Ethics Commission Occupational Certification Total

!

3,185,598

!

4,739,015

!

4,342,124

!

1,336,262

$

995,879

!

196,279

!

8,227,733

!

23,022,890

$

3,045,598

$

4,664,015

$

4,247,124

$

1,300,262

!

941,879

!

196,279

$

8,127,733

!

22,522,890

B. Budget Unit: Real Estate Commission .........................................$
Real Estate Commission Budget: 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....................................................................!

1,972,706
1,090,626 156,300 15,000 44,000 12,500 381,830 113,700 24,000 134,750
1,972,706 1,972,706

Real Estate Commission Functional Budget

Real Estate Commission

State Funds

!

1,972,706

Cost of

Operations

!

2,012,706

Section 37. Soil and Water Conservation Commission.
Budget Unit: Soil and Water Conservation Commission......................................!
Soil and Water Conservation Budget: Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................!

1,792,083
978,190 108,898 56,975

FRIDAY, MARCH 15, 1991

2601

Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ County Conservation Grants .........................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

0 13,067 6,846 56,218 18,676 483,440 449,198 2,171,508 1,792,083

Section 38. Student Finance Commission. Budget Unit: Student Finance
Commission..............................................................! Administration Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Real Estate Rentals ........................................................................$ Payment of Interest and Fees.......................................................! Guaranteed Educational Loans.....................................................! Tuition Equalization Grants .........................................................$ Student Incentive Grants...............................................................! Law Enforcement Personnel
Dependents' Grants ....................................................................$ North Georgia College
ROTC Grants...............................................................................! Osteopathic Medical Loans ...........................................................$ Georgia Military Scholarship
Grants............................................................................................! Paul Douglas Teacher
Scholarship Loans .......................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

23,638,753
4,829,739 411,250 86,800 0 21,000 371,000 147,800 38,000 18,000 781,921
4,210,000 14,849,678 4,728,461
36,000
95,500 162,000
462,030
398,784 31,647,963 23,638,753

Georgia Student Finance Commission Functional Budgets

Total Funds

State Funds

Internal Administration Higher Education
Assistance Corporation Georgia Student
Finance Authority Georgia Nonpublic Postsecondary
Education Commission Total

5,339,364

781,921

24,942,453

584,225

$

31,647,963

0
485,904
22,571,406
581,443 23,638,753

Section 39. Teachers' Retirement System. Budget Unit: Teachers' Retirement
System............................................. Departmental Operations Budget:
Personal Services.................................................... Regular Operating Expenses................................ Travel .......................................................................

3,950,000
3,191,881 319,860 26,650

2602

JOURNAL OF THE HOUSE,

Equipment........................................................................................$ Computer Charges...........................................................................!
Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$
Cost-of-Living Increases for Local Retirement System Members ....................................................$
Floor Fund for Local Retirement Systems....................................................................!
Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................!

16,000 1,078,000
301,000 113,978 330,000
3,250,000
700,000 9,327,369 3,950,000

Section 40. Department of Technical and
Adult Education.
Budget Unit: Department of Technical and Adult Education ..............................................$
Department of Technical and Adult Education Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment.... ....................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$ Personal Services-Institutions.......................................................! Operating Expenses-Institutions...................................................! Capital Outlay.................................................................................! Quick Start Program ......................................................................$ Area School Program......................................................................! Regents Program.............................................................................! Adult Literacy Grants ....................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

128,366,410
4,106,449 370,242 111,000 0 13,000 381,470 495,110 144,000 797,526
86,540,574 18,953,302
0 6,200,389 25,322,070 2,737,598 8,657,535 154,830,265 128,366,410

Functional Budgets

Total Funds

State Funds

Administration Institutional Programs
Total

6,418,797 148,411,468
154,830,265

!

5,397,950

$ 122,968,460

! 128,366,410

Section 41. Department of Transportation. Budget Unit: Department of
Transportation........................................................! For Public Roads and Bridges and for other
transportation activities. Departmental Operations Budget:
Personal Services.............................................................................!
Regular Operating Expenses .........................................................$ Travel................................................................................................!
Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................!
Computer Charges...........................................................................! Real Estate Rentals........................................................................!
Telecommunications.......................................................................!

501,936,837
225,713,769 60,505,689 1,636,678
511,000 4,359,489 4,538,721 1,355,827 2,009,489

FRIDAY, MARCH 15, 1991

2603

Per Diem, Fees and Contracts .......................................................$ Capital Outlay ..................................................................................$ Capital Outlay - Airport
Approach Aid and Operational Improvements...............................................................................$ Capital Outlay - Airport Development.........................................................................,.......$ Mass Transit Grants........................ ................................................$ Savannah Harbor Maintenance
Payments...............................................................................,,, $ Spoilage Area Acquisition,
Clearing, Preparation and
Dike Reconstruction.....................................................................$ Total Funds Budgeted............................................................., , , $ State Funds Budgeted.............................................................,......,$

9,897,129 658,811,371
1,058,242
1,000,000 8,177,520
987,000
0 980,561,924 501,936,837

Department of Transportation Functional Budgets

Motor Fuel Tax Budget

Total Funds

State Funds

Planning and Construction Maintenance and Betterments Facilities and Equipment Administration Total

$ 705,564,405

$ 230,227,025

$

7,099,748

$

22.568,822

$ 965,460,000

$ 247,489,405

$ 218,987,025

$

6,499,748

$

22,023,822

$ 495,000,000

General Funds Budget

Total Funds

State Funds

Paving at State and Local Schools and State Institutions
Air Transportation Inter-Modal Transfer
Facilities Harbor Maintenance
Activities Total

$

0

$

1,679,487

$

12,435,437

$

987.000

$

15,101,924

$

0

$

1,179,487

$

4,770,350

$

987,000

$

6,936,837

Section 42. Department of Veterans Service. Budget Unit: Department of Veterans
Service ......................................................................$ Departmental Operations Budget:
Personal Services. .................................................................... $ Regular Operating Expenses ................................................. $ Travel ........................................................................................ .,.,..,,$ Motor Vehicle Purchases ....................................................... ........$ Equipment... ............................................................................. ........$ Computer Charges.............. ..................................................... $ Real Estate Rentals ................................................................ ,...,.$ Telecommunications ............................................................... ........$ Per Diem, Fees and Contracts .............................................. ........$ Capital Outlay ...............................................................................,.$ Operating Expense/Payments to
Central State Hospital...................... .................................. ........$
Operating Expense/Payments to Medical College of Georgia ................................................ $
Regular Operating Expenses
for Projects and Insurance. ....... ......................................... ........$ Total Funds Budgeted............................................................ $

21,800,034
4,708,140 115,252 65,456 0 43,995 15,295 231,872 55,370 23,100 0
15,312,585
5,921,793
175.000 26,667,858

2604

JOURNAL OF THE HOUSE,

State Funds Budgeted..................................................................

21,800,034

Veterans Service Functional Budgets

Total Funds

State Funds

Veterans Assistance Veterans Home and Nursing
Facility - Milledgeville Veterans Nursing
Home - Augusta Total

5,223,655
15,494,210
5.949,993 26,667,858

5,008,626
12,274,222
4,517.186 21,800,034

Section 43. Workers' Compensation Board. Budget Unit: Workers' Compensation
Board ....................,...................................................$ Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................? Computer Charges...........................................................................? Real Estate Rentals ........................................................................$ Telecommunications.......................................................................? Per Diem, Fees and Contracts......................................................? Georgia Crime Victims Assistance
Program........................................................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

8,781,814
6,952,772 327,875 69,615 0 2,885 212,548 997,304 105,000 123,815
100,000 8,891,814 8,781,814

Section 44. State of Georgia General Obligation Debt Sinking Fund.
Budget Unit: State of Georgia General Obligation Debt Sinking Fund (Issued)............................................? State of Georgia General Obligation Debt Sinking Fund (New)...............................................?

320,780.643 26,244,450

Section 45. State of Georgia Guaranteed RevenueDebt Common Reserve Fund. In addition to all other appropriations for State Fiscal Year 1992, there is appropriated the sum of ?5,000,000 for payment into the "State of Georgia Guaranteed Revenue Debt Common Reserve Fund". The purpose of this appropriation is to authorize the guarantee by the State of an issue of revenue obligations of the Georgia Environmental Facilities Authority for loans to local governments for "sewerage facilities" and "water facilities as defined in the Act of the Authority. The maximum principal amount of the specific issue shall not exceed $50,000,000; the amount of the highest annual debt service shall not exceed the amount of this appropriation, and the maximum maturities of the issue shall not exceed two hundred forty months. The General Assembly has determined that the obligations of the issue will be self-liquidating over the life of the issue.

Section 46. Provisions Relative to Section 3, Supreme Court. The appropriations in Section 3 (Supreme Court) 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 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.

FRIDAY, MARCH 15, 1991

2605

Section 47. Provisions Relative to Section 4, Court of Appeals. The appropriations in Section 4 (Court of Appeals) of this Act are for the cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions for judges and employees of the Court.
Section 48. Provisions Relative to Section 5, Superior Courts. The appropriations in Section 5 (Superior Courts) of this Act are for the 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; provided, however, of the funds appropriated in Section 5, $20,000 is designated and committed to permit Judges with fewer than ten years of experience to attend the Judicial College.
Section 49. Provisions Relative to Section 6, Juvenile Courts. The appropriations in Section 6 (Juvenile Courts) are for the cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4.
Section 50. Provisions Relative to Section 7, Institute of Continuing Judi cial Education. The appropriations in Section 7 (Institute of Continuing Judicial Education) are for the 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.
Section 51. Provisions Relative to Section 8, Judicial Council. The appropriations in Section 8 (Judicial Council) of this Act are for the cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts and the Board of Court Reporting of the Judicial Council, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges.
Section 52. Provisions Relative to Section 11, Department of Administra tive Services. It is the intent of this General Assembly that the Department of Administrative Services develop a plan to centralize the mailing functions of state government and begin implementation of said plan by the Department or a contractor when feasible.
Section 53. Provisions Relative to Section 13, Department of Agriculture. Provided that of the appropriation to the Department of Agriculture, $80,000 is designated and committed for youth programs and activities.
Section 54. Provisions Relative to Section 16, Department of Correc tions. It is the intent of the General Assembly that all State and Superior Court Judges assess a minimum $10.00 per month probation fee on all probation cases and excess fee revenue above that which is already budgeted shall be applied toward the lapse factor to fill unfunded probation positions and related costs.
Provided that of the above appropriation to the Department of Corrections, $5,000 is designated and committed to plan a detention facility in Mclntosh County.
It is the intent of this General Assembly that chaplains, teachers and librarians be employed by contract for all correctional institutions opened after July 1, 1991 when possible.
Section 55. Provisions Relative to Section 18, State Board of EducationDepartment of Education. The formula calculation for Quality Basic Education funding assumes a base unit cost of $1,647.07 In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.

2606

JOURNAL OF THE HOUSE,

From the Appropriations in Section 18, funds are designated and committed for the purpose of Special Education Low - Incidence Grants to finance the direct instructional costs for low - incidence programs which are not covered by the QBE formula. The total of such grants will be determined under Board of Education policy IDDF and may not exceed $600,000 for FY 1992.
From the Appropriations in Section 18, funds in the amount of up to $452,000 are set aside for extended year purposes. Funds are to be made available to local school systems on a 50/50 matching basis upon receipt of application and approval by the Department of Education. In the event application totals exceed the availability of such funds, approved projects shall be funded on a pro-rata basis. Extended year activities include summer school, farm/home projects, work-site development and supervision.
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.
Provided, that of the above appropriations relative to Regional Educational Service Agencies (RESAs), funds will be allocated to each RESA for SFY 1992 on the basis of oneeighteenth of the total appropriation for each Regional Development Commission Area served, subject to the provisions that each RESA has implemented the State Board of Education's policy concerning the composition of the Board of Control of each RESA, has implemented the uniform statewide needs program, and has the commitments of each anticipated member system to contribute at least the same equivalent amount during SFY 1992 that it contributed during SFY 1991.
It is intended that the electronic student information system is a component of the statewide comprehensive electronic information network required by Section 20-2-320 of the Quality Basic Education Act and funds appropriated for the student information system and the electronic information network are considered to be for the same purpose.
Local county school systems that have complied with the advance incentive funding program shall have priority in future appropriations by the General Assembly for school building construction in the advance incentive funding program.
Provided, that of the above appropriation relative to Staff Development/Professional Development, $100,000 is designated and committed for the purpose of School Board Training.
Provided, that of the funds appropriated for staff and professional development, $500,000 is designated and committed to train teachers in the high school (9-12) and middle grades (6-8) in methods of teaching responsible sex education.
Provided, however, that the portion of the Governor's Scholarship Program that is intended for salutatorians, valedictorians, and STAR students must be only for students from accredited public high schools.
Section 56. Provisions Relative to Section 19, Employees Retirement System. The Employees Retirement System is authorized to increase the employer contribution rate by nine one-hundredths of one percent of salaries to fund the following:
1.) A one and one-half percent cost-of-living increase effective July 1, 1991. 2.) A one and one-half percent cost-of-living increase effective January 1, 1992.
Section 57. Provisions Relative to Section 20, Forestry Commission. It is the intent of the General Assembly that the Forestry Commission close the Morgan Nursery and reduce production at the Page/Walker Nursery.
Section 58. Provisions Relative to Section 23, Department of Human Resources. The Department of Human Resources is authorized to calculate all Aid to Families with Dependent Children benefit payments utilizing a factor of 66.0% of the standards of need; such AFDC payments shall be made from the date of certification and not from the date of application; and the following maximum benefits and maximum standards of need shall apply:

FRIDAY, MARCH 15, 1991

2607

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

It is the intent of this General Assembly to maintain, as a minimum, the same level of direct treatment staff in the extended care and forensic programs of each MH-MR-SA institution for fiscal year 1992 that was authorized in fiscal year 1987.
Provided, that of the above appropriations relative to the treatment of Hemophilia and its complications, these funds may be used directly or indirectly via the purchase of insurance, whichever is less, to treat this disease.
The Department is authorized to utilize troubled children's benefits to expand community placements in order to secure additional federal Medicaid funding.
It is the intent of this General Assembly that expansion funds for the PEACH program be distributed to designated counties on a need basis, not to exceed $50,000 in State Funds per county.
It is the intent of this General Assembly that federal funds be utilized to expand selected programs to the extent that federal funds become available on a continuing basis. The Department is authorized to expend funds on the following programs in Fiscal Year 1992 by amendment to the Department's annual operating budget as approved by the Office of Planning and Budget:
Early intervention programs for children and youth who are at risk of becoming physically or emotionally handicapped, becoming involved in the illegal use of drugs and juvenile offenses or of becoming pregnant.
Continuum for Juvenile Offenders. Community Mental Health Services for Children and Adolescents. Child Protective and Placement Services. Institutional Foster Care Rates - To increase the percent of cost reimbursed to
providers for children placed by the department.
Child day care as provided by the federal Child Care Bill.
Provided, that Central State Hospital is authorized to expend $200,000 of the existing appropriation for the purchase of Clozapine tablets to be used in the treatment of schizophrenic clients.
Provided that, in the event funding from the Ryan White Comprehensive AIDS Resource Emergency (Care) Act of 1990 is not appropriated at the level applied for, the Department of Human Resources is authorized and directed to contract with the Visiting Nurse Association, Grady AIDS Clinic, and AID Atlanta for a period of nine months rather than twelve months.
Provided, it is the intent of this General Assembly that the Department of Human Resources is authorized to allow eligible individuals with mental retardation to be served in the least restrictive community setting possible in lieu of a state mental retardation hospital and that existing funds appropriated herein for mental retardation hospitals be utilized in serving any mental retardation client who is moved from a state mental retardation hospital to a community setting.

Section 59. Provisions Relative to Section 25, Department of Insurance. It is the intent of this General Assembly that the Department is authorized to add five positions.

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It is the intent of this General Assembly that the Office of Planning and Budget and the Commissioner of Insurance shall devise a plan and schedule for the implementation of Code 33, Chapter 45. This Plan shall include, but not be limited to, the development of utilization review standards, rules and regulations, fee schedule, and staffing levels. Upon completion of the Plan any remaining funds from the $100,000 herein appropriated may be used by the Department of Insurance to implement the Plan.
Section 60. Provisions Relative to Section 28, Department of Medical Assistance. There is hereby appropriated to the Department of Medical Assistance a specific sum of money equal to all the moneys contributed to the Indigent Care Trust Fund created pursuant to Article 6 of Chapter 8 of Title 31. The sum of money is appropriated for all of those purposes for which such moneys may be appropriated pursuant to Article 6, and may be used to match federal funds which are available for such purposes.
Nothing contained in this Act shall be construed so as to prevent the Department of Medical Assistance from reimbursing for community services provided to the mentally retarded eligible for Medicaid.
The Department of Medical Assistance is authorized to use existing funds to prepare for the implementation of a limited full-denture program.
Section 61. Provisions Relative to Section 29, Merit System of Personnel Administration. The Department is authorized to assess no more than $156.95 per merit system budgeted position for the cost of departmental operations.
It is the intent of this General Assembly that the employer contribution rate for health insurance for State Fiscal Year 1992 shall not exceed ten and seven-tenths percent (10.70%).
It is the intent of the General Assembly that salary increases be permitted solely on the basis of meritorious performance. Subject to the approval of the Office of Planning and Budget, agencies may transfer up to one-half percent from other common object classes to personal services for the purpose of awarding merit increases. By May 1, 1991, agency heads must report to the Office of Planning and Budget the criteria to be used by the Department in awarding merit increases. Merit increases may not exceed one step. Merit increases should be equitably distributed to employees in all pay grades. By January 1, 1992, agency heads must report to the Governor and the General Assembly the number and percentage of eligible employees, by pay grade, who have been awarded merit increases in the first half of the fiscal year. The Office of Planning and Budget is authorized to enter into a contract with a nationally recognized personnel consulting firm to prepare a comprehensive merit pay proposal for state employees.
Section 62. Provisions Relative to Section 30, Department of Natural Resources. No land shall be purchased for State park purposes from funds appropriated in Section 30 (Department of Natural Resources) or from any other funds without the approval of the State Properties Commission, except for land specifically provided for in Section 30.
From the appropriation in Section 30 (Department of Natural Resources) relative to Environmental Facilities Grants, $1,000,000 shall be available for allotment to counties and municipalities for emergency-type water and sewer projects, and all other grants to local governments for water and sewer projects shall utilize a maximum State match of 50% of the total cost of each project. No allocation of funds for this purpose shall be made prior to the official approval thereof by the Board of Natural Resources.
Provided that of the funds appropriated herein for Historic Preservation Grants, distribution thereof shall be pro rata among those Regional Planning Commissions which employ Preservation Planners as of July, 1990.
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 50 percent of the excess receipts to supplant State funds and 50 percent 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.

FRIDAY, MARCH 15, 1991

2609

Section 63. Provisions Relative to Section 34, Board of Regents, Univer sity System of Georgia. The Board of Regents is authorized to transfer other object class surpluses to Personal Services for the sole purpose of establishing health benefit reserves in amounts not to exceed twenty per cent of total benefit payments for the fiscal year to which this appropriations act applies. Such transfers shall not require approval of either the Office of Planning and Budget or the Fiscal Affairs Subcommittees.
The Board of Regents is authorized to continue development of quality - added programs and to provide initial support for the development (as approved by the Board of Regents) of regional universities.
Section 64. Provisions Relative to Section 40, Department of Technical and Adult Education. None of the State funds appropriated in Section 40 may be used for the purpose of planning, designing, constructing, or renovating an area vocationaltechnical school unless said school agrees to be governed by the State Board of Technical and Adult Education.
Provided, that of the funds appropriated for the Quick Start Program, $50,000 is designated and committed to compensate Southeastern Paper Company for prior year projects.
Section 65. Provisions Relative to Section 41, Department of Transpor tation. 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 41 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 departmentowned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment.
g.) State funds for any airport development project shall not exceed local funds for such project, except for airports owned by the State of Georgia.
h.) Income derived from the sale of intermodal aircraft may be retained to finance the expansion of the state aircraft facility at Charlie Brown Airport, provided further, income derived from leasing department owned aircraft facilities may be retained for use in the department's aviation program.
i.) The Department is authorized to amend its Travel Line Item with Agency Funds and other income as needed to accomplish its Transportation program responsibilities.
In order to aid the Department in the discharge of its powers and duties pursuant to Section 32-2-2 of the Official Code of Georgia Annotated, and in compliance with Section 32-2-41 (b)(l), O.C.G.A., the Department is authorized to transfer position counts between budget functions provided that the Department's total position count shall not exceed the maximum number of annual positions assigned by law.

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It is the further intent of this General Assembly that of the $495,000,000 of motor fuel tax appropriated in this act, $38,641,836 is designated and committed for the Local Assistance Road Program.
Section 66. In addition to all other appropriations for the State fiscal year ending June 30, 1992, 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; there is hereby appropriated $9,320,000 for the purpose of providing operating funds for the State physical health laboratories ($120,000 Budget Unit "A") and for State mental health/mental retardation institutions ($9,200,000 Budget Unit "B") 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 anticipated departmental annual remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections.
Section 67. Each State agency utilizing xerographic reproducing equipment shall maintain a log for each unit of equipment indicating the date, number of copies and such other data determined to be appropriate to control the utilization of such equipment. Each State agency shall also implement procedures to control usage of long distance, GIST and credit card telephone calls, in order to mitigate the State's cost therefor.
Section 68. Each and every agency, board, commission, and authority receiving appropriations in this Act shall procure and utilize only the most economical and cost effective motor vehicles suitable for the purpose and shall develop and enforce stringent regulations relating to the use of motor vehicles owned, leased, or rented by the State, including provisions that employees authorized to utilize State vehicles for commuting to and from work shall not use State vehicles except for official State business. Except as otherwise specifically authorized by this body, utilization of State motor vehicles for commuting to and from work should only be authorized in rare and unusual circumstances requiring frequent and regular use of such State vehicles in official State business under conditions precluding obtaining a State vehicle from a State facility in a normal manner.
The State Auditor shall make the utilization of motor vehicles, xerographic equipment and telephonic equipment a matter of special interest in future audits to insure strict compliance with the intent of this General Assembly.
Section 69. 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 noncomplaince 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

FRIDAY, MARCH 15, 1991

2611

as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees.
Section 70. 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 71. 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 72. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.
Section 73. No State funds in this appropriation shall be paid to or on behalf of Georgia Indigent Legal Services or its affiliates, nor shall any State facilities be made available for their use, including but not limited to the Georgia Interactive Statewide Telecommunications Network either directly or indirectly.
Section 74. In accordance with the requirements of Article IX, Section VI, Paragraph la of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.
Section 75. (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 1991 Regular Session, except as otherwise specified in this Act; 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.

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(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 76. 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 77. 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 78. Provisions Relative to Section 44 State of Georgia General Obligation Debt Sinking Fund. With regard to the appropriation in Section 44 for "State of Georgia General Obligation Debt Sinking Fund (New)," the maximum maturities, user agencies and user authorities, purposes, maximum principal amounts and appropriations of highest annual debt service requirements of the new debt are specified as follows:
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $70,000 is specifically appropriated for the purpose of financing facilities for the Department of Corrections, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $30,000 is specifically appropriated for the purpose of financing facilities for the Department of Corrections, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and 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 forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $490,000 is specifically appropriated for the purpose of financing facilities for the Department of Corrections, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and 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 sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $1,102,500 is specifically appropriated for the purpose of financing facilities for the Department of Corrections, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and 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 sixty months.

FRIDAY, MARCH 15, 1991

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Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $183,750 is specifically appropriated for the purpose of financing facilities for the Department of Corrections, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $750,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $7,429,800 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 $74,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $977,500 is specifically appropriated for the State Board of Education for the purpose of financing certain public library facilities for county and independent school systems, counties, municipalities, and boards of trustees of public library systems, through the issuance of not more than $9,775,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $100,000 is specifically appropriated for the purpose of financing facilities for the Georgia Public Safety Training Center, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and 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 forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $5,897,150 is specifically appropriated for the purpose of financing facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $24,070,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $882,000 is specifically appropriated for the purpose of financing facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $416,500 is specifically appropriated for the purpose of financing facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $252,500 is specifically appropriated for the purpose of financing facilities for the Department of Transportation, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property,

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buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,525,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $3,400,000 is specifically appropriated for the purpose of financing facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $34,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $2,400,000 is specifically appropriated for the purpose of financing facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, and
improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $24,000,000 in principal amount of General Obligation Debt, the instruments
of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General
Obligation Debt Sinking Fund (New), $350,000 is specifically appropriated for the purpose
of financing facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and per-
sonal, necessary or useful in connection therewith, through the issuance of not more than $3,500,000 in principal amount of General Obligation Debt, the instruments of which shall
have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General
Obligation Debt Sinking Fund (New), $125,000 is specifically appropriated for the purpose
of financing facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and per-
sonal, 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 forty months. Provided that from the above appropriated amount for the State of Georgia General
Obligation Debt Sinking Fund (New), $450,000 is specifically appropriated for the purpose
of financing facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and 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 forty months. Provided that from the above appropriated amount for the State of Georgia General
Obligation Debt Sinking Fund (New), $183,750 is specifically appropriated for the purpose
of financing facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and per-
sonal, necessary or useful in connection therewith, through the issuance of not more than $750,000 in principal amount of General Obligation Debt, the instruments of which shall
have maturities not in excess of sixty months. Provided that from the above appropriated amount for the State of Georgia General
Obligation Debt Sinking Fund (New), $64,000 is specifically appropriated for the purpose
of financing facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, and improve-
ment of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than

FRIDAY, MARCH 15, 1991

2615

$640,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $55,000 is specifically appropriated for the purpose
of financing facilities for the Department of Defense, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, build-
ings, structures, equipment and 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 forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $50,000 is specifically appropriated for the purpose of financing facilities for the Department of Corrections, by means of the acquisition, con-
struction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and 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 forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $245,000 is specifically appropriated for the purpose
of financing facilities for the Department of Corrections, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and 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 sixty months.
Provided that from the above appropriated amount for the State of Georgia General
Obligation Debt Sinking Fund (New), $900,000 is specifically appropriated for the purpose of financing facilities for the Georgia Bureau of Investigation, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property,
buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,670,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in
excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $190,000 is specifically appropriated for the purpose of financing facilities for the Board of Regents of the University System of Georgia, by
means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and per-
sonal, necessary or useful in connection therewith, through the issuance of not more than $1,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.

Section 79. Delayed Hiring Factor by Department.

Dept. of Corrections "A"

$ 21,061,881

Section 80. TOTAL STATE FUND APPROPRIATIONS
State Fiscal Year 1992..........................................................................$

7,955,482,500

Section 81. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 82. All laws and parts of laws in conflict with this Act are repealed.

Representative Walker of the 115th moved that the House adopt the report of the Committee of Conference on HB 285.
On the motion, the roll call was ordered and the vote was as follows:

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JOURNAL OF THE HOUSE,

Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett,M Y Bates YBeatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck
Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Chafm Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark,H

Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings,M
Davis.G N Davis.M Y Dixon,H Y Diion,S Y Dobbs Y Dover Y Dunn
Y Edwards Y EUiott Y Felton Y Fennel Y FloydJ.M Y FloydJ.W YFlynt YGodbee Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris,B Y Harris,J Y Heard Y Henson

Y Herbert Y Hightower Y Holland
Y Holmes Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones
Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D
Y Lane,R Y Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey Y McKinney,B Y McKinney.C Y Meadows Y Merritt YMilam Y Mills

On the motion, the ayes were 173, nays 3. The motion prevailed.

Y Mobley Y Moody N Morsberger Y Moultrie N Mueller Y Oliver.C Y Oliver,M YOrr YOrrock
Y Padgett Y Parham Y Parrish Y Patten
Y Pelote Y Perry
Y Pettit Y Pinholster Y Pinkston YPoag Y Porter YPoston Y Powell,A Y Powell,C Y Purcell Y Randall
YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L

Y Smith.P Y Smith.T Y Smith,W Y Smyre YSnow Y Stancil,F Y Stancil.S Y Stanley Y Stephens Y Streat Y Taylor Y Teper
Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan
Walker,J Y Walker,L Y Wall Y Ware Y Watson
Y Watts Y White
Y Wilder Y Williams.B Y Williams,J Y Williams.R Y Yeargin
Murphy.Spkr

The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:

HR 542. By Representatives Canty of the 38th, Baker of the 51st, Brooks of the 34th, Williams of the 54th, McKinney of the 35th and others:
A resolution commending Mrs. Erie Beavers Hightower and inviting her to appear before the House of Representatives.

The following Resolutions of the House were read and adopted:

HR 585. By Representatives Hamilton of the 124th and Dixon of the 128th: A resolution commending the Georgia Council on Aging.

HR 586. By Representatives Teper of the 46th and Murphy of the 18th:
A resolution congratulating Mr. and Mrs. Philmore Teper on the occasion of their forty-fifth wedding anniversary.

HR 587. By Representative Birdsong of the 104th: A resolution commending and recognizing Dr. Cyler D. Garner.

HR 588. By Representative Wall of the 61st:
A resolution commending Honorable Ben Jessup, Doorkeeper, and the Assistant Doorkeepers of the House of Representatives.

FRIDAY, MARCH 15, 1991

2617

HR 589. By Representatives Colwell of the 4th, Twiggs of the 4th, Dobbs of the 74th, Sherrill of the 47th, Walker of the 113th and others:
A resolution commending Naomi and Wynonna Judd.

HR 590. By Representative Smith of the 78th: A resolution commending Pat and Ernest Biles.

HR 591. By Representatives Buckner of the 72nd, Chafin of the 72nd, Benefield of the 72nd, King of the 72nd and Lee of the 72nd:
A resolution expressing regret at the passing of James Austin Jackson.

HR 592. By Representatives Williams of the 48th, Heard of the 43rd, Lawrence of the 49th, Stancil of the 8th, Mueller of the 126th and others: A resolution commending Johnny Martinez.
HR 593. By Representatives Colwell of the 4th, Twiggs of the 4th, Dobbs of the 74th, Sherrill of the 47th, Walker of the 113th and others: A resolution commending Mr. Jack Greene.

HR 594. By Representative Cummings of the 17th: A resolution commending Mrs. Betty Ann Griffin.

HR 595. By Representatives Ware of the 77th, Dunn of the 73rd, Groover of the 99th, Lee of the 72nd, Buck of the 95th and others:
A resolution commending Life Insurance Company of Georgia for 100 years of service in the State of Georgia.

HR 596. By Representative Hamilton of the 124th: A resolution commending and recognizing the University System of Georgia.

HR 599. By Representative Hamilton of the 124th: A resolution commending and recognizing the Office of Planning and Budget and the Department of Audits and Accounts.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker: The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House:

HB 730. By Representatives Selman of the 32nd, Abernathy of the 39th, Lane of the 27th, Felton of the 22nd, Campbell of the 23rd and others:
A bill to provide that each resident of the Fulton County School District who is 65 years of age or over or permanently disabled and whose gross income from all sources, including the gross income of the resident's spouse and all persons residing within the homestead, does not exceed $30,000.00 per annum shall be granted an exemption from all Fulton County School District ad valorem taxes for educational purposes on the full value of such person's homestead owned and occupied by such person as a residence.

2618

JOURNAL OF THE HOUSE,

The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House:

HB 1022.

By Representative Ware of the 77th:
A bill to amend an Act establishing an independent school system for the City of Hogansville, so as to revise provisions relating to ad valorem school taxes.

The Senate adheres to its disagreement to the House amendment to the Senate substitute and has appointed a Committee of Conference to confer with a like committee on
the part of the House on the following Bill of the House:

HB 886. By Representatives Watts of the 41st, Parham of the 105th and Watson of the 114th:
A bill 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 require vehicles used to transport certain substances to be marked in a certain way.

The President has appointed on the part of the Senate the following: Senators Garner of the 30th, Hill of the 4th and English of the 21st.

The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House:

HB 210. By Representative Pettit of the 19th:
A bill to amend Code Section 50-25-6 of the Official Code of Georgia Annotated, relating to sales of files of public information by the GeorgiaNet Authority, so as to provide that the authority shall be authorized to receive data in electronic format from the public for the purpose of transmitting such data to the various departments, agencies, and institutions of the state.

The President has appointed on the part of the Senate the following: Senators Starr of the 44th, Dawkins of the 45th and Robinson of the 16th.

Representative Lane of the 27th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 223 Do Pass, as Amended
Respectfully submitted, /s/ Lane of the 27th
Chairman

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

FRIDAY, MARCH 15, 1991

2619

HB 1022.

By Representative Ware of the 77th:
A bill to amend an Act establishing an independent school system for the City of Hogansville, so as to revise provisions relating to ad valorem school taxes.

The following Senate amendment was read:

Amend HB 1022 by striking from line 20 of page 1 the number "1991" and inserting in lieu thereof the number "1990".

Representative Ware of the 77th moved that the House agree to the Senate amendment to HB 1022.
On the motion the ayes were 110, nays 0.
The motion prevailed.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker: The Senate has disagreed to the House substitute to the following Bill of the Senate:

SB 172. By Senator Ramsey of the 54th:
A bill to amend Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, so as to change the educational requirements for appointment to the Uniform Division; to change the composition of the State Patrol Disciplinary Board.

The Senate insists on its amendment to the following Bill of the House:

HB 140. By Representative Watson of the 114th:
A bill to amend Article 4 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to halls of fame, so as to create the Georgia Aviation Hall of Fame Overview Committee as a joint committee of the General Assembly.

The following Resolution of the House was read and adopted:

HR 600. By Representatives Chambless of the 133rd, Cummings of the 134th, White of the 132nd and Balkcom of the 140th:
A resolution commending the Westover High School girls' basketball team.

The Speaker announced the House in recess until 1:30 o'clock this afternoon.

2620

JOURNAL OF THE HOUSE,

AFTERNOON SESSION

The Speaker called the House to order.
The following Resolutions of the House were read and adopted:
HR 601. By Representatives Cummings of the 17th, Murphy of the 18th, Connell of the 87th, Groover of the 99th, Lee of the 72nd and others: A resolution expressing condolences at the loss of Chief Warrant Officer Gary Godfrey as a casualty of Operation Desert Storm.
HR 602. By Representatives Bordeaux of the 122nd, Merritt of the 123rd, Pelote of the 127th, Kingston of the 125th, Hamilton of the 124th and others: A resolution commending and congratulating Bull Street Baptist Church on its one-hundreth anniversary.
HR 603. By Representatives White of the 132nd, Chambless of the 133rd and Cummings of the 134th: A resolution commending Pertha Robinson, Jr.
HR 604. By Representatives White of the 132nd, Chambless of the 133rd and Cummings of the 134th: A resolution commending Coach Charlie Givens.
HR 605. By Representative Holland of the 136th: A resolution commending Mary Lou Wynn.
HR 606. By Representative Holland of the 136th: A resolution expressing regret upon the death of Carl R. Light.
HR 607. By Representative Holland of the 136th: A resolution commending Herbert Russell "Bussey" Coker upon his retirement.
HR 608. By Representative Holland of the 136th: A resolution expressing regret upon the death of Byron Elliott.
HR 609. By Representatives Holland of the 136th and Poston of the 2nd: A resolution commending the 1991 Leadership Georgia program and its participants.
HR 610. By Representative Holland of the 136th: A resolution expressing regret upon the death of James Owen Austin.
The following Bill and Resolution of the House were taken up for the purpose of considering the Senate amendments thereto:

FRIDAY, MARCH 15, 1991

2621

HB 772. By Representative Herbert of the 76th:
A bill to amend Chapter 38 of Title 43 of the Official Code of Georgia Annotated, relating to operators of private detective and private security businesses, so as to revise provisions for the issuance of licenses generally; to revise qualifications for a license.

The following Senate amendment was read:

Amend HB 772 by striking line 20 of page 4 and inserting in lieu thereof the following:
"decisions of transactions, including bat net limited te and".

Representative Herbert of the 76th moved that the House agree to the Senate amendment to HB 772.
On the motion the ayes were 91, nays 1.
The motion prevailed.

HR 352. By Representative Meadows of the 91st:
A resolution authorizing the State Properties Commission to negotiate and execute a long-term lease of a certain tract of state owned real property located in the Warm Springs area and containing the historic hydrotherapy pool complex.

The following Senate amendment was read:

Amend HR 352 by striking from line 11 on page 3 the figure "25" and inserting in lieu thereof the figure "45".

The following amendment was read and adopted:

Representatives Meadows of the 91st and Colwell of the 4th move to amend the Senate amendment to HR 352 by striking the following:
"figure '45'",
and inserting in lieu thereof the following:
"the following: 'such number of years as may be approved by the fiscal affairs subcommittees of the Senate and House of Representatives meeting jointly as one committee; provided, however, that no such lease shall be executed without such approval by the fiscal affairs subcommittees and if any such lease is so approved, then such lease shall be for such number of".

Representative Meadows of the 91st moved that the House agree to the Senate amendment, as amended by the House, to HR 352.
On the motion the ayes were 92, nays 1.
The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

2622

JOURNAL OF THE HOUSE,

HB 605. By Representative Heard of the 43rd:
A bill to amend Code Section 8-2-3 of the Official Code of Georgia Annotated, relating to requirements for toilets, shower heads, and faucets in buildings, so as to change effective dates; to prohibit the sale of certain toilets.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 605

The Committee of Conference on HB 605 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of
Conference Substitute to HB 605 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

kl Mike Egan Senator, 40th District

/s/ Paul W. Heard, Jr. Representative, 43rd District

/s/ Jack Hill Senator, 4th District

/s/ Roy H. Watson, Jr. Representative, 114th District

/s/ Steve Henson Senator, 55th District

/s/ Keith Breedlove Representative, 60th District

A BILL
To amend Code Section 8-2-3 of the Official Code of Georgia Annotated, relating to requirements for toilets, shower heads, and faucets in buildings, so as to change effective dates; to prohibit the sale of certain toilets; 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 8-2-3 of the Official Code of Georgia Annotated, relating to requirements for toilets, shower heads, and faucets in buildings, is amended by striking subsections (b), (d), (g), and (i) of said Code section in their entirety and inserting in lieu thereof the following:
"(b) After Jaly IT 4991 April lj 1992, there shall not be initiated within this state the construction of any residential building of any type which:
(1) Employs a gravity tank-type, flushometer-valve, or flushometer-tank toilet that uses more than an average of 1.6 gallons of water per flush; provided, however, this paragraph shall not be applicable to one-piece toilets until July 1, 1992;
(2) Employs a shower head that allows a flow of more than an average of 2.5 gallons of water per minute at 60 pounds per square inch of pressure;
(3) Employs a urinal that uses more than an average of 1.0 gallon of water per flush;
(4) Employs a lavatory faucet or lavatory replacement aerator that allows a flow of more than 2.0 gallons of water per minute; or
(5) Employs a kitchen faucet or kitchen replacement aerator that allows a flow of more than 2.5 gallons of water per minute." "(d) The requirements of subsection (b) of this Code section shall apply to any residential construction initiated after My ^ 1901 April 1^ 1992, and to any commercial construction initiated after July 1, 1992, which involves the repair or renovation of or addition to any existing building when such repair or renovation of or addition to such existing building includes the replacement of toilets or showers or both."

FRIDAY, MARCH 15, 1991

2623

"(g) This Code section shall not apply to any construction of a residential building the contract for which was entered into prior to iMy lj 1991 April lj 1992. and shall not apply to any construction of a commercial building the contract for which was entered into prior to July 1, 1992."
"(i) Before &Ay 1; 1991 April l^ 1992, a city, county, or authority shall adopt and enforce the provisions of this Code section in order to be eligible to receive any of the following grants, loans, or permits:
(1) A water or waste-water facilities grant administered by the Department of Natural Resources or the Department of Community Affairs; or
(2) A water or waste-water facilities loan administered by the Georgia Environmental Facilities Authority."
Section 2. Said Code section is further amended by redesignating subsection (j) as subsection (k) and inserting a new subsection (j) to read as follows:
"(j) For purposes of this part, after iJaly April 1, 1992, the sale of a gravity tanktype, flushometer-valve, or flushometer-tank toilet that uses more than an average of 1.6 gallons of water per flush shall be prohibited."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Heard of the 43rd moved that the House adopt the report of the Committee of Conference on HB 605.
On the motion, the ayes were 102, nays 0.
The motion prevailed.

Under the general order of business, established by the Committee on Rules, the following Resolution of the Senate was taken up for consideration and read the third time:

SR 166. By Senators Tate of the 38th, Scott of the 36th, Walker of the 22nd and others:
A resolution creating the Urban Policy Study Commission.

The following Committee substitute was read and adopted:

A RESOLUTION
Creating the Urban Policy Study Commission; and for other purposes.
WHEREAS, Georgia's urban areas are the center of our culture and the powerful engines of our economic growth; and
WHEREAS, our urban areas have become home to more than three out of four of our citizens; and
WHEREAS, the continued viability of Georgia is dependent on a positive environment, both fiscal and physical, which supports and encourages business, industry, growth, and development; and
WHEREAS, urban areas must provide the nucleus to foster the building and maintenance of a work force prepared to fill the jobs of today and tomorrow; and
WHEREAS, urban areas, in conjunction with the state, must make it possible to bring workers and raw materials together in manufacturing and see that finished products are swiftly, safely, and economically transported; and
WHEREAS, urban areas must work with public and private business and industry in providing housing and basic services so that all citizens live in decent, safe neighborhoods; and

2624

JOURNAL OF THE HOUSE,

WHEREAS, urban areas must work with all areas of the state in assuming responsibility for protecting the health of all citizens with a goal to ensure the availability and accessibility of basic health care systems; and
WHEREAS, the state must afford all citizens, including those in urban areas, opportunities to improve the quality of their lives and realize their full potential; and
WHEREAS, these are broad responsibilities and helping the urban and surrounding areas meet these goals calls for a state urban policy that includes elements that address the needs of the following areas: education; employment; children and youth; the elderly; health care and cost containment; crime; civil and human rights; homelessness and housing; community development; economic development; infrastructure encompassing aviation, urban mobility, roads and bridges, public transportation, and railroads; and energy and the environment encompassing clean air, water, waste management, hazardous waste, and city health.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Urban Policy Study Commission. The commission shall be composed of ten members appointed as follows: two members of the Senate appointed by the President of the Senate, two members of the House of Representatives appointed by the Speaker of the House of Representatives, three officials of county government recommended by the board of managers of the Association County Commissioners of Georgia, and three officials of municipal government recommended by the board of directors of the Georgia Municipal Association. Such municipal government officials shall represent urban areas with populations in the following categories: 15,000-100,000; 100,000-250,000; and 250,000 or more, respectively.
BE IT FURTHER RESOLVED that the President of the Senate and the Speaker of the House of Representatives shall each appoint a cochairman.
BE IT FURTHER RESOLVED that the commission shall undertake a study of the matters described in this resolution and any other matters reasonably related to establishing a comprehensive state-wide urban policy and recommend any action or legislation which the commission deems necessary. The commission 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. Legislative members shall receive the allowance authorized for legislative members of interim committees for attending meetings of the commission. Staff for the commission shall come from permanent legislative staff, staff from the Association County Commissioners of Georgia, the Georgia Municipal Association, and the Urban Study Institute. The members of the commission shall be authorized to meet for not more than eight days in 1991 and not more than ten days in 1992, and they shall make recommendations and legislative proposals and present a final report on or before December 1, 1992, on which day the commission shall stand abolished.

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, by substitute, the ayes were 108, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

By unanimous consent, the following Bill of the Senate was taken up for consideration and read the third time:

FRIDAY, MARCH 15, 1991

2625

SB 223. By Senator Kidd of the 25th:
A bill to create a public body corporate and politic, and an instrumentality of the County of Jasper, to be known as the Jasper County Economic Development Authority; to provide a short title; to define the terms used in the Act; to provide for the purposes and powers of the authority; to provide for the issuance of its revenue bonds; to provide for the authorized contents of the authority's agreements.

The following amendment was read and adopted:

The Committee on State Planning & Community Affairs moves to amend SB 223 by adding on line 5 of page 15, between the word "bylaws" and the semicolon, the following:
"; provided, however, that the members of the authority shall not be compensated or provided allowances for their services on such authority".
By striking in their entirety lines 12 through 28 of page 15, which read as follows:
"(b) In addition to the powers enumerated in subsection (a) of this section, the authority shall have the right to acquire by the exercise of the power of eminent domain any real property which it may deem necessary for its purposes under this Act after the adoption by it of a resolution declaring that the acquisition of the real property described therein is necessary for such purposes. The authority may exercise the power of eminent domain in the manner provided in Title 22 of the O.C.G.A.; or it may exercise the power of eminent domain in the manner provided by any other applicable statutory provisions for the exercise of the power of eminent domain. Property already devoted to a public use may be acquired, except that no real property belonging to a city, county, state, or any political subdivision thereof may be acquired without the consent of such city, county, state, or other political subdivision."
By striking from line 29 of page 15 the following:
"(c)",
and inserting in lieu thereof the following:
"(b)".

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, as amended, the ayes were 103, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:
SB 283. By Senators Deal of the 49th and Scott of the 36th:
A bill to amend Article 1 of Chapter 11 of Title 15, relating to juvenile proceedings, so as to revise certain provisions concerning the imposition of restraints on the freedom of accused juveniles prior to adjudication.
The following Committee substitute was read and adopted:

2626

JOURNAL OF THE HOUSE,

A BILL
To amend Article 1 of Chapter 11 of Title 15, relating to juvenile proceedings, so as to revise certain provisions concerning the imposition of restraints on the freedom of accused juveniles prior to adjudication; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 11 of Title 15, relating to juvenile proceedings, is amended by striking Code Section 15-11-18.1, relating to permitted control or detention of an accused juvenile, in its entirety and inserting in its place a new Code Section 15-11-18.1 to read as follows:
"15-11-18.1. (a) As a matter of public policy, restraints on the freedom of accused juveniles prior to adjudication should efdy shall be imposed only when there is etea* ad convincing evidence te support this eetase of- action probable cause to believe that the accused juvenile did the act of which he is accused and there is clear and convincing evidence that the juvenile's freedom should be restrained.
(b) The imposition of interim control or detention on an accused juvenile may be considered for the purposes of:
(1) Protecting the jurisdiction and process of the court; (2) Reducing the likelihood that the juvenile may inflict serious bodily harm on others during the interim period; or (3) Protecting the accused juvenile from imminent bodily harm upon his or her request. (c) Interim control or detention should shall not be imposed on an accused juvenile: (1) To punish, treat, or rehabilitate the juvenile; (2) To allow parents to avoid their legal responsibilities; (3) To satisfy demands by a victim, the police, or the community; (4) To permit more convenient administrative access to the juvenile; or (5) To facilitate further interrogation or investigation. (d) Whenever an accused juvenile cannot be unconditionally released, conditional or supervised release that results in the least necessary interference with the liberty of the juvenile should shall be favored over more intrusive alternatives. (e) Whenever the interim curtailment of an accused juvenile's freedom is permitted under this Code section, the exercise of authority should shall reflect the following values: (1) Respect for the privacy, dignity, and individuality of the accused juvenile and his or her family; (2) Protection of the psychological and physical health of the juvenile; (3) Tolerance of the diverse values and preferences among different groups and individuals; (4) Assurance of equality of treatment by race, class, ethnicity, and sex; (5) Avoidance of regimentation and depersonalization of the juvenile; (6) Avoidance of stigmatization of the juvenile; and (7) Assurance that the juvenile has been informed of his right to consult with an attorney and that if he cannot afford an attorney, one will be provided."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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, by substitute, the ayes were 106, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

FRIDAY, MARCH 15, 1991

2627

SB 260. By Senators Deal of the 49th and Kidd of the 25th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide that all hearings involving delinquency shall be open to the public; to provide that certain other hearings shall be closed to the public; to change the provisions relating to juvenile law enforcement records and inspection thereof; to change the provisions relating to when a child may be fingerprinted or photographed and the use and retention of such fingerprints, photographs, and records related thereto.

The following Committee substitute was read and adopted:

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 that certain hearings involving delinquency may be open to the public by the judge of the juvenile court; to provide that certain other hearings shall be closed to the public; to change the provisions relating to juvenile law enforcement and court records and inspection thereof; to change the provisions relating to when a child may be fingerprinted or photographed and the use and retention of such fingerprints, photographs, and records related thereto; to change the provisions relating to sealing of records; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by striking subsection (c) of Code Section 15-11-28, relating to conduct of hearings, recordation, and exclusions from hearings, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) (1) Upon petition to the judge of the juvenile court, the judge, acting in his or her sole discretion, may open to the public any hearing which:
(A) Involves delinquency; (B) Involves a child who is over 13 years of age; and (C) Involves an offense which would be a felony if committed by an adult or involves a second or subsequent delinquent act. (2) The general public shall be excluded from hearings involving delinquency, deprivation} or unruliness2 7 Only and only the parties, their counsel, witnesses, persons accompanying a party for his assistance, and any other persons as the court finds have a proper interest in the proceeding or in the work of the court may be admitted by the court to hearings involving deprivation or unruliness. The court may temporarily exclude the child from the hearing except while allegations of his delinquency or unruly conduct are being heard."
Section 2. Said chapter is further amended by striking Code Section 15-11-59, relating to juvenile law enforcement records, and inserting in lieu thereof a new Code Section 15-11-59 to read as follows:
"15-11-59. (a) Law enforcement and court records and files concerning a child shall be kept separate from the records and files of arrests of adults.
(b) Unless a charge of delinquency is transferred for criminal prosecution under Code Section 15-11-39, or the interest of national security requires, or the court otherwise orders in the interest of the child, the records and files shall not be open to public inspection nor shall their contents be disclosed to the public^ provided that any complaint, order, petition, or incident report created on or after July l^ 1991, relating to any charge of delinquency shall be open to public inspection and disclosure to the public if the judge of the juvenile court has opened the hearing on such delinquency to the public as provided in paragraph (1) of subsection (c) of Code Section 15-11-28.
(c) With the consent of the court, inspection of the records and files which are not otherwise open to public inspection is permitted by:

2628

JOURNAL OF THE HOUSE,

(1) A juvenile court having the child before it in any proceeding; (2) The juvenile, the juvenile's parents, guardians, or guardian ad litem; 42) (3) Counsel for a party to the proceedings; 43) (4) The officers of public institutions or agencies to whom the child is committed; 44) (5) taw Local, state, and federal law enforcement officers ef ether jurisdictiens when necessary for the discharge of their official duties; 4f) (6) A court in which the child is convicted of a criminal offense, for the purpose of a presentence report or other dispositional proceeding; (7) A court appointed special advocate; 46) (8) Officials of penal institutions and other penal facilities to which the child is committed; or 4?) (9) A parole board in considering the child's parole or discharge or in exercising supervision over the child. (d) The court and law enforcement officers shall allow authorized representatives of the Department of Human Resources, the Department of Corrections, and the Council of Juvenile Court Judges to inspect and copy law enforcement and court records for the purpose of obtaining statistics on juveniles. The judge may permit authorized representatives of recognized organizations compiling statistics for proper purposes to inspect and make abstracts from such records under whatever conditions on their use and distribution the judge may deem proper and the judge may punish by contempt any violation of those conditions."
Section 3. Said chapter is further amended by striking Code Section 15-11-60, relating to when a child may be fingerprinted or photographed, and inserting in lieu thereof a new Code Section 15-11-60 to read as follows:
"15-11-60. (a) No child under 13 years of age shall be fingerprinted or photographed in the investigation of a crime except as provided in this Code section. Fingerprints and photographs of a child 13 er 44 years of age or older who is referred to the court may shall be taken and filed by law enforcement officers ad fingerprints ef- a
tew enforcement officcra in investigating the commission of th crimes ef murder, volun tary manslaughter, involuntary manslaughter, rape, robbery, armed robbery, aggravated assault, aggravated battery, burglary, and motor vehicle theft a felony.
(b) Fingerprint and photograph files of children shall be kept separate from those of adults. Copies ef- fingerprints known te be those ef- a child sfcatt be maintained e a leeai
in the interest ef- national security. (c) Fingerprint and photograph files of children may be inspected by law enforce-
ment officers when necessary for the discharge of their official duties. Other inspections may be authorized by the court in individual cases upon a showing that it is necessary in the public interest. Fingerprint and photograph files may not be disseminated beyond the State of Georgia without prior authorization of the court in which they originated.
(d) Upon application of the child, fingerprints and photographs of a child shall be removed from the file and destroyed if:
(1) A petition alleging delinquency is not filed, ef the proceedings are dismissedj
vided in Code Section 16-11-13, ef th child is adjudicated net te be a delinquent ehiW or the child is adjudicated not to be a delinquent child; or
(2) The child reaches 21 years of age and there is no record that he committed a criminal offense after reaching 46 17 years of age. (e) If latent fingerprints are found during the investigation of an offense and a law enforcement officer has probable cause to believe that they are those of a particular child, he may fingerprint the child regardless of age or offense for purposes of immediate comparison with the latent fingerprints. If the comparison is negative, the fingerprint card and other copies of the fingerprints taken shall be immediately destroyed. If the comparison is positive and the child is referred to the court, the fingerprint card and other copies of the fingerprints taken shall be delivered te the court for disposition. K

FRIDAY, MARCH 15, 1991

2629

the ehiW is et referred te the court, the fingerprints shall be immediately destroyed retained by law enforcement authorities.
(f) Without the consent of the judge, a child shall not be photographed after he is taken into custody unless the case is transferred to another court for prosecution.
(g) (1) The name or picture of any child under the jurisdiction of the court for the first time shall not be made public by any news media, upon penalty of contempt under Code Section 15-11-62, except as authorized by an order of the court.
(2) It shall be mandatory upon the judge of the juvenile court to release the name of any child who is under the jurisdiction of the court for a second or subsequent time. No person, firm, or corporation shall be guilty of any offense by making public the name or picture of any such child."
Section 4. Said chapter is further amended by striking Code Section 15-11-61, relating to sealing of records, in its entirety and inserting in lieu thereof a new Code Section 15-11-61 to read as follows:
"15-11-61. (a) OB application Upon the written request of a person who has been adjudicated delinquent or unruly or upon the written request of such person's parent or guardian or on the court's own motion, and after a hearing, the court shall order the sealing or purging of the files and records in the proceeding, including those specified in Code Sections 15-11-59 and 15-11-60 but excluding files and records relating to any designated felony act committed after July lj 1991, if the hearing on such designated felony act is opened to the public by the judge of the juvenile court under paragraph (1) of subsection (c) of Code Section 15-11-28 and excluding records and cards related to latent fingerprints where a comparison under subsection (e) of Code Section 15-11-60 is positive, if the court finds that:
(1) Two years have elapsed since the final discharge of the person; (2) Since the final discharge of the personj he has not been convicted of a felony or of a misdemeanor involving moral turpitude or adjudicated a delinquent or unruly child and no proceeding is pending against him seeking conviction or adjudication; and (3) He has been rehabilitated. (b) Reasonable notice of the hearing shall be given to: (1) The district attorney; (2) The authority granting the discharge if the final discharge was from an institution or from parole; and (3) The law enforcement officers or department having custody of the files and records if the files and records specified in Code Sections 15-11-59 and 15-11-60 are included in the application or motion. (c) Upon the entry of the order the proceeding shall be treated as if it had never occurred. All index references shall be deleted and the person, the court, the law enforcement officers, and the departments shall properly reply that no record exists with respect to the person upon inquiry in any matter. Copies of the order shall be sent to each agency or official therein named. Inspection of the sealed files and records thereafter may be permitted by an order of the court upon petition by the person who is the subject of the records and only by those persons named in the order. (d) Notwithstanding the provisions of subsection (a) of this Code section, the court shall purge the files and records of any proceeding on any petition alleging that a child is delinquent or unruly if the child is adjudicated not to be delinquent or unruly or if the petition is dismissed. (e) The judge before whom the petition alleging delinquency or unruliness is heard shall in writing inform the juvenile and his legal counsel of the provisions of this Code section."
Section 5. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

2630

JOURNAL OF THE HOUSE,

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Abemathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beatty Y Benefield Y Birdsong
Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Brown Y Brush YBuck N Buckner YByrd Y Campbell Canty Y Carrell Y Carter YChafin
Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark,H

Clark,L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B Y Cummings,M
Davis.G Y Davis.M
Dixon.H Y Dixon,S
Dobbs Y Dover
Dunn Y Edwards
Elliott Felton Y Fennel Y Floyd,J.M Y Floyd,J.W YFlynt God bee Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover Y Hamilton Hammond Hanner Y Harris,B Y Harris,J Y Heard Y Henson

Y Herbert Y Hightower
Y Holland Y Holmes
Howard Y Hudson
Irwin Y Jackson Y Jamieson Y Jenkins Y Jones
Y Kilgore King
Y Kingston Y Klein YLadd
Lane.D Y Lane,R Y Langford
Lawrence Y Lawson YLee YLong YLord
Lucas Y Lupton YMann Y Martin YMcCoy Y McKelvey Y McKinney,B Y McKinney.C Y Meadows Y Merritt YMilam Y Mills

Y Mobley Moody
Y Morsberger Y Moultrie Y Mueller
Y Oliver.C Oliver,M
YOrr YOrrock Y Padgett YParham Y Parrish
Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag
Porter NPoston Y PowellA Y Powell.C Y Purcell
Randall YRay
Reaves Redding Y Ricketson Y Royal YSelman Sherrill Y Simpson Sinkfield Y Skipper Y Smith.L

Y Smith,P Smith.T
Y Smith,W
YSmyre YSnow
SUncil.F Y Stancil.S
Stanley Y Stephens Y Streat Y Taylor YTeper Y Thomas.C Y Thomas,M Y Thomas,N
Thurmond Y Titus Y Tolbert Y Townsend
Tumquest YTwiggs
Valenti Y Vaughan Y Walker,J Y Walker,L Y Wall
Ware Y Watson Y Watts
White Y Wilder Y Williams,B
WilliamsJ Y Williams,R Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 137, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Hammond of the 20th and Stanley of the 33rd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

SR 72. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A resolution creating the Joint Study Committee on Children and Youth.

The following amendment was read and adopted:

The Committee on Rules moves to amend SR 72 by striking "10" on Line 16, page 2 and inserting "5".

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, as amended, the ayes were 104, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

FRIDAY, MARCH 15, 1991

2631

SB 197. By Senator Shumake of the 39th:
A bill 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 provide definitions; 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.

The following Committee substitute was read and withdrawn:

A BILL
To amend Code Section 43-15-2 of the Official Code of Georgia Annotated, relating to definitions with respect to the regulation and certification of professional engineers and land surveyors, so as to change the definition of the term "land surveying"; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 43-15-2 of the Official Code of Georgia Annotated, relating to definitions with respect to the regulation and certification of professional engineers and land surveyors, is amended by striking paragraph (6) in its entirety and inserting in lieu thereof a new paragraph (6) to read as follows:
"(6) 'Land surveying' means the application ef mathematics and the principles, laws, n4 techniques by which the facts ef size; shape, topography, location er relocation, ericntation, and natural d manmadc appurtenances are determined, monumcntcd er rcmonuraeatetb reported, er plotted, including subdivisions, condomiRkms; and subsurfeee measurements aad the describing ef- property fer ase legal instruments as it affects real property and property rightsr A person shaH be construed te practice er offer te practice fcmd surveying within the meaning ef this chapter whe -by verbal date*; sign; advertisement, letterhead, cards; er aay ether way represents er holds himself eat as dole Gf QU&iiiicel vO pcptorm or wtio docs perform sny 01 tiie services set out tft tins psrft graph: any service, work, or practice, the adequate performance of which requires the application of special knowledge of the principles of mathematics, the related physical and applied sciences, and the requirements of relevant law in the evaluation and location of property rights, as applied to:
(A) Measuring and locating lines, angles, elevations, natural and manmade features in the air, on the surface of the earth, in underground works, and on the beds of bodies of water, for the purpose of determining and reporting positions, topography, areas, and volumes;
(B) Establishing or reestablishing, locating or relocating, or setting or resetting of monumentation for any property, easement, or right of way boundaries, or the boundary of any estate or interest therein;
(C) The platting and layout of lands and subdivisions thereof, including alignment and grades of streets and roads, excluding thoroughfares:
(D) The platting and layout incidentally of subdivisions only, the grading, erosion control, storm drainage works, and water distribution or gravity sanitary collection sewer extensions therein, provided that the design and installation of such water distribution or gravity sanitary sewer extensions shall be subjected to the review and approval of the local government;
(E) Conducting horizontal and vertical control surveys, layout or stake-out of proposed construction, or the preparation of as built surveys which relate to property, easement, or right of way boundaries;
(F) Utilization of measurement devices or systems, such as aerial photogrammetry, geodetic positioning systems, land information systems, or similar technology for evaluation or location of property, easement, or right of way boundaries; or
(G) The preparation and perpetuation of maps, record plats, drawings, exhibits, field notes, or property descriptions representing these services."

2632

JOURNAL OF THE HOUSE,

Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Dobbs of the 74th, et al., was read and adopted:
A BILL
To amend Code Section 43-15-2 of the Official Code of Georgia Annotated, relating to definitions with respect to the regulation and certification of professional engineers and land surveyors, so as to change the definition of the term "land surveying"; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 43-15-2 of the Official Code of Georgia Annotated, relating to definitions with respect to the regulation and certification of professional engineers and land surveyors, is amended by striking paragraph (6) in its entirety and inserting in lieu thereof a new paragraph (6) to read as follows:
"(6) 'Land surveying' means the application ef mathematics and the principles, laws, and techniques by which th facts ef- stzej shape; topography, location or relocation, ericntation, and natural and manmadc appurtenances are determined, monumented ef remonumented, reported, er plotted, including subdivisions, condominiums, and subsurfeee measurements and the describing ef- property for use legal instruments as it affects real property and property rights. A petsen shall be construed te practice ef effef te practice land surveying within the meaning ef this chapter whe %y verbal claim, sign,
sole &f Quftiiti&d to pcrlonm of wno docs pcrionn &ny Or tnc services set out m till19 p&rs~ gfaphr any service, work, or practice, the adequate performance of which requires the application of special knowledge of the principles of mathematics, the related physical and applied sciences, and the requirements of relevant law in the evaluation and location of property rights, as applied to:
(A) Measuring and locating lines, angles, elevations, natural and manmade features in the air, on the surface of the earth, in underground works, and on the beds of bodies of water, for the purpose of determining and reporting positions, topography, areas, and volumes;
(B) Establishing or reestablishing, locating or relocating, or setting or resetting of monumentation for any property, easement, or right of way boundaries, or the boundary of any estate or interest therein;
(C) The platting and layout of lands and subdivisions thereof, including alignment and grades of streets and roads, excluding thoroughfares;
(D) The platting and layout, incidental to subdivisions, of grading, erosion control, storm drainage pipes and culverts, and water distribution or gravity sanitary collection sewer extensions therein, provided that the design and installation of such water distribution or gravity sanitary sewer extensions shall conform to local ordinances and regulations and shall be subjected to the review and approval of the local government or its engineer;
(E) Conducting horizontal and vertical control surveys, layout or stake-out of proposed construction, or the preparation of as built surveys which relate to property, easement, or right of way boundaries;
(F) Utilization of measurement devices or systems, such as aerial photogrammetry, geodetic positioning systems, land information systems, or similar technology for evaluation or location of property, easement, or right of way boundaries; or
(G) The preparation and perpetuation of maps, record plats, drawings, exhibits, field notes, or property descriptions representing these services."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, by substitute.

FRIDAY, MARCH 15, 1991

2633

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Abernathy Y Adams Y Aiken
Alford Y Atkins
Baker Y Balkcom Y Barfoot Y Bargeron
Barnett.B Y Barnett,M Y Bates Y Beatty Y Benefield
Y Birdsong Y Blitch
Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Y Brown Y Brush YBuck Y Buckner YByrd
Y Campbell Canty
Y Carrell Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark.H

Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B
Cummings.M
Y Davis.G Y Davis.M Y Dixon.H Y Dixon,S
Dobbs Y Dover
Dunn Y Edwards
Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt
Y Godbee Y Golden Y Goodwin
Y Green Y Greene Y Griffin
Groover Y Hamilton Y Hammond
Hanner Y Harris.B Y Harris,J
Y Heard Y Henson

Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson
Jamieson Y Jenkins Y Jones Y Kilgore YKing N Kingston Y Klein YLadd
Y Lane,D Y Lane.R Y Langford
Lawrence Y Lawson
YLee YLong
YLord Lucas
Y Lupton YMann Y Martin Y McCoy Y McKelvey Y McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills

Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M
YOrr Y Orrock Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry Y Pettit
Y Pinholster Pinkston
YPoag Porter
Y Poston Y Powell.A Y Powell.C Y Purcell Y Randall YRay
Reaves Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L

Y Smith.P Smith.T
Y Smith,W Y Smyre Y Snow
Stancil.F Y Stancil.S
Stanley Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall Ware Y Watson Y Watts White Y Wilder Y Williams,B Williams,J Y Williams,R Y Yeargin Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 150, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Stanley of the 33rd stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

Representative Elliott of the 103rd requested that on the preceding roll call his vote be recorded as "nay". He was voted "aye" by someone else.

SB 374. By Senators Perry of the 7th, Echols of the 6th and Turner of the 8th:
A bill to amend Chapter 5 of Title 27 of the Official Code of Georgia Annotated, relating to wild animals, so as to provide that it shall be lawful to hold a ferret as a pet without a license or a permit under certain conditions; to change a misspelling; to provide for an effective date.

The following Committee substitute was read and adopted:

A BILL
To amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to repeal the requirement of a nonresident salt-water fishing license; to make it unlawful to hunt bears out of season, to traffic in bears or bear parts, and to possess

2634

JOURNAL OF THE HOUSE,

or transport bears or bear parts out of season; to provide for penalties; to make it unlawful to use bait to concentrate the bear population or to lure bears; to provide for related matters; to provide that it shall be lawful to hold a ferret as a pet without a license or a permit under certain conditions; to change a misspelling; to provide for an effective date; to
repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by striking in their entireties subparagraphs (X) and (Y) of paragraph
(7) of Code Section 27-2-23 relating to licenses, permits, and stamps, which reads as follows:

"(X) Nonresident

salt-water

fishing

license

Annual

30.00

(Y) Nonresident salt-water
fishing license

Seven-day

15.00"

Section 2. Said title is further amended by adding at the end of Part 1 of Article
1 of Chapter 3 two new Code sections to read as follows: "27-3-26. (a) It shall be unlawful for any person to: (1) Hunt, take, or attempt to take a bear except during the open season for hunt-
ing and taking bears or under authority of a permit by the Department of Natural Resources to kill or take a bear;
(2) Buy, sell, barter, or exchange a bear of bear part; or (3) Possess or transport a freshly killed bear or bear part except during the open season for hunting and taking bears.
(b) Each act constituting a violation of this Code section is a separate offense. (c) Any person violating the provisions of this Code section is guilty of a misdemeanor of a high and aggravated nature and, upon conviction, may be punished by a
fine not to exceed $5,000.00 or by confinement for a term not to exceed 12 months or both. The court may order that restitution be paid to the department of not less than
$1,500.00 for each bear or bear part which is the subject of a violation of this Code section. Any equipment which is used or intended for use in a violation of this Code sec-
tion, including without limitation, motor vehicles, is declared to be contraband and is forfeited to the state in the same manner and subject to the same procedures and requirements as provided by Code Section 27-3-48. The hunting and fishing privileges
of any person convicted of violating the provisions of this Code section shall be sus-
pended for three years. 27-3-27. It is unlawful to use any type of bait to concentrate the bear population in
any area or to lure them to any location which gives or might give a hunter an unnatural advantage when hunting bear."

Section 2. Said title is further amended by striking in its entirety subsection (a) of Code Section 27-5-4, relating to wild animals licenses and permits generally, and inserting
in its place a new subsection (a) to read as follows: "(a) ft Unless otherwise provided in Code Section 27-5-5, it shall be unlawful for any
person to import, transport, transfer, sell, purchase, or possess any wild animal listed in
Code Section 27-5-5 or specified by the board by regulation without first obtaining a wild animal license from the department as provided in Code Section 27-2-23 or a wild
animal permit as provided in this Code section. Unless otherwise specified by the department, such license or permit shall be effective from April 1 through March 31 and
may contain such conditions and restrictions, including restrictions as to numbers and species of animals, as the department determines appropriate in light of the provisions

FRIDAY, MARCH 15, 1991

2635

of this chapter. An applicant for a wild animal license or permit shall have the burden of proving that any wild animals subject to such license or permit are or will be imported, transported, transferred, sold, purchased, or possessed in compliance with this chapter."
Section 3. Said chapter is further amended by striking in its entirety Code Section 27-5-5, relating to wild animals for which license or permit is required, and inserting in its place a new Code Section 27-5-5 to read as follows:
"27-5-5. A Except as provided in this Code section, a license or permit is required for all wild animals listed in this Code section, Code Section 27-5-4, or specified by regulation of the board pursuant to either Code section:
(1) Class Mammalia: (A) Order Carnivora (weasels, ferrets, cats, bears, wolves, etc.) All species z
except that a European ferret (Mustela putorius furo) may be held as a pet without a license or permit; provided, however, that the ferret is sexually neutered prior to seven months of age and is vaccinated against rabies with a vaccine approved for use on ferrets by the United States Department of Agriculture and administered in accordance with the manufacturer's recommendations; and provided, further, that the owner of a ferret held as a pet is able to provide documentation that said ferret has been neutered and vaccinated as specified in this subparagraph;
(B) Order Proboscidae (elephants) All species; (2) Class Osteichthyes (bony fish):
(A) Order Cypriniformes (Suborder Characoidei): Family Characidae (tetra, piranha):
(i) Astyanax faciatus (banded tetra); (ii) Genera Serrasalmus, Serrasalmo, Pygocentrus, Taddyella, Rooseveltiella, Pygopristis (piranhas) All species; (B) Order Cypriniformes (Suborder Cyprinoidei): Family Cyprinidae (carp, grass erap carp, orfe, etc.): (i) Ctenopharyngodon idella (grass carp); (ii) Hypophthal-michthys molitrix (silver carp); (iii) Aristichthys nobilis (bighead carp); (C) Order Siluriformes: (i) Family Clariidae (air-breathing catfishes) All species; (ii) Family Trichomyceteridae (parasitic catfishes): Genera Vandellia (candiru) and Urinophilus All species; (iii) Family Heteropneustidae (giant walking catfishes): Genus Heteropneustes All species; (D) Order Perciformes (Suborder Channoidei): Family Channidae (snakeheads): Genera Ophicephalus and Channa All species; (3) Class Chondrichthyes (cartilaginous fish): Order Rajiformes: Family Potamotrygonidae (fresh-water stingray) All species; (4) All exotic fish which are not held in aquaria or tanks, provided that, as used in this Code section, 'aquaria or tanks' means containers for holding fish from which no water is discharged, except during periodic cleaning, and which discharged water is passed through a filtering system capable of removing all fish and fish eggs and is disposed of only in a septic tank permitted by the county or in a waste-water treatment system permitted by the Environmental Protection Division of the department; (5) All other wild animals specified by regulation of the board."
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

2636

JOURNAL OF THE HOUSE,

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron
Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux
Y Bostick Y Branch
Y Breedlove Y Brooks
Brown Y Brush YBuck
Y Buckner YByrd Y Campbell
Canty Y Carrell
Y Carter YChafin Y Chambless
Y Cheeks Y Childers Y Clark,E Y Clark.H

Y Clark,L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B
Cummings,M Y Davis.G Y Davis.M Y Dixon.H Y DUon,S
Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton
Y Fennel Y Floyd,J.M Y Floyd,J.W YFlynt YGodbee Y Golden Y Goodwin Y Green Y Greene Y Griffin
Groover Y Hamilton Y Hammond Y Hanner Y Harris,B Y Harris,J Y Heard Y Henson

Y Herbert Y Hightower Y Holland
Y Holmes Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson
Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein
YLadd YLane.D YLane.R Y Langford Y Lawrence Y Lawson YLee YLong YLord
Lucas Y Lupton Y Mann Y Martin YMcCoy Y McKelvey Y McKinney,B Y McKinney.C Y Meadows Y Merritt Y Milam
Mills

Y Mobley Moody
Y Morsberger Y Moultrie
Y Mueller Y Oliver.C Y Oliver,M YOrr
Orrock
Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell YRandall
YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith,L

Y Smith,? Y Smith.T Y Smith.W Y Smyre YSnow Y Stancil,F
Stancil.S Stanley Y Stephens Streat Y Taylor Y Teper Y Thomas.C Y Thomas,M Y Thomas.N Thurmond Y Titus Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y WalkerJ Walker.L Y Wall Ware Y Watson Y Watts White Y Wilder Y Williams.B Williams,J Y Williams.R Y Yeargin Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 156, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Stanley of the 33rd stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

HR 28. By Representatives Hamilton of the 124th, Byrd of the 153rd, Holland of the 136th, Floyd of the 135th, Snow of the 1st and others:
A resolution creating the House Strategic Planning 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, the ayes were 111, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted.

The Speaker Pro Tern assumed the Chair.

HR 163. By Representatives McKinney of the 40th, Stanley of the 33rd, Canty of the 38th, Randall of the 101st, Lucas of the 102nd and others:
A resolution creating the Joint Study Committee on Minority Business Enterprise Participation in State Contracts.

FRIDAY, MARCH 15, 1991

2637

The following Committee substitute was read and adopted:

A RESOLUTION
Creating the House Study Committee on Minority Business Enterprise Participation in State Contracts; and for other purposes.
WHEREAS, to meet guidelines set by the United States Supreme Court, a state-wide study is required to document and evaluate minority business enterprise participation in state contracts and contracts of state authorities and commissions and to assist in resolving the issue of the state-wide impact of such contracts in socio-economic terms.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Study Committee on Minority Business Enterprise Participation in State Contracts to be composed of six members of the House of Representatives to be appointed by the Speaker of the House. The Speaker of the House shall designate a member of the committee as chairman of the committee. The chairman shall call all meetings of the committee. The committee is authorized to conduct a thorough study of the issues relating to participation by minority business enterprises in state contracts and contracts of state authorities and commissions.
BE IT FURTHER RESOLVED that the committee is authorized to name an advisory committee to be composed of 15 members, which shall be known as the Advisory Committee on Minority Business Enterprise, which shall assist in the study. Members of the advisory committee shall be private citizens and shall include, but not be limited to, persons who have identifiable experience and expertise in the following areas: minority business assistance, minority business participation programming, economic, purchasing, law, or other related areas. The members of the advisory committee shall not be compensated for their services and are not authorized to create expense on behalf of the state.
BE IT FURTHER RESOLVED that the committee shall oversee and monitor a study which shall evaluate minority business enterprise participation in state contracts and contracts of state authorities and commissions, shall identify concerns, if any, involving minority business enterprises, and shall evaluate the effects of such concerns. The committee is authorized to request information from the Attorney General's office, the Department of Administrative Services, the Department of Audits, and any other agency or department which may be of assistance in the conducting of the study.
BE IT FURTHER RESOLVED that the committee shall review the results of the study and shall make recommendations which the committee deems necessary or appropriate. The legislative committee may conduct meetings at such times as the committee deems advisable in carrying out its duties and accomplishing the objectives and purposes of this resolution. The legislative committee shall make application to the appropriate federal agency for a grant of any federal funds which have been appropriated and are available to assist states in conducting a state-wide contract study, as authorized by this resolution. The members of the legislative 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 of the legislative branch of government. In the event the legislative study 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 1, 1991. The committee shall stand abolished on December 1, 1991.

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, by substitute, the ayes were 102, nays 0.

2638

JOURNAL OF THE HOUSE,

The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 730. By Representatives Selman of the 32nd, Abernathy of the 39th, Lane of the 27th, Felton of the 22nd, Campbell of the 23rd and others:
A bill to provide that each resident of the Fulton County School District who is 65 years of age or over or permanently disabled and whose gross income from all sources, including the gross income of the resident's spouse and all persons residing within the homestead, does not exceed $30,000.00 per annum shall be granted an exemption from all Fulton County School District ad valorem taxes for educational purposes on the full value of such person's homestead owned and occupied by such person as a residence.

The following Senate substitute was read:

A BILL
To provide that each resident of the Fulton County School District who is 65 years of age or over or permanently disabled and whose gross income from all sources, including the gross income of the resident's spouse and all persons residing within the homestead, does not exceed $30,000.00 per annum shall be granted an exemption from all Fulton County School District ad valorem taxes for educational purposes in the amount of $54,000.00 of the assessed value of such person's homestead; to provide for practices and procedures in connection with such exemption; to provide for affidavits and forms; to provide for applicability; to provide for exceptions; to provide for related matters; to provide an effective date; to provide for a referendum; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. (a) The homestead of each resident of the Fulton County School District who is 65 years of age or over or permanently disabled and whose gross income from all sources, including the gross income of the resident's spouse and all persons residing within such homestead, does not exceed $30,000.00 per annum shall be exempted from all Fulton County School District ad valorem taxes for educational purposes in the amount of $54,000.00 of the assessed value of the homestead. The value of the homestead in excess of $54,000.00 shall remain subject to taxation. For the purposes of this section, the term "homestead" means a homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A.
(b) In order to qualify for the exemption provided for in subsection (a) of this section as being permanently disabled, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Chapter 34 of Title 43 of the O.C.G.A., relative to medical practitioners, as now or hereafter amended, certifying that in the opinion of such physician or physicians such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent.
(c) A person shall not receive the homestead exemption granted by subsection (a) of this section unless the person or person's agent files an affidavit with the tax commissioner of Fulton County giving the person's age, or if permanently disabled, the certificate or certificates required by subsection (b) of this section, and the amount of gross income which the person and the person's spouse and any other persons residing within such homestead received during the last taxable year, and such additional information relative to receiving such exemption as will enable the tax commissioner to make a determination as to

FRIDAY, MARCH 15, 1991

2639

whether such owner is entitled to such exemption. The tax commissioner shall provide affidavit forms for this purpose.
(d) Applications for the homestead exemption provided for by this section shall be processed in the same manner as other applications for homestead exemption, and the pro-
visions of law applicable to the processing of homestead exemptions, as the same now exist or may hereafter be amended, shall apply thereto. After a person has filed the proper affidavit and certificate or certificates, if disabled, as provided in subsections (b) and (c) of this section, it shall not be necessary to make application and file such affidavit and certif-
icate thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any such person, however, to notify the tax commissioner in
the event such person becomes ineligible for any reason to receive the homestead exemption granted by this section.
(e) The homestead exemption granted by this section shall be in lieu of and not in addition to any other homestead exemption applicable to Fulton County School District ad valorem taxes. The homestead exemption granted by this section shall apply to all tax-
able years beginning after December 31, 1992. (f) The homestead exemption granted by this section shall not apply to or affect any
taxes levied to retire bonded indebtedness, state taxes, county taxes for county purposes, or municipal taxes.

Section 2. 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 this Act to the electors of the Fulton
County School District for approval or rejection. The election superintendent shall conduct that election on the same date as the November, 1992, state-wide general election and shall issue the call therefor not less than 30 nor more than 45 days prior to that date. 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 that each resident of the Ful-
ton County School District who is 65 years of age or over or permanently disabled and whose gross income from all sources, including the gross income of the resident's spouse and any other persons residing within
such homestead, does not exceed $30,000.00 per annum shall be granted an exemption from all Fulton County School District ad valorem taxes for educational purposes in the amount of $54,000.00 of the assessed
value of such person's homestead?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the
votes cast on such question are for approval of the Act, then Section 1 of this Act shall become of full force and effect immediately. If Section 1 of this Act is not so approved
or if the election is not conducted as provided in this section, this Act shall not become effective and 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
superintendent's duty to certify the result thereof to the Secretary of State.

Section 3. Section 2, this section, and Section 4 of this Act shall become effective upon their approval by the Governor or upon their becoming law without such approval.

Section 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Selman of the 32nd moved that the House agree to the Senate substitute to HB 730.
On the motion the ayes were 110, nays 0.
The motion prevailed.

2640

JOURNAL OF THE HOUSE,

Representative Colwell of the 4th District, Chairman of the Committee on State Institutions & Property, submitted the following report:

Mr. Speaker:
Your Committee on State Institutions & Property has had under consideration the following Resolution of the Senate and has instructed me to report the same back to the House with the following recommendation:
SR 198 Do Pass, as Amended
Respectfully submitted, /s/ Colwell of the 4th
Chairman

The following Resolutions of the House were read and adopted:

HR 611. By Representative Thomas of the 31st:
A resolution commending and recognizing Mr. James E. Lewis, Jr., and the National Urban Coalition for Unity and Peace, Inc.

HR 612. By Representatives Thomas of the 31st and Canty of the 38th:
A resolution commending the Joseph Emerson Brown High School Jaguars football team.

Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:

SB 155. By Senators Scott of the 36th, Foster of the 50th and Kidd of the 25th:
A bill to amend Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to students and school attendance, so as to change the maximum age at which a child is required to be enrolled in a public school, private school, or home study program; to change the provisions relating to exemptions from compulsory attendance; to provide for an effective date.

The following Committee substitute was read and withdrawn:

A BILL
To amend Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to students and school attendance, so as to change the maximum age at which a child is required to be enrolled in a public school, private school, home study program, or other approved program; to change the provisions relating to exemptions from compulsory attendance; 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 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to students and school attendance, is amended by striking subsection (a) of Code Section 20-2-690.1, relating to mandatory education for children between the ages of 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 and sixteenth seventeenth

FRIDAY, MARCH 15, 1991

2641

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; or is enrolled in a technical institute, college, or university program approved for high school, including the General Educational Development (GED) program; or unless such child has completed all high school grades and has obtained a high school diploma or has obtained a General Educational Development (GED) diploma; and such child shall be responsible for enrolling in and attending a public school, a private school, or a home study progran^ a technical institute, a college, or a university that meets the requirements for a public school, a private school, or a home study progranij a technical institute, a college, or a university 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 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 2. Said article is further amended by striking Code Section 20-2-693, relating to exemptions from attendance, in its entirety and inserting in lieu thereof a new Code Section 20-2-693 to read as follows:
"20-2-693. (a) Children between their seventh and sixteenth seventeenth birthdays who are excused from attendance in public school by county or independent school system boards in accordance with general policies and regulations promulgated by the State Board of Education shall be exempt from this subpart. The state board, in promulgating its general policies and regulations, shall take into consideration sickness and other emergencies wWefe may awse t any school community specific hardships in which a student's income is essential to the livelihood of the student's family.
(b) Children between their seventh and sixteenth seventeenth birthdays who are excused from attendance at private schools or home study programs for sickness or emergencies or for other reasons substantially the same as the reasons for excused absences from attendance at public school authorized by state board policy pursuant to subsection (a) of this Code section shall be exempt from this subpart."
Section 3. This Act shall become effective on July 1, 1992, for the 1993-1994 school year.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Hamilton of the 124th, was read:

A BILL
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 school attendance, so as to change the minimum age for compulsory attendance; to provide for enrollment in alternative programs for certain students; to provide for exceptions; to prohibit social promotion of students; to encourage local systems to develop alternative programs for students unable to meet minimum requirements for advancement; to provide for reports on such programs; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to compulsory school attendance, is amended by striking subsection (a) of Code Section 20-2-690.1, relating to mandatory education for children between ages seven and 16, in its entirety 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 sixth and sixteenth birthdays shall enroll and send such child or children to a public school, a private school, or a

2642

JOURNAL OF THE HOUSE,

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 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 2. Said subpart is further amended by adding a new Code Section 20-2-690.2 to read as follows:
"20-2-690.2. (a) For purposes of this subsection, a child's age is the age of that child on September 1. Any student who is three years older than the normal student for a grade, as defined by the board of education, may be enrolled in an alternative program, provided that this age restriction shall not apply to students eligible for and receiving special education services pursuant to Code Section 20-2-152.
(b) No public school shall promote or place a child in the next grade based solely on such child's age. If such child has not met the minimum requirements for promotion to such grade, the local school system is encouraged to augment the regular instructional program with an alternative or innovative program as suggested or recommended by the Department of Education. Local school systems shall make an annual report on such alternative programs to the Department of Education."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Dover of the llth, et al. move to amend the Floor substitute to SB 155 as follows:
P. 1 line 22 change the word sixth to the word seventh.

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

N Abernathy Y Adams N Aiken
Alford Y Atkins N Baker N Balkcom Y Barfoot N Bargeron Y Barnett.B Y Barnett.M Y Bates
Y Beatty N Benefleld N Birdsong
Y Blitch N Bordeaux
N Bostick Y Branch Y Breedlove N Brooks Y Brown Y Brush YBuck Y Buckner
Byrd N Campbell Y Canty N Carrell

N Carter N Chafm N Chambless N Cheeks N Childers Y Clark.E N Clark.H N Clark.L Y Coker
Coleman Colwell Connell Y Culbreth
N Cummings,B N Cummings,M N Davis.G Y Davis.M
Y Dixon,H N Dixon,S YDobbs Y Dover N Dunn N Edwards Y Elliott N Felton N Fennel N Floyd,J.M Y Floyd,J.W
Flynt

NGodbee N Golden N Goodwin Y Green N Greenc Y Griffin Y Groover N Hamilton Y Hammond N Manner Y Harris.B Y Harris,J Y Heard N Henson
N Herbert N Hightower N Holland
N Holmes Y Howard Y Hudson N Irwin Y Jackson
Jamieson N Jenkins N Jones N Kilgore
King Y Kingston Y Klein

NLadd N Lane.D N Lane.R N Langford Y Lawrence Y Lawson NLee NLong NLord
Lucas Y Lupton YMann N Martin Y McCoy N McKelvey
McKinney.B N McKinney.C N Meadows N Merritt Y Milam Y Mills N Mobley
Y Moody N Morsberger Y Moultrie N Mueller N Oliver.C N Oliver.M YOrr

N Orrock N Padgett Y Parham
Parrish N Patten N Pelote Y Perry
Pettit Y Pinholster N Pinkston NPoag
Porter N Poston Y Powell,A Y Powell,C
N Purcell N Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman N Sherrill N Simpson
Sinkfield N Skipper
Smith,L Y Smith.P

FRIDAY, MARCH 15, 1991

2643

Y Smith.T N Smith.W NSmyre YSnow
Stancil.F Y Stancil,S Y Stanley

N Stephens
Y Streat N Taylor N Teper N Thomas.C N Thomas.M
N Thoma8,N

N Thurmond N Titus Y Tolbert Y Townsend N Turnquest Y Twiggs N Valenti

N Vaughan Y Walker,J Y Walker.L N Wall
Ware Watson N Watts

On the adoption of the amendment, the ayes were 69, nays 91. The amendment was lost.

Y White N Wilder N Williams.B
Williams,J Y Williams,R N Yeargin N Murphy,Spkr

The Floor 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, by substitute, the roll call was ordered and the vote was as follows:

Y Abernathy
N Adams Y Aiken
Alford N Atkins Y Baker Y Balkcom YBarfoot Y Bargeron N Barnett.B N Barnett.M Y Bates N Beatty Y Benefield N Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch N Breedlove Y Brooks Y Brown N Brush YBuck
Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Chafm Y Chambless
Cheeks Y Childers N Clark,E Y Clark,H

N Clark.L N Coker
Coleman Colwell Connell Y Culbreth Y Cummings,B Cunwnings.M Davis,G N Davis.M Y Dixon.H Y Dixon,S N Dobbs N Dover
Y Dunn Edwards
N Elliott Y Felton Y Fennel Y Floyd,J.M N Floyd,J.W YFlynt Y Godbee
N Golden Y Goodwin N Green
Y Greene N Griffin N Groover Y Hamilton
Y Hammond Y Manner Y Harris,B
Y Harris,J N Heard Y Henson

Y Herbert N Hightower Y Holland Y Holmes Y Howard N Hudson Y Irwin N Jackson
Jamieson Y Jenkins Y Jones Y Kilgore
King N Kingston N Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence N Lawson YLee YLong YLord
Lucas Lupton N Mann Y Martin Y McCoy Y McKelvey McKinney.B McKinney.C N Meadows Y Merritt Milam Y Mills

Y Mobley N Moody
Y Morsberger N Moultrie Y Mueller Y Oliver.C Y Oliver.M NOrr Y Orrock Y Padgett Y Parham Y Parrish N Patten Y Pelote Y Perry
Pettit N Pinholster
N Pinkston NPoag Y Porter
Y Poston N Powell,A Y Powell.C N Purcell Y Randall NRay Y Reaves N Redding N Ricketson Y Royal Y Selman
Y Sherrill Y Simpson
Sinkfield Y Skipper N Smith.L

N Smith.P N Smith.T
Smith.W Y Smyre YSnow
Stancil.F Y Stancil.S Y Stanley N Stephens N Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M N Thomas.N Y Thurmond Y Titus Y Tolbert N Townsend Y Turnquest N Twiggs Y Valenti
Y Vaughan Y Walker,J N Walker,L Y Wall
Ware Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams,J Y Williams.R Y Yeargin Y Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 109, nays 50.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

The Speaker assumed the Chair.

SB 188. By Senators Hammill of the 3rd, Hill of the 4th and Tysinger of the 41st:
A bill to amend Chapter 19 of Title 43 of the Official Code of Georgia Annotated, relating to geologists, so as to change certain provisions; to provide that the board may accept supervision by certain individuals; to change the provisions relating to certification in a specialty; to delete board approval of sources for seals.

2644

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield
Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd
Y Campbell Y Canty Y Carrell Y Carter Y Chafin Y Chambless Y Cheeks Y Childere Y Clark.E Y Clark,H

Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings,M Y Davis.G Y Davis.M
Y Dixon.H Y Dixon.S Y Dobbs Y Dover YDunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt YGodbee Y Golden Y Goodwin
Green Y Greene Y Griffin Y Groover
Hamilton Y Hammond
Hanner Y Harris,B Y Harris,J Y Heard Y Henson

Herbert Y Hightower Y Holland
Holmes Y Howard Y Hudson Ylrwin Y Jackson
Y Jamieson Y Jenkins Y Jones Y Kilgore
YKing Y Kingston Y Klein
YLadd Lane.D
Y Lane,R Y Langford Y Lawrence Y Lawson
YLee YLong YLord
Lucas Y Lupton YMann
Martin
Y McCoy Y McKelvey
McKinney.B McKinney.C
Y Meadows Y Merritt
Milam
Y Mills

Y Mobley Y Moody Y Morsberger Y Moultrie
Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry
Pettit Y Pinholster
Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell
Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfleld Y Skipper Y Smith.L

Y Smith,? Smith.T
Y Smith,W Smyre
YSnow Stancil.F
Y Stancil,S Y Stanley Y Stephens
Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y WalkerJ
Walker,L Y Wall
Ware Y Watson Y Watts
White Y Wilder Y Williams.B
Williams ,J Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 155, nays 0. The Bill, having received the requisite constitutional majority, was passed.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 361. By Representative Barnett of the 10th: A bill to create the Cumming-Forsyth County Unification Commission.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 361

The Committee of Conference on HB 361 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 361 be adopted.
Respectfully submitted,

FRIDAY, MARCH 15, 1991

2645

FOR THE SENATE:
M J. Nathan Deal Senator, 49th District
/s/ Sallie Newbill Senator, 56th District
/s/ R. Joseph Hammill Senator, 3rd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Bill Barnett Representative, 10th District
/s/ Kenneth W. Birdsong Representative, 104th District
/s/ B. E. Parham Representative, 105th District

A BILL
To create the Cumming-Forsyth County Unification Commission; to provide for a short title; to provide for definitions; to provide for the appointment of the members of said commission; to provide for the organizational meetings of said commission and for the election of a permanent chairman; to provide for the powers and duties of said commission; to provide that said commission shall be authorized to employ a staff to assist it in carrying out its powers and duties; to provide for the expenses of the said commission and for the payment of same by the governing authorities of the City of Cumming and Forsyth County; to provide that said commission shall be authorized to study all matters relating to the governments of the City of Cumming and Forsyth County and all matters relating to the establishment of a single unified county-wide government with powers and jurisdiction throughout the territorial limits of Forsyth County; to provide for the submission of the commission's findings and recommendations to the Forsyth County State Legislative Delegation; to provide for all procedures and matters connected with the foregoing; 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 "Cumming-Forsyth County Unification Commission Act" and is enacted pursuant to the authority granted by Article IX, Section III, Paragraph II(a) of the Constitution of Georgia.
Section 2. As used in this Act, the term: (1) "Cumming" or "City of Cumming" or "governing authority of the City of
Cumming" means the mayor and councilmembers of the City of Cumming. (2) "Forsyth County State Legislative Delegation" means the elected official repre-
senting House District 10 and the elected officials representing Senate Districts 49 and 56 in the General Assembly of Georgia.
(3) "Governing authority of Forsyth County" shall mean the Board of County Commissioners of Forsyth County.
(4) "Unification commission" or "commission" means the Cumming-Forsyth County Unification Commission provided for in this Act.
Section 3. (a) There is created the Cumming-Forsyth County Unification Commission, which shall consist of 15 members who shall be appointed as follows:
(1) Five members to be appointed by the County Commission of Forsyth County, all of whom shall be residents of unincorporated Forsyth County;
(2) Five members to be appointed by the City Council of Cumming, all of whom shall be residents of the City of Cumming; and
(3) Five members to be appointed by the March term of the grand jury of Forsyth County, all of whom shall be appointed without regard to their residency, provided that such members shall meet the eligibility requirements set forth in subsection (b) of this section. (b) To be eligible for appointment as a member of the unification commission, a person must be at least 21 years of age and shall have been a resident of the State of Georgia for a period of at least three years and registered as an elector to vote in Forsyth County for a period of at least two years prior to his appointment.

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JOURNAL OP THE HOUSE,

(c) If either the mayor and council of the City of Gumming or the Board of Commissioners of Forsyth County fails or refuses to appoint any or all of the members to be appointed by such body within 30 days after the approval of this Act by the Governor or its otherwise becoming law, such members shall be appointed by the grand jury of Forsyth County at its next meeting.
(d) If a vacancy should occur on said commission for any reason, the grand jury of Forsyth County shall promptly fill the same. Eight members of the commission shall constitute a quorum for the transaction of business.
Section 4. (a) The unification commission shall hold an organizational meeting within 15 days after the appointment of all members, as provided in Section 3 of this Act. The first order of business at said organizational meeting shall be the election of a permanent chairman who shall be elected by majority vote of all members of said commission.
(b) After organization and election of a permanent chairman, the unification commission shall be authorized to elect a secretary who need not be a member of the commission and such other officers from the commission as it shall deem necessary. The unification commission shall be further authorized to employ such staff and to contract with any public or private institution or body for any special studies or assistance as it shall deem necessary to assist it in studying all matters relating to the governments of the City of Cumming and Forsyth County. The unification commission shall not employ any person to assist it in making its studies who holds any public office if the holder of such public office is elected by the people.
(c) The members of the unification commission shall not receive per diem or other compensation for their services except reimbursement for actual expenses incurred by them in carrying out their duties as members of the unification commission. The staff employed by the unification commission shall be paid compensation as determined by the commission within the limits of funds available to it under the provisions of this Act. The governing authority of the City of Cumming and the governing authority of Forsyth County are authorized to expend public funds in carrying out the provisions of this Act and shall share proportionately the expense thereof, 90 percent by the county and 10 percent by the city. The treasurer or other fiscal authority of each of said governing authorities shall honor vouchers or warrants signed by the chairman of the unification commission. Said governing authorities shall appropriate such funds up to a combined maximum appropriation of $20,000.00 as may be necessary to meet the expenses of the unification commission. All public officials and employees upon request shall furnish the unification commission with all documents, books, records, data, information, and assistance necessary or appropriate in the opinion of the unification commission for it to carry out its duties.
Section 5. The General Assembly delegates its power to the unification commission, and the unification commission is authorized to study all matters relating to the governments of the City of Cumming and Forsyth County and all matters relating to the establishment of a single unified county-wide government with powers and jurisdiction throughout the territorial limits of Forsyth County.
Section 6. During the course of its studies, the unification commission shall be required to hold at least three public hearings to determine the sentiment of the citizens of the City of Cumming and Forsyth County regarding the work of the unification commission. The unification commission shall cause the date, time, and place of such hearings to be advertised in the official organ of Forsyth County at least twice during the week immediately preceding the week during which said public hearings are held. The unification commission shall be authorized to hold more than three public hearings if it determines that additional public hearings are desirable, but all public hearings shall be advertised as provided in this section.
Section 7. After conducting its study of the governments of the City of Cumming and Forsyth County, the unification commission shall prepare and submit on or before October 31, 1991, a written report of its findings, conclusions, and recommendations, specifically including whether it is in the best interests of the citizens and governments of the

FRIDAY, MARCH 15, 1991

2647

City of Gumming and Forsyth County that there be enacted by the General Assembly local legislation to create a single unified county-wide government to succeed and replace the existing governments of the City of Gumming and Forsyth County. The City of Gumming, the County of Forsyth, or both, are authorized but not required to hold a referendum pursuant to Article IX, Section III, Paragraph II(a) of the Constitution of the State of Georgia.
Section 8. All laws and parts of laws in conflict with this Act are repealed.

Representative Barnett of the 10th moved that the House adopt the report of the Committee of Conference on HB 361.
On the motion, the ayes were 110, nays 0.
The motion prevailed.

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:

SB 416. By Senators Gillis of the 20th, Dean of the 31st and Hammill of the 3rd:
A bill to amend Code Section 43-45-8 of the Official Code of Georgia Annotated, relating to the general powers and duties of the State Structural Pest Control Commission, so as to expand the licensing powers of the commission; to provide for a research fee; to provide the manner in which the research fee shall be established.

The following amendment was read:

Representative Smith of the 16th, et al. move to amend SB 416 by striking lines 1 through 8 of page 1 and inserting in their places the following:
"To amend Article 3 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated, the 'Georgia Pesticide Use and Application Act of 1976,' so as to provide for the posting of certain signs regarding the applications of pesticides and prevent the removal, alteration, or defacement of those signs and prohibit certain conspiracies related thereto, except under certain conditions; to provide for written notices to certain property owners; to amend Chapter 45 of Title 43 of the Official Code of Georgia Annotated, relating to persons engaged in structural pest control, so as to expand the licensing powers of the State Structural Pest Control Commission; to provide for a research fee and the manner in which the fee shall be established; to require certain licensees to furnish information regarding pesticides which are to be applied and to provide for advance notice of such application; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes."
By striking lines 10 through 13 of page 1 and inserting in their places the following:
"Section 1. Article 3 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated, the 'Georgia Pesticide Use and Application Act of 1976,' is amended by adding immediately following Code Section 2-7-111 a new Code section to read as follows:
'2-7-111.1. (a) Any person licensed under this article who applies a pesticide to a residential lawn or to any residential exterior landscape plant, except a person who applies such a pesticide to property upon which is located his personal or family residence or except a person who applies such a pesticide to lawn grasses or landscape plants held or produced for sale, shall, at the time of application:
(1) Post a sign not less than six inches by eight inches in size containing, in letters at least three-quarters of an inch in height, the following information:

2648

JOURNAL OF THE HOUSE,

(A) "Keep Off - Pesticide Applied"; and
(B) The name and telephone number of the person or company who applied the pesticide; and
(2) Provide in writing to the owner of the property:
(A) The common name of the pesticide or active ingredient applied; and
(B) The telephone number of the nearest poison control center.
(b) No person may remove, alter, deface, or conspire with another to remove, alter, or deface a sign prior to the end of the day on which it is posted pursuant to the provisions of subsection (a) of this Code section. The person posting such sign shall not be responsible for removing such sign, but the owner of such property may remove the sign at the end of the day of posting or any time thereafter.
(c) A sign required to be posted pursuant to subsection (a) of this Code section shall be clearly visible either:
(1) From the principal place of access to the property; or
(2) On the portion of the property where the pesticide is applied.'
Section 2. Chapter 45 of Title 43 of the Official Code of Georgia Annotated, relating to persons engaged in structural pest control, is amended by striking paragraph (4) of Code Section 43-45-8, relating to general powers of the State Structural Pest Control Commission, which reads as follows:".
By striking the quotation marks on line 25 of page 2 and inserting between lines 25 and 26 of page 2 the following:
"Section 3. Said chapter is further amended by adding immediately following Code Section 43-45-15 a new Code section to read as follows:
'43-45-15.1. (a) When a pesticide is applied by a licensee or at the time a customer enters into a contract with a licensee involving the application of a pesticide, that licensee shall provide the customer for whom the pesticide is to be applied with the following written information:
(1) The name of the licensee and the agent or employee who will apply the pesticide;
(2) The telephone number of the licensee;
(3) The common name of the pesticide or active ingredient applied; and
(4) The telephone number of the nearest poison control center.
(b) Upon the customer's request, a licensee shall provide the customer with advance notice of the date of a pesticide application.'
Section 4. Sections 1 and 3 of this Act shall become effective January 1, 1992. The remaining provisions of this Act shall become effective July 1,1991."
By striking "Section 2" on line 26 of page 2 and inserting "Section 5".

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

Abernathy N Adams
Y Aiken N Alford

Atkins N Baker
Balkcom N Barfoot

Y Bargeron Y Barnett.B
N Barnett.M N Bates

Y Beatty N Benefield
Y Birdsong Blitch

Y Bordeaux Bostick
Y Branch Y Breedlove

FRIDAY, MARCH 15, 1991

2649

N Brooks Brown
N Brush NBuck N Buckner NByrd Y Campbell N Canty N Carrell
Carter Chafin Chambless N Cheeks N Childers Clark,E Y Clark,H Y Clark.L N Coker N Coteman Y Colwell Y Connell N Culbreth N Cummings.B Cummings,M N Davis,G
Y Davis,M Y Dixon.H N Dixon,S N Dobbs N Dover NDunn Y Edwards

N Elliott Y Felton N Fennel
Floyd,J.M Y Floyd,J.W
Flynt Y Godbee N Golden Y Goodwin Y Green
Greene N Griffin N Groover
Hamilton
N Hammond Manner
Harris, B N Harris,J Y Heard N Henson Y Herbert N Hightower N Holland Y Holmes
N Howard Y Hudson Y Irwin N Jackson N Jamieson Y Jenkins N Jones
Kilgore

NKing Y Kingston N Klein NLadd Y Lane.D Y Lane,R N Langford N Lawrence
Lawson
NLee NLong
Lord Lucas Y Lupton YMann N Martin N McCoy N McKelvey McKinney.B McKinney.C N Meadows Y Merritt Milam N Mills
Mobley Y Moody Y Morsberger N Moultrie Y Mueller Y Oliver.C Y 01iver,M YOrr

N Orrock N Padgett N Parham N Parrish N Patten Y Pelote Y Perry
N Pettit N Pinholster
Pinkston YPoag N Porter N Poston N Powell,A N Powell.C N Purcell Y Randall YRay N Reaves
Redding Y Ricketson N Royal Y Selman
Y Sherrill Y Simpson
Sinkfield N Skipper
Smith.L Y Smith.P Y Smith.T N Smith.W
Smyre

N Snow Stancil.F
N Stancil,S N Stanley Y Stephens N Streat N Taylor Y Teper N Thomas.C Y Thomas.M
Thomas.N Y Thurmond Y Titus N Tolbert Y Townsend N Turnquest Y Twiggs N Valenti
Vaughan Y Walker.J
Walker.L Y Wall N Ware Y Watson Y Watts
White Y Wilder
Y Williams.B Williams,J
N Williams.R N Yeargin
Murphy.Spkr

On the adoption of the amendment, the ayes were 63, nays 80. 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, the roll call was ordered and the vote was as follows:

Abernathy Y Adams Y Aiken
Y Alford Y Atkins Y Baker
Y Balkcom Y Barfoot Y Bargeron Y Barnett,B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong N Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush
YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter
Chafin Chambless Y Cheeks

Y Childers Y Clark.E Y Clark,H Y Clark,L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B
Cummings.M
Y Davis.G Y Davis.M Y Diron,H
Y Dixon,S Y Dobbs Y Dover YDunn Y Edwards Y Elliott Y Felton Y Fennel
Floyd,J.M Y Floyd.J.W
Flynt Y Godbee Y Golden Y Goodwin Y Green
Greene Y Griffin Y Groover
Hamilton

Y Hammond Hanner
Y Harris.B Y Harris,J Y Heard Y Henson Y Herbert Y Hightower
Y Holland Y Holmes
Y Howard Y Hudson Y Irwin
Y Jackson Y Jamieson Y Jenkins Y Jones
Kitgore YKing Y Kingston Y Klein
YLadd Y Lane,D
Y Lane,R Y Langford Y Lawrence
Lawson YLee
YLong YLord
Lucas Y Lupton YMann

Y Martin Y McCoy Y McKelvey
McKinney,B McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger
Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Y Orrock Y Padgett Y Parham Y Parrish Y Patten N Pelote Y Perry Y Pettit
Y Pinholster Pinkston
NPoag Y Porter N Poston Y Powell.A Y Powell.C Y Purcell

Y Randall
NRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill
Y Simpson Sinkfield
Y Skipper
Y Smith.L N Smith.P
Y Smith.T Y Smith.W
Smyre YSnow Y Stancil.F Y Stancil,S Y Stanley Y Stephens Y Streat Y Taylor Y Teper
Y Thomas.C Y Thomas,M Y Thomas.N Y Thurmond
Y Titus Y Tolbert
Y Townsend Y Turnquest Y Twiggs

2650

JOURNAL OP THE HOUSE,

Y Valenti Y Vaughan Y Walker,J

WalkerJL Y Wall
Ware

Y Watson Y Watts
White

Y Wilder Y Williams.B
Williams,J

Y Williams,R Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 151, nays 6. The Bill, having received the requisite constitutional majority, was passed.

The following Bill of the House was taken up for the purpose of considering the Senate amendments thereto:

HB 324. By Representatives Cummings of the 134th, McKinney of the 35th, Thomas of the 55th, Brooks of the 34th, Chambless of the 133rd and others:
A bill to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to provide that it shall be unlawful for a person to knowingly sell any real or personal property in exchange for any criminally derived property.

The following Senate amendments were read:

SENATE AMENDMENT NO. 1 Amend HB 324 by striking from line 10 on page 2 the words: "or should know".

SENATE AMENDMENT NO. 2
Amend HB 324 by adding at the end of line 14 of page 2 the following:
"For the purposes of this Code section, a person knows that any monetary instrument or anything else of value is criminally derived property if such person has actual or personal knowledge that such property constitutes or was purchased with the proceeds obtained as a result of the unlawful sale, possession for distribution, transportation, manufacture, distribution, or delivery of any controlled substance, dangerous drug, or marijuana, as defined in Articles 2 and 3 of Chapter 13 of this title."

SENATE AMENDMENT NO. 3
Amend HB 324 by striking from line 10 on page 2 the following:
"or represents".
By striking in their entirety lines 22 through 25 on page 2, which reads as follows:
"guilty of a felony and shall be sentenced to a fine of not more than $20,000.00 or twice the amount involved in the sale, whichever is greater, or imprisonment for not more than ten years, or both.'",
and inserting in lieu thereof the following:
"guilty of a misdemeanor of a high and aggravated nature.'"

Representative Cummings of the 17th moved that the House disagree to the Senate amendments to HB 324.
The motion prevailed.

The following Resolutions of the House were read and adopted:

FRIDAY, MARCH 15, 1991

2651

HR 613. By Representatives Cummings of the 134th, Chambless of the 133rd and White of the 132nd:
A resolution expressing regret at the untimely death of Specialist James Worthy.

HR 614. By Representatives Cummings of the 134th, Chambless of the 133rd and White of the 132nd:
A resolution honoring Mrs. Christine Daniels Blaylock.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker: The Senate has disagreed to the House substitute to the following Bill of the Senate:

SB 71. By Senators Newbill of the 56th, Foster of the 50th and Collins of the 17th:
A bill to amend Code Section 20-2-282 of the Official Code of Georgia Annotated, relating to comprehensive evaluations of schools and systems, so as to change the functions to be evaluated; to provide for the designation of schools and school systems which exceed expectations and exempt them from evaluation for certain functions.

The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the Senate:

SB 102. By Senators Dawkins of the 45th, Taylor of the 12th, Robinson of the 16th and others:
A bill to amend Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to general matters relating to the Environmental Protection Division of the Department of Natural Resources, so as to provide for the appointment and removal of the director of such division; to create an Environmental Advisory Council; to provide for the composition of such council.

The President has appointed on the part of the Senate the following: Senators Dawkins of the 45th, Robinson of the 16th and Gillis of the 20th.

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:

SB 382. By Senator Kidd of the 25th:
A bill to amend Chapter 4 of Title 21 of the Official Code of Georgia Annotated, known as the "Recall Act of 1989," so as to change certain definitions; to change the provisions relating to grounds for recall; to change the provisions relating to legal sufficiency of an application for recall petition or a recall petition; to provide for the effect of failure to submit a recall petition or an application therefor for verification.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

2652

JOURNAL OF THE HOUSE,

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Abernathy Y Adams Y Aiken
Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron
Y Barnett,B Y Barnett,M Y Bates Y Beatty Y Benefield
Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove N Brooks Y Brown Y Brush YBuck Y Buckner
YByrd Y Campbell Y Canty Y Carrell Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.H

Y Clark,L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings.M Y Davis.G Y Davis.M Y Dixon,H Y Dkon,S YDobbs Y Dover Y Dunn Y Edwards Y Elliott Y Pelton
Fennel Floyd,J.M Y Floyd,J.W
Flynt YGodbee
Y Golden Y Goodwin Y Green
Greene Y Griffin Y Groover Y Hamilton Y Hammond
Hanner Y Harris,B Y Harris,J
Y Heard Y Henson

Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Ylrwin
Jackson
Y Jamieson Y Jenkins Y Jones Y Kilgore
YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane,R Y Langford Y Lawrence Y Lawson YLee YLong YLord
Lucas Lupton YMann Y Martin
Y McCoy Y McKelvey
McKinney.B McKinney.C Y Meadows Y Merritt YMilam
Y Mills

Y Mobley Y Moody
Morsberger Y Moultrie
Y Mueller Y Oliver.C
Oliver.M NOrr Y Orrock Y Padgett Y Parham Y Parrish
Y Patten Y Pelote Y Perry Y Pettit
Pinholster
Pinkston
YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell
Randall
YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill
Y Simpson Y Sinkfield Y Skipper Y Smith.L

Y Smith,P Smith,T
Y Smith.W
Smyre YSnow Y Stancil.F Y Stancil,S N Stanley Y Stephens Y Streat Y Taylor Y Teper
Y Thomas.C Y Thomas.M
Thomas.N Y Thurmond Y Titus Y Tolbert
Townsend Y Turnquest Y Twiggs N Valenti
Y Vaughan Y Walker,J Y Walker.L N Wall Y Ware Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams,J Y Williams.R Y Yeargin
Murphy ,Spkr

On the passage of the Bill, the ayes were 151, nays 5. The Bill, having received the requisite constitutional majority, was passed.

Representative Mueller of the 126th stated that she inadvertently voted "aye" on the preceding roll call. She wished to be recorded as voting "nay" thereon.

The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto:

SB 71. By Senators Newbill of the 56th, Foster of the 50th and Collins of the 17th:
A bill to amend Code Section 20-2-282 of the Official Code of Georgia Annotated, relating to comprehensive evaluations of schools and systems, so as to change the functions to be evaluated; to provide for the designation of schools and school systems which exceed expectations and exempt them from evaluation for certain functions.

Representative Kilgore of the 42nd moved that the House insist on its position in substituting SB 71.
The motion prevailed.

Under the general order of business, established by the Committee on Rules, the following Resolution of the Senate was taken up for consideration and read the third time:

FRIDAY, MARCH 15, 1991

2653

SR 149. By Senators Pollard of the 24th, Foster of the 50th and Edge of the 28th:
A resolution creating the Joint Study Committee on Teachers' Accumulated Sick Leave.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker
Balkcom
Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M
Y Bates Y Beatty Y Benefield
Birdsong Y Blitch Y Bordeau* Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner
YByrd Y Campbell Y Canty
Y Carrell Y Carter Y Chafin Y Chambless
Y Cheeks Y Childers
Y Clark.E Y Clark.H

Y Clark,L Y Coker
Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B
Cummings,M Davis.G Y Davis.M Diion.H Diion.S
Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton
Fennel Floyd,J.M Y Floyd,J.W Flynt YGodbee Y Golden YGoodwin Y Green Greene Y Griffin
Y Groover Y Hamilton
Y Hammond Manner
Y Harris,B Y Harris,J Y Heard Y Henson

Y Herbert Y Hightower
Y Holland Y Holmes Y Howard Y Hudson Ylrwin
Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd YLane,D Y Lane,R Y Langford Y Lawrence YLawson YLee
Long YLord
Lucas Lupton YMann Martin
YMcCoy Y McKelvey
McKinney,B
McKinney.C Meadows Y Merritt YMilam Y Mills

Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y 01iver,M YOrr
Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit
Pinholster Pinkston
YPoag Y Porter
Poston Y Powell,A
Y Powell.C Y Purcell Y Randall YRay Y Reaves
Redding Y Ricketson
Royal Y Selman Y Sherrill Y Simpson
Sinkfield Y Skipper Y Smith,L

Y Smith,P Y Smith.T Y Smith,W
Smyre YSnow
Stancil.F Y Stancil.S Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert
Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall
Ware
Y Watson Y Watts
White Y Wilder
Y Williams,B Williams,J
Y Williams,R Y Yeargin
Murphy.Spkr

On the adoption of the Resolution, the ayes were 144, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate has disagreed to the House amendment to the Senate substitute to the following Bill of the House:

HB 402. By Representative Aiken of the 21st:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for the protection and preservation of certain cemeteries and burial grounds; to repeal Code Section 36-60-6, relating to the disturbing of a burial place in land development.

2654

JOURNAL OF THE HOUSE,

The Senate has adopted, as amended, by the requisite constitutional majority the following Resolutions of the House:

HR 441. By Representatives Thomas of the 69th, Simpson of the 70th and Kilgore of the 42nd:
A resolution creating the Joint Capital Outlay Study Committee.

HR 347. By Representatives Thomas of the 69th, Chambless of the 133rd, Lee of the 72nd, Walker of the 115th and Groover of the 99th:
A resolution creating the Joint Study Committee on Fines and Forfeitures and an advisory council thereto.

Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:

SB 338. By Senator Olmstead of the 26th:
A bill to amend Chapter 39 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of the practice of psychology, so as to change the provisions prohibiting the practice without a license; to provide for exceptions; to change licensing qualifications.

The following Committee substitute was read:

A BILL
To amend Chapter 39 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of the practice of psychology, so as to change the provisions prohibiting the practice without a license; to provide for exceptions; to change licensing qualifications; to change the licensing requirements for persons licensed in other states; to provide for requiring mental and physical examinations and their admissibility; to provide for obtaining records of the mental and physical condition of applicants and licensees and record admissibility; to provide for sanctions; to change the provisions relating to temporary licenses and provide for provisional licenses and automatic repeal; to authorize the board to waive continuing education requirements under certain situations; to change the provisions relating to use of titles and certain representations; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 39 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of the practice of psychology, is amended by striking Code Section 43-39-7, relating to practicing psychology without a license, which reads as follows:
"43-39-7. If any person shall hold himself or herself out to the public as being engaged in the practice of psychology and shall not then possess in full force and virtue a valid license to practice psychology under the laws of this state, that person shall be deemed to be practicing psychology without complying with this chapter and in violation thereof. Nothing in this chapter shall be construed to limit the activities and services of a person in the employ of or serving for an established and recognized religious organization or an established and recognized social welfare agency, or the use of psychological techniques by organizations engaged in business, commerce, or industry or by persons within their salaried employ, provided that the title 'psychologist' is not used by a person not licensed and that the professional practice of psychology is not implied by a person not licensed under this chapter. Persons employed in federal, state, county,

FRIDAY, MARCH 15, 1991

2655

or municipal agencies or in chartered educational institutions or who are students in training in chartered educational institutions are exempted when practicing in their agencies or institutions, as are technicians, assistants, or interns working under the supervision of licensed psychologists.", and inserting in lieu thereof a new Code section to read as follows:
"43-39-7. A person who is not licensed under this chapter shall not use the title 'psychologist' and shall not imply that he or she practices psychology. If any person shall hold himself or herself out as being engaged in the practice of psychology and shall not then possess in full force a valid license to practice psychology under the laws of this state, this person shall be in violation of this chapter. The following are exceptions:
(1) Nothing in this chapter shall require licensure for a person who is certified as a school psychologist by the State Board of Education while that person is working as an employee in an educational institution recognized by the State Board of Examiners of Psychologists as meeting satisfactory accreditation standards, provided that no fees are charged directly to clients or through a third party;
(2) Nothing in this chapter shall require licensure for a person who holds a doctoral degree in psychology while that person is working as an employee in a research laboratory, college, or university recognized by the board as meeting satisfactory accreditation standards, provided that no fees are charged directly to clients or through a third party;
(3) Nothing in this chapter shall require licensure for a person who prior to July 1, 1993, was engaged in the practice of psychology as an employee of any agency or department of the federal government, state government, or any of their political subdivisions, but only when that person is engaged in that practice as an employee of such department or agency; and
(4) Nothing in this chapter shall be construed to limit the activities and services of a person in the employ of or serving for an established and recognized religious organization or an established and recognized social welfare agency, or the use of psychological techniques by organizations engaged in business, commerce, or industry or by persons within their salaried employ, provided that the title 'psychologist' is not used by a person not licensed and that the professional practice of psychology is not implied by a person not licensed under this chapter."
Section 2. Said chapter is further amended by striking subsection (b) of Code Section 43-39-8, relating to the qualifications for licensure as a psychologist, in its entirety and inserting in its place a new subsection to read as follows:
"(b) A candidate for such license shall furnish the board with satisfactory evidence that the candidate:
(1) Is of good moral character; (2) Has received completed the requirements of a doctoral degree from a professional training program in applied psychology, including but not limited to clinical psychology, counseling psychology, industrial or organizational psychology, or school psychology, from an accredited educational institution recognized by the board as maintaining satisfactory standards; Any ; e*eept that any person who has received a doctoral degree in a field closely allied to the field of psychology shall meet the degree requirements of this paragraph if:
(A) That degree in the closely allied field is received no later tha prior to July 1, 1991, from an educational institution recognized by the board as maintaining satisfactory standards;
(B) The training required for that degree in the closely allied field has been determined by the board to be substantially similar to that required for a doctoral degree from a professional training program in applied psychology;
tC) That person completes completed the experience required by paragraph (3) of this subsection ne kttef than prior to July 1, 1991; and
(D) That person passes the examination examinations required by paragraph (4) of this subsection ne later than prior to July 1, 1993; (3) Has had at least two years of experience in psychology of a type considered by the board to be qualifying in nature;

2656

JOURNAL OF THE HOUSE,

(4) Is competent in psychology, as shown by passing such examinations, written or oral, or both, as the board deems necessary; and
(5) Has not within the preceding six months failed an examination given by the board. i lie DOQFQ infly trt its uiscp tion ftcccpt 9&ti9i8.ctory 9\iostitutc tF&inin^ mo cxpopHJnee liett ef- that prescribed paragraphs (3) and {3) f this subacction."
Section 3. Said chapter is further amended by striking Code Section 43-39-10, relating to licensure as a psychologist based on a license in another state, and inserting in its place a new Code section to read as follows:
"43-39-10. The board may grant a license without a written examination to any person who at the time of application is licensed by a similar board of another state whose standards, in the opinion of the board, are not lower than those required by this chapter. The board may require the applicant to pass such written and oral examinations as the board may deem necessary."
Section 4. Said chapter is further amended by striking the period and adding a colon after the word "board" in subsection (si) of Code Section 43-39-13, relating to denial, revocation, or suspension of licenses, and adding immediately thereafter new paragraphs to read as follows:
"(1) In enforcing this subsection, the board may, if it has reasonable basis to believe that the psychologist is practicing while incapacitated in the performance of his or her duties by reason of substance abuse or mental or physical illness, require a licensee or applicant to submit to a mental, physical, or mental and physical examination by an appropriate licensed practitioner designated by the board. The results of such examination shall be admissible in any hearing before the board, notwithstanding any claim of privilege under a contrary rule of law or statute. If a licensee fails to submit to each examination when properly directed to do so by the board, the board may summarily suspend such license, if the public health, safety, and welfare imperatively requires such action, and thereafter enter a final order upon proper notice, hearing, and proof of such refusal; and
(2) For the purpose of this subsection, the board, if it has a reasonable basis to believe that the psychologist is incapacitated in the performance of his or her duties by reason of substance abuse or mental or physical illness, may require the psychologist to produce or give the board permission to obtain any and all records relating to the alleged incapacitating mental or physical condition of a licensee or applicant, including that individual's personal psychiatric and psychological records; and such records shall be admissible in any hearing before the board. If a licensee fails to provide such records when properly directed to do so by the board, the board may summarily suspend such license, if the public health, safety and welfare imperatively requires such action, and thereafter enter a final order upon proper notice, hearing, and proof of such refusal."
Section 5. Said chapter is further amended by striking Code Section 43-39-14, relating to temporary licenses, and inserting in its place a new Code section to read as follows:
"43-39-14. (a) The board may T-h joint secretary in his discretion may, with the approval ef- the board, issue a temporary license to an applicant for a permanent license. Such license shall have the same force and effect as a permanent license. The temporary license will bt shall expire 12 months from the date of its issuance and shall not be renewable. Upon a finding by the board that the applicant has failed either the written or oral examination, whichever eee9 first, the board shall revoke such temporary license.
(b) The board may issue a provisional license to an applicant for a permanent license. The provisional license may be granted to an individual who has passed all examinations and completed all other requirements for permanent licensure except for the postdoctoral supervised work experience requirement. Provisional licensure will expire in 24 months unless the board grants an exception, or in the event of the granting of a permanent license, whichever occurs first. The provisional license shall not be renewable. An individual who is licensed under this subsection is restricted to the stipulations of the supervised work experience requirement. Provisional licensure will be

FRIDAY, MARCH 15, 1991

2657

granted only to an individual who is in the process of completing the postdoctoral supervised work experience requirement and is subject to revocation if the board determines that the requirements of the supervised work experience are not being satisfactorily met. The revocation of a provisional license shall not be considered a contested case within the meaning of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' but a holder of a provisional license shall have a right to appear before the board. This subsection shall be automatically repealed July lj 1993."
Section 6. Said chapter is further amended by striking in its entirety Code Section 43-39-15, relating to continuing education, and inserting in lieu thereof the following:
"43-39-15. The board is authorized to establish requirements of continuing education as a condition for the renewal of licensure of psychologists; however, rules and regulations concerning accreditation of continuing education programs and other educational experience and the assignment of credit for participation therein must be promulgated by the board at least one year prior to implementation of continuing education requirements for renewal of licensure. The board shall be authorized to waive continuing education requirements in cases of hardship, disability, illness, or under such other circumstances as the board deems appropriate."
Section 7. Said chapter is further amended by striking Code Section 43-39-17, which reads as follows:
"43-39-17. No person shall use the title 'Licensed Psychologist' in this state without a license granted by the board and signed by the board president. No person not licensed as provided in this chapter shall designate that person or that person's occupation by the words 'Licensed Psychologist,' nor shall such person designate that person by any other term or title which implies that such person is practicing professional psychology unless that person has a valid license.", and inserting in its place a new Code section to read as follows:
"43-39-17. Except as provided in Code Section 43-39-7, a person shall not use the title 'psychologist' unless he or she is licensed as provided in this chapter. A person who is not licensed as provided in this chapter shall not designate his or her occupation as a psychologist and shall not designate himself or herself by any other term or title which implies that he or she is practicing psychology."
Section 8. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Childers of the 15th and Smith of the 152nd move to amend the Committee substitute to SB 338 by striking "practices psychology" and inserting "is a psychologist" on line 25 of page 2.
By striking lines 27 through 34 of page 3 and inserting in their places the following:
", provided that the title 'psychologist' is not used by a person not licensed and that the person does not imply that he or she is a psychologist.'"

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, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker
Balkcom

Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield

Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks

Y Brown Brush
Y Buck Y Buckner Y Byrd Y Campbell Y Canty

Y Carrell Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark,E

2658

JOURNAL OF THE HOUSE,

Y Clark.H Y Claik,L
Y Coker Y Coleman Y Colwell
Connell Y Culbreth
Cunnnings,B Y Cummings,M
Davis,G Y Davis.M
Dixon.H
Y Dixon,S YDobbs
Y Dover Dunn
Y Edwards Y Elliott Y Felton Y Fennel
Floyd.J.M Y Floyd,J.W YFlynt Y Godbee Y Golden Y Goodwin N Green
Greene Y Griffin

Y Groover Y Hamilton Y Hammond
Manner Y Harris.B Y Harris,J Y Heard Y Henaon Y Herbert Y Hightower Y Holland Y Holmes Y Howard
Y Hudson Y Irwin Y Jackson
Jamieson Y Jenkins
Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd YLane.D Y Lane.R Y Langford Y Lawrence Y Lawson

YLee YLong YLord
Lucas Y Lupton YMann Y Martin YMcCoy Y McKelvey
McKinney,B Y McKinney.C
Meadows
Merritt YMilam
Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y 01iver,M YOrr YOrrock Y Padgett YParham Y Parrish N Patten Y Pelote

Y Perry Y Pettit Y Pinholster
Pinkston
YPoag Y Porter YPoston
Y PowelLA Y Powell,C N Purcell Y Randall
YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith,L Y Smith,P Y Smith,T
Y Smith,W Smyre
YSnow Y Stancil.F Y Stancil.S

Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas,M Y Thomas,N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs
Valenti Y Vaughan Y Walker,J
Y Walker,L YWall
Ware Y Watson Y Watts
White Y Wilder Y Williams.B
Williams.J Williams.R N Yeargin Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 152, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

SB 202. By Senator Baldwin of the 29th:
A bill to amend Code Section 46-4-25 of the Official Code of Georgia Annotated, relating to factors to be considered by the Public Service Commission in granting certificates of public convenience and necessity, so as to provide that the commission shall also consider whether the purchase price is reasonable in light of the present value of the system to be acquired when an applicant seeks to acquire a gas pipeline or distribution system of a municipal corporation; to provide that the purchase price is the measure of value of the system to be included in the applicant's rate base for rate-making purposes subject to the depreciation thereafter allowed upon such system.

The report of the Committee, which was favorable to the passage of the Bill, was to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aberna^ay Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron N Barnett.B Y Barnett,M
Y Bates Y Beatty Y Benefield
Y Birdsong Y Blitch
Y Bordeaux Y Bostick

Y Branch
N Breedlove Y Brooks Y Brown
Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Chafm Y Chambless Y Cheeks Y Childers
Y Clark,E Y Clark.H

Y Clark.L Y Coker
Y Coleman Y Colwell
Y Connell Y Culbreth N Cummings,B Y Cummings,M
Davis,G Y Davis.M
Dixon,H Y Dixon,S Y Dobbs
Dover Dunn
Y Edwards Y Elliott Y Felton

Y Fennel Floyd,J.M
Y Floyd,J.W YFlynt
Y Godbee Y Golden
Y Goodwin Y Green
Greene Y Griffin
Y Groover Y Hamilton Y Hammond
Hanner Y Harris.B Y HarrisJ Y Heard
Henson

Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Y Irwin
Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane,D
Y Lane.R

FRIDAY, MARCH 15, 1991

2659

Y Longford Y Lawrence N Lawson
YLee YLong YLord
Lucas Y Lupton
YMann Martin
YMcCoy Y McKelvey
McKinney,B
McKinney.C Y Meadows
Y Merritt Milam
Y Mills

Y Mobley Y Moody Y Morsberger Y Moultrie
Mueller Y Oliver.C Y 01iver,M
Orr Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Pinkston

YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell Y Randall YRay Y Reaves
Redding Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith,L

Y Smith,? Y Smith.T Y Smith,W
Smyre YSnow
Stancil.F Y Stancil,S Y Stanley
Stephens Y Streat Y Taylor Y Teper Y Thomas.C
Y Thomas.M Thomas.N
Y Thurmond Y Titus
Y Tolbert

Y Townsend Y Turnquest Y Twiggs Y Valenti
Y Vaughan Y Walker,J Y Walker.L Y Wall Y Ware Y Watson Y Watts
White Y Wilder Y Williams,B
Williams,.) Y Williams,R
Y Yeargin Murphy.Spkr

On the passage of the Bill, the ayes were 149, nays 4. The Bill, having received the requisite constitutional majority, was passed.

Representative Henson of the 57th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

SB 324. By Senators Ragan of the 32nd, Thompson of the 33rd, Edge of the 28th and others:
A bill to amend Code Section 40-8-92 of the Official Code of Georgia Annotated, relating to designation of emergency vehicles and flashing or revolving lights, so as to restrict the use of flashing or revolving green lights.

The following substitute, offered by Representative Watts of the 41st, was read:

A BILL
To amend Article 1 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions concerning the registration and licensing of motor vehicles, so as to make it unlawful for any person willfully to mutilate, obliterate, deface, alter, change, or conceal the county designation on any license plate issued under the motor vehicle registration laws of this state or knowingly to operate a vehicle bearing a license plate on which any county designation has been willfully mutilated, obliterated, defaced, altered, changed, or concealed; 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 applicable to license plates for veterans awarded the Purple Heart; to change the minimum number of applications required before the special and distinctive license plate for veterans awarded the Purple Heart shall be designed and issued by the state revenue commissioner; to amend Code Section 40-8-92 of the Official Code of Georgia Annotated, relating to designation of emergency vehicles and flashing or revolving lights, so as to restrict the use of flashing or revolving green lights; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions concerning the registration and licensing of motor vehicles, is amended by striking in its entirety Code Section 40-2-6, relating to alteration of license plates, and inserting in lieu thereof a new Code Section 40-2-6 to read as follows:
"40-2-6. Any Except as otherwise provided in this chapter, any person who shall willfully mutilate, obliterate, deface, alter, change, or conceal any numeral, letter, character, county designation, or other marking of any license plate issued under the motor

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JOURNAL OF THE HOUSE,

vehicle registration laws of this state; who shall knowingly operate a vehicle hearing a license plate on which any numeral, letter, character, county designation, or other marking has been willfully mutilated, obliterated, defaced, altered, changed, or concealed; or who shall knowingly operate a vehicle bearing a license plate issued for another vehicle and not transferred as provided by law shall be guilty of a misdemeanor."
Section 2. 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, is amended by striking in its entirety subsection (b) of Code Section 40-2-84, relating to license plates for veterans awarded the Purple Heart, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) A veteran who qualifies for the special and distinctive license plate pursuant to subsection (a) of this Code section shall make application therefor with the commissioner and include the requisite fee. Said applicant may apply for and be limited to two (2) tags. The commissioner shall retain all applications received for such special and distinctive license plate until a minimum of 608 250 applications have been received. After receipt of 690 250 applications for such a distinctive license plate, the commissioner shall design a distinctive license plate as provided in subsection (c) of this Code section and issue the distinctive license plates to present and future qualifying applicants. If the commissioner does not receive the required minimum 600 250 applications no later than July 31 of the year preceding the year of issuance of such plates, the commissioner shall not accept any applications for nor issue such distinctive license plates and all fees shall be refunded to applicants. The commissioner shall promulgate such rules and regulations as may be necessary to enforce compliance with all state license laws relating to the use and operation of private passenger cars and trucks before issuing these license plates in lieu of the regular Georgia license plates. The manufacturing fee for such a special and distinctive license plate shall be $26.00 $40.00. The commissioner is specifically authorized to promulgate all rules and regulations necessary to ensure compliance in instances where such vehicles have been transferred or sold. Except as provided in subsection (d) of this Code section, such plates shall be nontransferable."
Section 3. Code Section 40-8-92 of the Official Code of Georgia Annotated, relating to designation of emergency vehicles and flashing or revolving lights, is amended by adding at the end thereof a new subsection (d) to read as follows:
"(d) Except as provided in this subsection, it shall be unlawful for any person, firm, or corporation to operate any motor vehicle or to park any motor vehicle on public property with flashing or revolving green lights. This subsection shall not apply to any motor vehicle being used by any law enforcement agency, fire department, emergency management agency, or other governmental entity to designate the location of the command post for such agency, department, or entity at the site of an emergency."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and lost:

Representative Stephens of the 68th moves to amend the Floor substitute to SB 324 as follows:
Delete Section 4 and insert a new Section 4 as follows:
Amend Code Section 40-14-9 by deleting the last sentence and inserting in lieu thereof the following sentence:
"No speed detection device shall be employed by county, municipal or campus law enforcement officers against any vehicle which is travelling downhill on any portion of any highway which has a grade in excess of 7 percent".
And renumber Sections accordingly.

FRIDAY, MARCH 15, 1991

2661

The Floor substitute, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.
On the passage of the Bill, by substitute, the ayes were 123, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

SB 325. By Senator Turner of the 8th:
A bill to amend Article 1 of Chapter 12 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding damages, so as to provide conditions under which a claimant shall not be entitled to receive interest on sums claimed as unliquidated damages; to revise the rate of interest applicable to sums claimed as unliquidated damages; to provide for an effective date and for applicability.

The following Committee substitute was read:

A BILL
To amend Article 1 of Chapter 12 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding damages, so as to provide conditions under which a claimant shall not be entitled to receive interest on sums claimed as unliquidated damages; 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 1 of Chapter 12 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding damages, is amended by striking Code Section 51-12-14, relating to the procedure for demand of unliquidated damages in tort actions and when interest may be recovered, in its entirety and inserting in its place a new Code Section 51-12-14 to read as follows:
"51-12-14. (a) Where a claimant has given written notice by registered or certified mail to a person against whom claim is made of a demand for an amount of unliquidated damages in a tort action and the person against whom such claim is made fails amount to pay such amount within 30 days from the mailing of the notice, the claimant shall be entitled to receive interest on the amount demanded the claimed SWB if, upon trial of the case in which the claim is made, the judgment is for an amount not less than the 8m claimed amount demanded. However, if, at any time after the 30 days and before the claimant has withdrawn his demand, the person against whom such claim is made gives written notice by registered or certified mail of an offer to pay the amount of the claimant's demand plus interest under this Code section through the date such notice is given, and such offer is not accepted by the person making the demand for unliquidated damages within 30 days from the mailing of such notice by the person against whom such claim is made, the claimant shall not be entitled to receive interest on the amount of the demand after the thirtieth day following the date on which the notice of the offer is mailed even if; upon trial of the case in which the claim is made, the judgment is for an amount not less than the sum demanded pursuant to this Code section.
(b) T-he Any written notice referred to in subsection (a) of this Code section may be given on only one occasion and shall specify that it is being given pursuant to this Code section.
(c) The interest provided for by this Code section shall be at the rate of 12 percent per annum and shall begin to run from the thirtieth day following the date of the mailing of the written notice until the date of judgment.

2662

JOURNAL OF THE HOUSE,

(d) Evidence or discussion of interest on liquidated damages, as well as evidence of the offer, shall not be submitted to the jury. Interest shall be made a part of the judgment upon presentation of evidence to the satisfaction of the court that this Code section has been complied with and that the verdict of the jury or the award by the judge trying the case without a jury is equal to or exceeds the amount claimed in the notice.
(e) This Code section shall be known and may be cited as the 'Unliquidated Damages Interest Act.'"
Section 2. This Act shall become effective on July 1, 1991, and shall apply to a cause of action in tort arising on or after July 1, 1991.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Pettit of the 19th moves to amend the Committee substitute to SB 325 as follows:
Strike "amount" on line 20 page 1.

The Committee substitute, as amended, was adopted.

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, by substitute, as amended, the ayes were 106, nays 10.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

HR 500. By Representatives Porter of the 119th, Godbee of the 110th, Lane of the lllth, Oliver of the 121st, Patten of the 149th and others:
A resolution designating the K.T. Kennedy Reef.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 106, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

SR 190. By Senators Coleman of the 1st, Thompson of the 33rd, Hill of the 4th and others:
A resolution creating the Joint Study Committee for Regional Development Centers.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 108, nays 2.
The Resolution, having received the requisite constitutional majority, was adopted.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in disagreeing to the House amendment to the Senate substitute thereto:

FRIDAY, MARCH 15, 1991

2663

HB 402. By Representative Aiken of the 21st:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for the protection and preservation of certain cemeteries and burial grounds; to repeal Code Section 36-60-6, relating to the disturbing of a burial place in land development.

Representative Aiken of the 21st moved that the House insist on its position in disagreeing to the Senate substitute, as amended by the House to HB 402 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Aiken of the 21st, Groover of the 99th and Mobley of the 64th.

The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

SB 102. By Senators Dawkins of the 45th, Taylor of the 12th, Robinson of the 16th and others:
A bill to amend Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to general matters relating to the Environmental Protection Division of the Department of Natural Resources, so as to provide for the appointment and removal of the director of such division; to create an Environmental Advisory Council; to provide for the composition of such council.

Representative Byrd of the 102nd moved that the House adhere to its position in substituting SB 102 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Byrd of the 153rd, Poston of the 2nd and Dobbs of the 74th.

The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto:

SB 172. By Senator Ramsey of the 54th:
A bill to amend Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, so as to change the educational requirements for appointment to the Uniform Division; to change the composition of the State Patrol Disciplinary Board.

Representative Twiggs of the 4th moved that the House insist on its position in substituting SB 172.
The motion prevailed.

2664

JOURNAL OF THE HOUSE,

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate has agreed to the House substitute as amended by the Senate, to the following Resolution of the Senate:

SR 166. By Senators Tate of the 38th, Scott of the 36th, Walker of the 22nd and others:
A resolution creating the Urban Policy Study Commission.

The following Bill and Resolution of the House were taken up for the purpose of considering the Senate amendments thereto:

HB 188. By Representative Thomas of the 69th:
A bill to amend Code Section 9-11-4 of the Official Code of Georgia Annotated, relating to service of process in civil actions, so as to provide that process may be served by any citizen of the United States who is not a party and is not younger than 18 years of age.

The following Senate amendment was read:

Amend HB 188 by inserting on line 20 of page 1 following the word "states" the following:
"specially appointed by the court for that purpose or by someone".

Representative Thomas of the 69th moved that the House agree to the Senate amendment to HB 188.
On the motion the ayes were 113, nays 11.
The motion prevailed.

HR 441. By Representatives Thomas of the 69th, Simpson of the 70th and Kilgore of the 42nd:
A resolution creating the Joint Capital Outlay Study Committee.

The following Senate amendment was read:

Amend HR 441 by striking on line 13, page 3 the following:
"any out-of-state travel by House members of the committee shall be approved in advance of such travel by the Speaker of the House of Representatives. Out-of-state travel by the Senate members of the committee shall be approved in advance of such travel by the President of the Senate."
On line 23, page 3, strike "15" and insert "10" in lieu thereof.

Representative Thomas of the 69th moved that the House agree to the Senate amendment to HR 441.
On the motion, the roll call was ordered and the vote was as follows:

FRIDAY, MARCH 15, 1991

2665

Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcora Y Barfoot Y Bargeron Y Barnett,B Y Barnett.M Y Bates
Y Beatty Y Benefield
Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell
Y Canty Y Carrell Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark,H

Y Clark.L Y Coker Y Coleman
Colwell Y Connell Y Culbreth Y Cummings,B
Cummings,M Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M
Y Floyd,J.W Flynt
Y Godbee Y Golden Y Goodwin Y Green
Y Greene Y Griffin Y Groover Y Hamilton
Y Hammond Hanner
Y Harris.B Y Harris,J Y Heard Y Henson

Y Herbert Y Hightower Y Holland
Y Holmes Y Howard
Y Hudson Y Irwin
Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston
Y Klein YLadd
Y Lane,D Y Lane.R Y Langford Y Lawrence Y Lawson YLee
YLong YLord
Lucas Lupton YMann Y Martin Y McCoy Y McKelvey Y McKinney.B McKinney.C Y Meadows Y Merritt Y Milam Y Mills

On the motion, the ayes were 163, nays 0. The motion prevailed.

Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parharo Y Parrish
Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter
Y Poston Y Powell,A Y Powell.C Y Purcell Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal
Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith,L

Y Smith.P Y Smith.T Y Smith, W
Smyre YSnow Y Stancil,F Y Stancil,S Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N
Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti
Vaughan
Y Walker,J Y Walker.L Y Wall Y Ware Y Watson Y Watts
White Y Wilder Y Williams.B
Williams,J Y Williams.R Y Yeargin
Murphy.Spkr

Representative Vaughan of the 20th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 140. By Representative Watson of the 114th:
A bill to amend Article 4 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to halls of fame, so as to create the Georgia Aviation Hall of Fame Overview Committee as a joint committee of the General Assembly.

The following Senate amendment was read:

Amend HB 140 by adding on line 3 of page 1, between the word "to" and the word "provide", the following:
"change the composition of the Georgia Aviation Hall of Fame Board; to". By striking in its entirety line 21 on page 1, which reads as follows: "fame, is amended by designating Code Sections 50-12-70", and inserting in lieu thereof the following:

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JOURNAL OF THE HOUSE,

"fame, is amended by striking in their entirety subsections (a) and (c) of Code Section 50-12-71, relating to the composition of the Aviation Hall of Fame Board, and inserting in lieu thereof new subsections (a) and (c) to read as follows:
'(a) The board shall be composed of IS 17 members to be appointed as follows:
(1) Fourteen Sixteen members shall be appointed by the Governor, five members for initial terms of two years; five members for initial terms of three years; and four members for initial terms of four years; and two members provided for in 1991 for initial terms of five years. Five Seven of the members appointed by the Governor may reside in any area of the state. Of the remaining nine members appointed by the Governor, one member shall reside in and be appointed from each of the nine districts provided in subsection (b) of this Code section. Successors to such members shall be appointed by the Governor for terms of six years; and
(2) One member shall be appointed by the Commander of the Warner Robins Air Logistics Center at Robins Air Force Base in Houston County, Georgia, for an initial term of four years, and successors shall be appointed by such commander the Governor for terms of six years. This member may reside in any area of the state.

The following amendment was read and adopted:

Representative Watson of the 114th moves to amend the Senate amendment to HB 140 by adding following the last sentence on page 2 which ends with the word "state" the following:
tttTf 4,1.-- |"^(\rn mQ n H p r fvf thr Wnmor RfihiTW Air T,r>iriqfjfq flpntpr fnjlti tfi nrtrtniTit ft
member or ft succcssor fts provided IR tins pftpflgrflpft, ttic oovcmor 9u0.il ftppoint SUCH member and aH successors thereafter.
(c) Of the 46 17 members of the board, at least 11 members shall have experience in and be representative of the aviation industry or profession. Initial appointments shall be made prior to July 1, 1989j except that the additional members provided for in 1991 shall be appointed prior to October l^ 1991. In the event a vacancy occurs in the membership of the board, the authority originally appointing the position mad* vacant Governor shall promptly fill the same for the unexpired term. A majority of the members shall constitute a quorum for the transaction of business.
Section 2. Said article is further amended by designating Code Sections 50-12-70'.
By renumbering Section 2 on lines 23 and 24 of page 3 as Section 3."

Representative Watson of the 114th moved that the House agree to the Senate amendment, as amended by the House, to HB 140.
On the motion, the roll call was ordered and the vote was as follows:

Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker
Y Balkcom Y Barfoot Y Bargeron
Barnett.B Barnett.M Y Bates Y Beatty Y Benefield Birdsong Y Blitch

Y Bordeaux N Bostick Y Branch Y Breedlove Y Brooks Y Brown
Y Brush Y Buck Y Buckner Y Byrd Y Campbell Y Canty
Carrell Y Carter Y Chafm Y Chambless

Y Cheeks Y Childers Y Clark.E Y Clark.H Y Clark.L Y Coker
Y Coleman Colwell Connell
Y Culbreth Y Cummings.B
Cummings.M Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S

Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton
Y Fennel Y Floyd,J.M Y Floyd,J.W
Flynt Y Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin

Y Groover Y Hamilton Y Hammond
Manner Y Harris.B Y HarrisJ
Y Heard Y Henson Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson

FRIDAY, MARCH 15, 1991

2667

Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd YLane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas Y Lupton YMann Y Martin

YMcCoy Y McKelvey
McKinney.B McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger
Y Moultrie Y Mueller Y Oliver.C Y 01iver,M YOrr Y Orrock
Y Padgett Y Parham
Y Parrish

Y Patten Y Pelote Y Perry
Y Pettit Y Pinholster
Pinkston YPoag
Y Porter YPoston Y Powell,A
Powell,C Y Purcell
Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal
Selman Y Sherrill

On the motion, the ayes were 154, nays 1. The motion prevailed.

Y Simpson Y Sinkfield Y Skipper
Smith.L Y Smith.P Y Smith,T Y Smith,W
Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley Y Stephens
Y Streat Y Taylor Y Teper
Y Thomas,C Y Thomas,M
Thomas.N Y Thurmond

Y Titus Y Tolbert Y Townsend
Turnquest Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall Ware Y Watson Y Watts White Y Wilder Y Williams,B Williams.J Y Williams.R Y Yeargin Murphy.Spkr

The following Bills of the House and Senate were taken up for the purpose of considering the reports of the Committee of Conference thereon:

HB 279. By Representatives Dunn of the 73rd, Pinkston of the 100th, Childers of the 15th, Groover of the 99th, Connell of the 87th and others:
A bill to amend Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance, so as to prohibit certain provisions relating to the utilization and reimbursement of out-of-state mail order pharmacies in group or blanket accident and sickness insurance policies or preferred provider arrangements under such policies.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 279

The Committee of Conference on HB 279 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 279 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

M G. B. Pollard, Jr. Senator, 24th District

/s/ Edward D. Ricketson, Jr. Representative, 82nd District

/s/ Pete Robinson Senator, 16th District

/s/ Wesley Dunn Representative, 73rd District

/s/ Quillian Baldwin, Jr. Senator, 29th District

/s/ Larry Parrish Representative, 109th District

A BILL
To amend Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance, so as to prohibit certain provisions

2668

JOURNAL OF THE HOUSE,

concerning the utilization of mail-order pharmaceutical distributors in a group or blanket accident and sickness insurance policy, plan, contract, or fund; to provide a definition; to provide for explanations of payment or reimbursement methods to be issued to insureds; to require a certain provision in a contract between a health care insurer and a mail-order pharmaceutical distributor regarding notice to insureds; to allow other providers of pharmaceutical services the opportunity to accept the terms and conditions of payment or reimbursement applicable to mail-order pharmaceutical distributors; to provide for matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance, is amended by adding immediately following Code Section 33-30-4.2 a new Code section, to be designated Code Section 33-30-4.3, to read as follows:
"33-30-4.3. (a) For the purposes of this Code section, the term 'health care insurer' means an insurer, including a fraternal benefit society, a health care plan, a nonprofit medical service corporation, a nonprofit hospital service corporation, or a health maintenance organization authorized to sell accident and sickness insurance policies, subscriber certificates, or other contracts of accident and sickness insurance by whatever name called.
(b) A group or blanket accident and sickness insurance policy, plan, contract, or fund may not be issued, delivered, issued for delivery, or renewed by a health care insurer on or after July 1, 1991, if such policy, plan, contract, or fund requires that insureds thereunder obtain pharmaceutical services, including prescription drugs, exclusively from a mail-order pharmaceutical distributor. Insureds who do not utilize a mail-order pharmaceutical distributor shall not be required to pay a different copayment fee or have imposed any varying conditions for the receipt of pharmaceutical services, including prescription drugs, when that payment or condition is not imposed upon those insureds who utilize a mail-order pharmaceutical distributor for those services if the provider of pharmaceutical services utilized by the insured has agreed to the same terms and conditions as applicable to the mail-order pharmaceutical distributor and has agreed to accept payment or reimbursement from the health care insurer at no more than the same amount which would have been paid to the mail-order pharmaceutical distributor for the same pharmaceutical services.
(c) Any health care insurer who issues a group or blanket accident and sickness policy, plan, contract, or fund that provides coverage for pharmaceutical services, including prescription drugs, by a mail-order pharmaceutical distributor shall issue to each insured under such policy, plan, contract, or fund an explanation of the payment or reimbursement method applicable to mail-order pharmaceutical distributors as compared to other providers of pharmaceutical services. For those helath care insurers which provide benefit booklets to their insureds, the inclusion of such an explanation in any such benefit booklet shall constitute compliance with this subsection.
(d) Any health care insurer who contracts with a mail-order pharmaceutical distributor to provide pharmaceutical services, including prescription drugs, under a group or blanket accident and sickness policy, plan, contract, or fund shall include in such contract a provision requiring the mail-order pharmaceutical distributor in its initial written correspondence with an insured to include a notice that the insured may obtain pharmaceutical services, including prescription drugs, from other providers of pharmaceutical services and that the exclusive utilization of the mail-order pharmaceutical distributor is not required.
(e) A provider of pharmaceutical services who desires to provide services to insureds in their service area shall, upon written request to the health care insurer, be provided information pertaining to the terms and conditions applicable to mail-order pharmaceutical services available in such service area. If the provider of pharmaceutical services agrees to such terms and conditions in writing and agrees to be paid or reimbursed at no more than the same amount which would be paid to a mail-order pharmaceutical distributor for the same services, the provider of pharmaceutical services will be paid or

FRIDAY, MARCH 15, 1991

2669

reimbursed at no more than the same amount paid to the mail-order pharmaceutical distributor for the same pharmaceutical services."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Dunn of the 73rd moved that the House adopt the report of the Committee of Conference on HB 279.
On the motion, the roll call was ordered and the vote was as follows:

Abernathy Y Adams Y Aiken Y Alford Y Atkins
Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett,B
Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck
Y Buckner YByrd
Y Campbell Y Canty
Y Carrell Y Carter Y Chafm Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.H

Y Clark,L Y Coker Y Coleman
Colwell Y Connell Y Culbreth Y Cummings,B
Cummings,M
Y Davis.G Y Davis,M Y Dixon,H Y Dixon.S Y Dobbs Y Dover Y Dunn
Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W YFlynt YGodbee Y Golden YGoodwin Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Hanner Y Harris.B Y Harris,J Y Heard Y Henson

Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson
Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong YLord
Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney,B McKinney.C Y Meadows Y Merritt YMilam Y Mills

Y Mobley
Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr Y Orrock
Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell Y Randall YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L

Y Smith.P Y Smith.T Y Smith,W
Smyre YSnow Y Stancil,F Y Stancil,S Y Stanley Y Stephens
Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond
Y Titus Y Tolbert Y Townsend Y Turnquest
Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall Y Ware Y Watson Y Watts
White Y Wilder Y Williams.B
Williams,J Y Williaros.R
Y Yeargin Murphy.Spkr

On the motion, the ayes were 165, nays 0. The motion prevailed.

HB 886. By Representatives Watts of the 41st, Parham of the 105th and Watson of the 114th:
A bill 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 require vehicles used to transport certain substances to be marked in a certain way.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 886

The Committee of Conference on HB 886 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 886 be adopted.

2670

JOURNAL OF THE HOUSE,

FOR THE SENATE:
/s/ Bill English Senator, 21st District
/s/ Wayne Garner Senator, 30th District
Cathey W. Steinberg Senator, 42nd District

Respectfully submitted,
FOR THE HOUSE OF REPRESENTATIVES:
/s/ L. Charles Watts Representative, 41st District
/s/ Roy H. Watson, Jr. Representative, 114th District
/a/ Thomas M. Kilgore Representative, 42nd District

A BILL
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 require vehicles used to transport certain substances to be marked in a certain way; to define a term; 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 40-6-253 to read as follows:
"40-6-253. (a) As used in this Code section, the term 'etiologic agent' means any tissue, body fluid, or any other biological material which has the potential to transmit illness or disease or other harm upon contact, ingestion, or inhalation.
(b) Any vehicle while transporting any etiologic agent or any biomedical waste as such term is defined in Code Section 12-8-22 in this state shall be clearly marked on both sides and on the back with a sign or placard bearing the internationally recognized symbol designated for use in this state by the Environmental Protection Division of the Department of Natural Resources denoting biohazardous material, not less than 12 inches in height and red in color on a white background, and the words 'BIOHAZARDOUS MATERIAL' in capital block letters not less than two inches in height and red in color on a white background.
(c) Violation of the provisions of this Code section shall constitute a misdemeanor."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Watts of the 41st moved that the House adopt the report of the Committee of Conference on HB 886.
On the motion, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken YAlford
Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett,B
Y Barnett,M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick

Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell Y Canty
Carreil Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark.H

Y Clark.L Y Coker Y Coleman
Colwell Y Connell Y Culbreth Y Cummings.B
Curnmings.M Y Davis.G Y Davis.M
Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton

Y Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin
Y Groover Y Hamilton Y Hammond
Banner Y Harris.B Y Harris.J Y Heard Y Henson

Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins
Y Jones Y Kilgore Y King Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R

FRIDAY, MARCH 15, 1991

2671

YLangford Y Lawrence Y Lawson YLee Y Long Y Lord
Lucas Lupton Y Mann Martin Y McCoy YMcKelvey McKinney.B
McKinney.C Y Meadows Y Merritt Y Milam
Mills

Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C YOliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish
Patten
Y Pelote Y Perry Y Pettit Y Pinholster YPinkston

Y Poag Y Porter Y Poston Y Powell,A Y Powell,C Y Purcell Y Randall Y Ray
Reaves Redding Y Ricketson Y Royal Y Selman
Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith,L

Y Smith,P Y Smith,T Y Smith,W
Smyre Y Snow
Stancil.F Y Stancil.S Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C
Y Thomas,M Thomas.N
Y Thurmond Y Titus Y Tolbert

Townsend Y Turnquest
Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall Y Ware Y Watson Y Watts
White Y Wilder
Y Williams.B Williams,J
Y Williams,R Y Yeargin
Murphy.Spkr

On the motion, the ayes were 156, nays 0. The motion prevailed.

HB 210. By Representative Pettit of the 19th:
A bill to amend Code Section 50-25-6 of the Official Code of Georgia Annotated, relating to sales of files of public information by the GeorgiaNet Authority, so as to provide that the authority shall be authorized to receive data in electronic format from the public for the purpose of transmitting such data to the various departments, agencies, and institutions of the state.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 210

The Committee of Conference on HB 210 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 210 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Terrell A. Starr

/s/ Thomas M. Kilgore

/s/ Harrill L. Dawkins

/s/ Hugh Boyd Pettit III

/s/ Pete Robinson

/s/ Roy H. Watson, Jr.

A BILL
To amend Chapter 25 of Title 50 of the Official Code of Georgia Annotated, relating to the GeorgiaNet Authority, so as to change the composition of the authority; to provide that an executive director of the authority may be appointed; to provide for the compensation of the executive director; to provide for continuing benefits and membership in the State Merit System of Personnel Administration for employees of the authority; to require the authority to transfer to the general fund of the state treasury any excess funds of the authority; to provide that the authority shall be authorized to receive data in electronic format from the public for the purpose of transmitting such data to the various departments, agencies, and institutions of the state; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

2672

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 25 of Title 50 of the Official Code of Georgia Annotated, relating to the GeorgiaNet Authority, is amended by striking in its entirety subsection (a) of Code Section 50-25-2, relating to the membership of the GeorgiaNet Authority, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The authority shall consist of three five members as follows: one member appointed by the Lieutenant Governor; one member appointed by the Speaker of the House of Representatives; and one member 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."
Section 2. Said Code section is further amended by striking in its entirety subsection (d), which reads as follows:
"(d) The commissioner of administrative services shall be 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 powers and duties to such assistant commissioner as he 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.", and inserting in lieu thereof a new subsection (d) to read as follows:
"(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."
Section 3. Said chapter is further amended by striking in its entirety Code Section 50-25-4, relating to the general powers of the GeorgiaNet Authority, and inserting in lieu thereof a new Code Section 50-25-4 to read as follows:
"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

FRIDAY, MARCH 15, 1991

2673

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;
CwtcrmHI6d oy tnc dtitftonty to ftc ift excess of those needed tor tiie corpor&te pur*
{9} {8J 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;
{16} (9) 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."
Section 4. Said chapter is further amended by striking in its entirety Code Section 50-25-6, relating to sales of files of public information by the GeorgiaNet Authority, and inserting in lieu thereof a new Code section to read as follows:
"50-25-6. (a) The authority shall have exclusive authority to sell or execute license agreements on behalf of the executive branch of state government an entire file of public information in any electronic medium or format; provided, however, that nothing contained herein shall preclude any department, agency, board, bureau, commission, or authority from selling individual records maintained in electronic format or otherwise to the public or other governmental agencies or entities or from selling or otherwise disseminating any data which the authority declines to sell; and the authority may likewise be authorized by the judicial and legislative branches to sell on their behalf entire files of public information.
(b) The authority shall be authorized to receive data in electronic format from members of the public for the purpose of transmitting such data electronically to various departments, agencies, and institutions of the state.
(c) All of the statutory restrictions on the confidentiality or use of any departmental data and all of the penalties for any violation thereof shall apply to the authority and its employees."
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.
Representative Pettit of the 19th moved that the House adopt the report of the Committee of Conference on HB 210.
On the motion, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Atkins
Baker Y Balkcom

Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefleld

Y Birdsong Y Blitch
Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks

Y Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell Y Canty

Y Carrell Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E

2674

JOURNAL OF THE HOUSE,

Y Clark,H Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B
Cummings.M Y Davis.G Y Davis,M Y Dixon.H Y Dixon,S YDobbs Y Dover
YDunn Edwards
Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin Y Green
Greene Y Griffin

Y Groover Y Hamilton Y Hammond
Hanner Y Harris,B Y Harris,J Y Heard Y Henson Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins
Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson

YLee YLong YLord Y Lucas
Lupton YMann Y Martin
McCoy
Y McKelvey McKinney,B
McKinney.C Y Meadows Y Merritt YMilam Y Mills Y Mobley Y Moody Y Morsberger
Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish
Patten Y Pelote

On the motion, the ayes were 155, nays 0. The motion prevailed.

Y Perry
Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell Y Randall YRay
Reaves Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson
Y Sinkfield Y Skipper Y Smith,L Y Smith.P Y Smith.T Y Smith,W
Smyre YSnow
Stancil,F Y Stancil,S

Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest
Y Twiggs Y Valenti
Y Vaughan Y Walker,J Y Walker.L Y Wall
Ware Watson Watts White Y Wilder Y Williams,B Williams,J Y Williams.R
Y Yeargin Murphy.Spkr

SB 93. By Senator Johnson of the 47th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to add a new chapter authorizing and regulating orders not to resuscitate certain patients; to provide legislative findings; to provide definitions; to provide for certain presumptions; to provide for the legality of certain orders not to resuscitate.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 93

The Committee of Conference on SB 93 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 93 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ C. Donald Johnson Senator, 47th District

/s/ Charles A. Thomas, Jr. Representative, 69th District

/s/ A. Quillian Baldwin, Jr. Senator, 29th District

/s/ Tommy Chambless Representative, 133rd District

/s/ J. Nathan Deal Senator, 49th District

/s/ Mary Margaret Oliver Representative, 53rd District

A BILL
To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to add a new chapter authorizing and regulating orders not to resuscitate certain

FRIDAY, MARCH 15, 1991

2675

patients; to provide legislative findings; to provide definitions; to provide for certain presumptions; to provide for the legality of certain orders not to resuscitate; to provide for consent by a patient or certain other persons to such order not to resuscitate; to provide for procedures in the event of a change in a patient's condition; to provide for revocation of such an order; to provide for immunity from criminal and civil action for certain persons under certain circumstances; to provide that an order not to resuscitate shall not affect a policy of life insurance; to provide that no such order shall be required of any patient; to provide that no person's legal right shall be affected by this Act; to provide that a court of competent jurisdiction may authorize an order not to resuscitate under certain conditions; to provide for procedures for a physician who refuses to comply with an order not to resuscitate; 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 31 of the Official Code of Georgia Annotated, relating to health, is amended by inserting at the end thereof a new Chapter 38 to read as follows:
"CHAPTER 38
31-38-1. The General Assembly finds that although cardiopulmonary resuscitation has proved invaluable in the reversal of sudden, unexpected death, it is appropriate for an attending physician, in certain circumstances, to issue an order not to attempt cardiopulmonary resuscitation of a patient where appropriate consent or authorization has been obtained. The General Assembly further finds that there is a need to establish and clarify the rights and obligations of patients, their families or representatives, and health care providers regarding cardiopulmonary resuscitation and the issuance of orders not to resuscitate. The General Assembly further finds that, in the interest of protecting individual autonomy, cardiopulmonary resuscitation in some circumstances may cause loss of patient dignity and unnecessary pain and suffering. In recognition of the considerable uncertainty in the medical and legal professions as to the legality of implementing orders not to resuscitate, in recognition of the request of the Supreme Court of Georgia for legislative guidance in this area, and in recognition of the dignity and privacy which patients have a right to expect, the General Assembly declares that the laws of the State of Georgia shall recognize the right of patients or other authorized persons to instruct physicians and other health care personnel to refrain from cardiopulmonary resuscitation.
31-38-2. As used in this chapter, the term: (1) 'Adult' means any person who is 18 years of age or older, is the parent of a
child, or has married. (2) 'Attending physician' means the physician selected by or assigned to a patient
in a health care facility who has primary responsibility for the treatment and care of the patient. Where more than one physician share such responsibility, any such physician may act as the attending physician pursuant to this chapter.
(3) 'Authorized person' means any one person from the following list in the order of priority as listed below:
(A) Any agent appointed pursuant to Chapter 36 of this title, the 'Durable Power of Attorney for Health Care Act';
(B) A spouse; (C) A guardian over the person appointed pursuant to the provisions of Code Section 29-5-1; (D) A son or daughter 18 years of age or older; (E) A parent; (F) A brother or sister 18 years of age or older. (4) 'Candidate for nonresuscitation' means a patient who, based on a determination to a reasonable degree of medical certainty by an attending physician with the concurrence of another physician: (A) Has a medical condition which can reasonably be expected to result in the imminent death of the patient;

2676

JOURNAL OF THE HOUSE,

(B) Is in a noncognitive state with no reasonable possibility of regaining cognitive functions; or
(C) Is a person for whom cardiopulmonary resuscitation would be medically futile in that such resuscitation will likely be unsuccessful in restoring cardiac and respiratory function or will only restore cardiac and respiratory function for a brief period of time so that the patient will likely experience repeated need for cardiopulmonary resuscitation over a short period of time. (5) 'Cardiopulmonary resuscitation' means only those measures used to restore or support cardiac or respiratory function in the event of a cardiac or respiratory arrest. (6) 'Decision-making capacity' means the ability to understand and appreciate the nature and consequences of an order not to resuscitate, including the benefits and disadvantages of such an order, and to reach an informed decision regarding the order. (7) 'Health care facility' means an institution which is licensed as a hospital or nursing home pursuant to Article 1 of Chapter 7 of this title. (8) 'Minor' means any person who is not an adult. (9) 'Order not to resuscitate' means an order not to attempt cardiopulmonary resuscitation in the event a patient suffers cardiac or respiratory arrest, or both. (10) 'Parent' means a parent who has custody of a minor. (11) 'Patient' means a person who is receiving treatment from, or is a resident of, a health care facility as defined in this Code section. (12) 'Reasonably available' means that a person to be contacted can be contacted with diligent efforts by an attending physician, another person acting on behalf of the attending physician, or the health care facility within a reasonable period of time as determined by the attending physician. 31-38-3. (a) Every patient shall be presumed to consent to the administration of cardiopulmonary resuscitation in the event of cardiac or respiratory arrest, unless there is consent or authorization for the issuance of an order not to resuscitate. (b) Every adult shall be presumed to have the capacity to make a decision regarding cardiopulmonary resuscitation unless determined otherwise in writing in the patient's medical record pursuant to this Code section or pursuant to a court order. When an order not to resuscitate is requested by an adult with decision-making capacity, such order shall be presumed, unless revoked, to be the direction of such person regarding resuscitation. (c) Nothing in this chapter shall require a health care facility to expand its existing equipment and facilities to provide cardiopulmonary resuscitation.
31-38-4. (a) It shall be lawful for the attending physician to issue an order not to resuscitate, provided that the order has been issued pursuant to the requirements of this chapter. Such an order shall be issued in writing in the patient's chart and shall be effective upon issuance.
(b) An adult person with decision-making capacity may consent orally or in writing to an order not to resuscitate and its implementation at a present or future date, regardless of that person's mental condition on such future date.
(c) The appropriate authorized person may, after being informed of the provisions of this Code section, consent orally or in writing to an order not to resuscitate for an adult candidate for nonresuscitation; provided, however, that such consent is based in good faith upon what such authorized person determines such candidate for nonresuscitation would have wanted had such candidate for nonresuscitation understood the circumstances under which such order is being considered.
(d) Any parent may consent orally or in writing to an order not to resuscitate for his or her minor child when such child is a candidate for nonresuscitation. If in the opinion of the attending physician the minor is of sufficient maturity to understand the nature and effect of an order not to resuscitate, then no such order shall be valid without the assent of such minor.
(e) If none of the persons specified in subsections (b), (c), and (d) of this Code section is reasonably available or competent to make a decision regarding an order not to resuscitate, an attending physician may issue an order not to resuscitate for a patient, provided that:

FRIDAY, MARCH 15, 1991

2677

(1) Such physician determines, in writing in the patient's medical record, that such patient is a candidate for nonresuscitation; and
(2) An ethics committee or similar panel, as designated by the health care facility, concurs in the opinion of the attending physician and the concurring physician that the patient is a candidate for nonresuscitation. 31-38-5. (a) If the attending physician determines at any time that an order not to resuscitate issued at the request of the patient is no longer appropriate because the patient's medical condition has improved, the physician shall immediately notify the patient or, if the patient does not then have decision-making capacity, an authorized person. If such person declines to revoke his consent to the order, the physician shall immediately include in the patient's chart that the patient is no longer a candidate for nonresuscitation and shall immediately cancel the order and notify the person who consented to the order and all hospital staff responsible for the patient's care of the cancellation. (b) If the order not to resuscitate was entered upon the consent of a parent or authorized person and the attending physician who issued the order or, if he is unavailable, another attending physician, at any time determines that the patient no longer qualifies as a candidate for nonresuscitation, the attending physician shall immediately include such determination in the patient's chart, cancel the order, and notify the person who consented to the order and all hospital staff responsible for the patient's care of the cancellation. (c) If an order not to resuscitate was entered upon the consent of an authorized person and the patient at any time regains decision-making capacity, the attending physician who issued the order or, if he is unavailable, another attending physician, shall immediately determine if the patient consents to the order not to resuscitate and, if the patient does not so consent, cancel the order by an appropriate entry on the record and notify all hospital staff responsible for the patient's care of the cancellation. 31-38-6. (a) A patient may, at any time, revoke his consent to an order not to resuscitate by making either a written or an oral declaration to a physician or member of the nursing staff at the health care facility where he is being treated or by any other act evidencing a specific intent to revoke such consent which is communicated to a physician or a member of the health care facility staff.
(b) Any parent or authorized person may at any time revoke his consent to an order not to resuscitate a patient by notifying a physician or member of the nursing staff at the health care facility of the revocation of consent in writing, dated and signed, or by orally notifying the attending physician in the presence of a witness 18 years of age or older.
(c) Any physician who is informed of or provided with a revocation of consent pursuant to this Code section shall immediately include the revocation in the patient's chart, cancel the order, and notify the health care facility staff responsible for the patient's care of the revocation and cancellation. Any member of the nursing staff who is informed of or provided with a revocation of consent pursuant to this Code section shall immediately notify a physician of such revocation.
31-38-7. (a) No physician, health care professional, health care facility, or person employed by, acting as the agent of, or under contract with any of the foregoing shall be subject to criminal prosecution or civil liability or be deemed to have engaged in unprofessional conduct for carrying out in good faith a decision regarding cardiopulmonary resuscitation authorized by this chapter by or on behalf of a patient or for those actions taken in compliance with the standards and procedures set forth in this chapter.
(b) No physician, health care professional, health care facility, or person employed by, acting as the agent of, or under contract with any of the foregoing shall be subject to criminal prosecution or civil liability or be deemed to have engaged in unprofessional conduct for providing cardiopulmonary resuscitation to a patient for whom an order not to resuscitate has been issued, provided that such physician or person:
(1) Reasonably and in good faith was unaware of the issuance of an order not to resuscitate; or

2678

JOURNAL OF THE HOUSE,

(2) Reasonably and in good faith believed that consent to the order not to resuscitate had been revoked or canceled. (c) No persons shall be civilly liable for failing or refusing in good faith to effectuate an order not to resuscitate. No person shall be subject to criminal prosecution or civil liability for consenting or declining to consent in good faith, on behalf of a patient, to the issuance of an order not to resuscitate pursuant to this chapter. (d) Any attending physician who fails or refuses to comply with an order not to resuscitate entered pursuant to this chapter shall endeavor to advise promptly the next of kin or authorized person of the patient that such physician is unwilling to effectuate the order. The attending physician shall thereafter at the election of the next of kin or authorized person:
(1) Make a good faith attempt to effect the transfer of the patient to another physician who will effectuate the order not to resuscitate; or
(2) Permit the next of kin or authorized person to obtain another physician who will effectuate the order not to resuscitate. 31-38-8. (a) No policy of life insurance shall be legally impaired, modified, or invalidated in any manner by the issuance of an order not to resuscitate notwithstanding any term of the policy to the contrary. (b) A person may not prohibit or require the issuance of an order not to resuscitate for an individual as a condition for such individual's being insured or receiving health care services. 31-38-9. (a) Nothing in this chapter shall impair or supersede any legal right or legal responsibility which any person may have to effect the withholding or withdrawal of cardiopulmonary resuscitation in any lawful manner. In such respect, the provisions of this chapter are cumulative. (b) Nothing in this chapter shall be construed to preclude a court of competent jurisdiction from approving the issuance of an order not to resuscitate under circumstances other than those under which such an order may be issued pursuant to this chapter."
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.

Representative Thomas of the 69th moved that the House adopt the report of the Committee of Conference on SB 93.
On the motion, the roll call was ordered and the vote was as follows:

Y Abernathy Adams
Y Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong N Blitch Y Bordeaux
Bostick Y Branch Y Breedlove
Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd

Y Campbell
Y Canty Y Carrell Y Carter Y Chafm Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark,H Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B
Cummings.M
Y Davis,G Y Davis,M
Y Don,H Y Diion,S Y Dobbs Y Dover YDunn Y Edwards

Y Elliott Y Felton
Y Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt Y Godbee
Y Golden Y Goodwin
Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Manner Y Harris,B
Y Harris,J Y Heard Y Henson
Herbert Y Hightower
Y Holland Y Holmes Y Howard Y Hudson

Ylrwin Y Jackson Y Jamieson
Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane,R Y Langford
Y Lawrence Y Lawson YLee YLong YLord Y Lucas
Lupton YMann Y Martin YMcCoy Y McKelvey
McKinney,B McKinney.C

N Meadows Y Merritt
Y Milam Y Mills Y Mobley Y Moody Y Morsberger N Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish Y Patten
Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell,A

FRIDAY, MARCH 15, 1991

2679

YPowell.C YPurcell Y Randall YRay
Reaves Y Redding Y Ricketson Y Royal YSelman YSherrill

YSimpson Y Sinkfield Y Skipper Y Smith,L
Smith,P Y Smith.T Y Smith,W
Smyre Y Snow
Stancil,F

Y Stancil,S Y Stanley
Stephens Streat Y Taylor Y Teper Y Thomas.C Y Thomas,M Y Thomas.N Y Thurmond

Y Titus Y Tolbert
Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker,L N Wall

Y Ware Y Watson Y Watts
White Y Wilder Y Williams.B
Williams.J Y Williams,R Y Yeargin
Murphy,Spkr

On the motion, the ayes were 156, nays 4. The motion prevailed.

HB 283. By Representatives Dover of the llth, Godbee of the 110th, Royal of the 144th, Harris of the 84th, Barnett of the 10th and others:
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 current use valuation and taxation of bona fide conservation use property and bona fide residential transitional property; to provide for the ad valorem taxation of timber.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 283

The Committee of Conference on HB 283 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 283 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Terrell A. Starr Senator, 44th District

M William J. Dover Representative, llth District

/s/ J. Nathan Deal Senator, 49th District

/s/ John Godbee Representative, 110th District

/s/ Loyce W. Turner Senator, 8th District

/s/ A. Richard Royal Representative, 144th District

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 current use valuation and taxation of bona fide conservation use property and bona fide residential transitional property; to provide for the ad valorem taxation of timber; to provide for qualifications and conditions; to provide for appraisal, valuation, and assessment; to provide for temporary county digest supplementation; to provide for penalties; to provide for reporting of harvested timber prior to the implementation of such method of taxation; to state legislative intent; to define terms; to provide for powers, duties, and authority of local tax officials, the state revenue commissioner, and the Department of Revenue with respect to the foregoing; to provide for related matters; to provide for additional information required to be published prior to the establishment of millage rates; to provide for enforcement; to provide for procedures with respect to the determination of millage rates; to revise and change certain provisions regarding the establishment of the equalized adjusted school property tax

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digest; to amend Code Section 12-2-4 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Natural Resources, so as to provide for the certification of conservation use property; to amend Code Section 20-2-164 of the Official Code of Georgia Annotated, relating to local fair share funds, so as to revise and change such provisions with respect to the foregoing; to provide for other matters relative to the foregoing; to provide for effective dates and for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended by striking Code Section 48-5-1, relating to legislative intent of ad valorem tax laws, and inserting in its place a new Code section to read as follows:
"48-5-1. The intent and purpose of the tax laws of this state are to have all property and subjects of taxation returned at the value which would be realized from the cash sale, but not the forced sale, of the property and subjects as such property and subjects are usually sold except as otherwise provided in this chapter."
Section 2. Said chapter is further amended by striking Code Section 48-5-2, relating to definitions of terms used in the ad valorem tax laws, and inserting in its place a new Code Section 48-5-2 to read as follows:
"48-5-2. As used in this chapter, the term: (1) 'Current use value' of bona fide conservation use property means the amount
a knowledgeable buyer would pay for the property with the intention of continuing the property in its existing use and in an arm's length, bona fide sale and shall be determined in accordance with the specifications and criteria provided for in subsection (b) of Code Section 48-5-269.
(2) 'Current use value' of bona fide residential transitional property means the amount a knowledgeable buyer would pay for the property with the intention of continuing the property in its existing use and in an arm's length, bona fide sale. The tax assessor shall consider the following criteria, as applicable, in determining the current use value of bona fide residential transitional property:
(A) The current use of such property; (B) Annual productivity; and (C) Sales data of comparable real property with and for the same existing use. (I) (3) 'Fair market value of property' means the amount a knowledgeable buyer would pay for the property and a willing seller would accept for the property at an arm's length, bona fide sale. With respect to the valuation of equipment, machinery, and fixtures when no ready market exists for the sale of the equipment, machinery, and fixtures, fair market value may be determined by resorting to any reasonable, relevant, and useful information available including, but not limited to, the original cost of the property, any depreciation or obsolescence, and any increase in value by reason of inflation. Each tax assessor shall have access to any public records of the taxpayer for the purpose of discovering such information. (A) In determining the fair market value of a going business where its continued operation is reasonably anticipated, the tax assessor may value the equipment, machinery, and fixtures which are the property of the business as a whole where appropriate to reflect the accurate fair market value. (B) The tax assessor shall consider the following criteria in determining the fair market value of real property:
(i) Existing zoning of property; (ii) Existing use of property; (iii) Existing covenants or restrictions in deed dedicating the property to a particular use; and (iv) Any other factors deemed pertinent in arriving at fair market value. (C) Fair market value of 'historic property' as such term is defined in subsection (a) of Code Section 48-5-7.2 means:

FRIDAY, MARCH 15, 1991

2681

(i) For the first eight years in which the property is classified as 'rehabilitated historic property,' the value equal to the greater of the acquisition cost of the property or the appraised fair market value of the property as recorded in the county tax digest at the time preliminary certification on such property was received by the county board of tax assessors pursuant to subsection (c) of Code Section 48-5-7.2;
(ii) For the ninth year in which the property is classified as 'rehabilitated historic property,' the value of the property as determined by division (i) of this subparagraph plus one-half of the difference between such value and the current fair market value exclusive of the provisions of this subparagraph; and
(iii) For the tenth and following years, the fair market value of such property as determined by the provisions of this paragraph, excluding the provisions of this subparagraph. (D) Fair market value of 'landmark historic property' as such term is defined in subsection (a) of Code Section 48-5-7.3 means:
(i) For the first eight years in which the property is classified as 'landmark historic property,' the value equal to the greater of the acquisition cost of the property or the appraised fair market value of the property as recorded in the county tax digest at the time certification on such property was received by the county board of tax assessors pursuant to subsection (c) of Code Section 48-5-7.3;
(ii) For the ninth year in which the property is classified as 'landmark historic property,' the value of the property as determined by division (i) of this subparagraph plus one-half of the difference between such value and the current fair market value exclusive of the provisions of this subparagraph; and
(iii) For the tenth and following years, the fair market value of such property as determined by the provisions of this paragraph, excluding the provisions of this subparagraph. (E) Notwithstanding any ether provision ef tew te the contrary, standing timber Timber shall be valued at its fair market value at the time of its harvest or sale in the manner specified in Code Section 48-5-7.5 subject te the following! .
{i) Standing timber net having merchantable value shaH have ne fear market
VftlVlC IGF Kx VfllOrciU TtX p UPpOS 68 J &DQ
{) With respect te determining the merchantable stumpagc vatee ef standing timber, the tax assessor shall consider:
\i'f \->oiupflrftDie 9turnpftc 9flics witiiin tfic \J nited otfttes f orcst OCFVICC sur*
(II) Other factors pertinent k arriving at th merchantable stumpagc value ef such standing timber, including, bt net limited te; stumpage value data ad
ufltfl reported oy tttc ijCOF^fifl F ore9try i^oniHiissiori, trie University ef Georgia Cooperative Extension Service, er the University ef Gcor $tt ocftooi GT f orest Kes011FC6St wiiicti ufivfi sfidii D proviuCQ Dy tiie siore9ftici fluencies TO tiie tflx assessor OR &n Qiinuo.! D3.319* {2} (4) 'Foreign merchandise in transit' means personal property of any description which has been or will be moved by waterborne commerce through any port located in this state and: (A) Which has entered the export stream, although temporarily stored or warehoused in the county where the port of export is located; or (B) Which was shipped from a point of origin located outside the customs territory of the United States and on which United States customs duties are paid at or through any customs district or port located in this state, although stored or warehoused in the county where the port of entry is located while in transit to a final destination."
Section 3. Said chapter is further amended by striking Code Section 48-5-6, relating to the return of property at fair market value, and inserting in its place a new Code Section 48-5-6 to read as follows:
"48-5-6. All property shall be returned for taxation at its fair market value except as otherwise provided in this chapter."

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Section 4. Said chapter is further amended by adding immediately following subsection (c.l) of Code Section 48-5-7, relating to assessment of tangible property, new subsections (c.2) and (c.3) to read as follows:
"(c.2) Tangible real property which is devoted to bona fide conservation uses as defined in this chapter and which otherwise conforms to the conditions and limitations imposed in this chapter shall be assessed for property tax purposes at 40 percent of its current use value and shall be taxed on a levy made by each respective tax jurisdiction according to 40 percent of the property's current use value.
(c.3) Tangible real property located in a transitional developing area which is devoted to bona fide residential uses and which otherwise conforms to the conditions and limitations imposed in this chapter for bona fide residential transitional property shall be assessed for property tax purposes at 40 percent of its current use value and shall be taxed on a levy made by each respective tax jurisdiction according to 40 percent of the property's current use value."
Section 5. Said chapter is further amended by adding at the end of Code Section 48-5-7.1, relating to the preferential assessment of certain agricultural property, a new subsection (s) to read as follows:
"(s) Property which is subject to preferential assessment and which is subject to a covenant under this Code section may be changed from such covenant and placed in a covenant for bona fide conservation use under Code Section 48-5-7.4 if such property meets all of the requirements and conditions specified in Code Section 48-5-7.4. Any such change shall terminate the covenant under this Code section, shall not constitute a breach of the covenant under this Code section, and shall require the establishment of a new covenant period under Code Section 48-5-7.4. No property may be changed under this subsection more than once."
Section 6. Said chapter is further amended by adding immediately following Code Section 48-5-7.3 two new Code Sections 48-5-7.4 and 48-5-7.5 to read as follows:
"48-5-7.4. (a) For purposes of this article, the term 'bona fide conservation use property' means property described in and meeting the requirements of paragraph (1) or (2) of this subsection, as follows:
(1) Not more than 2,000 acres of tangible real property of a single owner, the primary purpose of which is any good faith production, including, but not limited to, subsistence farming or commercial production from or on the land of agricultural products or timber, subject to the following qualifications:
(A) Such property includes the value of tangible property permanently affixed to the real property which is directly connected to such owner's production of agricultural products or timber and which is devoted to the storage and processing of such agricultural products or timber from or on such real property;
(B) Such property excludes the entire value of any residence located on the property;
(C) Such property must be owned by: (i) One or more natural or naturalized citizens; (ii) An estate of which the devisees or heirs are one or more natural or natu-
ralized citizens; (iii) A trust of which the beneficiaries are one or more natural or naturalized
citizens; (iv) A family owned farm corporation, the controlling interest of which is
owned by one or more natural or naturalized citizens related to each other within the fourth degree of civil reckoning, an estate of which the devisees or heirs are one or more natural or naturalized citizens, or a trust of which the beneficiaries are one or more natural or naturalized citizens and which family farm corporation derived 80 percent or more of its gross income from bona fide conservation uses within this state within the year immediately preceding the year in which eligibility is sought; or
(v) A bona fide nonprofit conservation organization designated under Section 501(c)(3) of the Internal Revenue Code;

FRIDAY, MARCH 15, 1991

2683

(D) Factors which may be considered in determining if such property is qualified may include, but not be limited to:
(i) The nature of the terrain; (ii) The density of the marketable product on the land; (iii) The past usage of the land; (iv) The economic merchantability of the agricultural product; and (v) The utilization or nonutilization of recognized care, cultivation, harvesting, and like practices applicable to the product involved and any implemented plans thereof; and (E) Such property shall, if otherwise qualified, include, but not be limited to, property used for: (i) Raising, harvesting, or storing crops; (ii) Feeding, breeding, or managing livestock or poultry; (iii) Producing plants, trees, fowl, or animals; or (iv) Production of aquaculture, horticulture, floriculture, forestry, dairy, livestock, poultry, and apiarian products; or (2) Not more than 2,000 acres of tangible real property, excluding the value of any improvements thereon, of a single owner of the types of environmentally sensitive property specified in this paragraph and certified as such by the Department of Natural Resources, if the primary use of such property is its maintenance in its natural condition and if such owner meets the qualifications of subparagraph (C) of paragraph (1) of this subsection: (A) Environmentally sensitive areas, including any otherwise qualified land area 1,000 feet or more above the lowest elevation of the county in which such area is located that has a percentage slope, which is the difference in elevation between two points 500 feet apart on the earth divided by the horizontal distance between those two points, of 25 percent or greater and shall include the crests, summits, and ridge tops which lie at elevations higher than any such area; (B) Wetland areas that are determined by the United States Army Corps of Engineers to be wetlands under their jurisdiction pursuant to Section 404 of the federal Clean Water Act, as amended, or wetland areas that are depicted or delineated on maps compiled by the Department of Natural Resources or the United States Fish and Wildlife Service pursuant to its National Wetlands Inventory Program; (C) Significant ground-water recharge areas as identified on maps or data compiled by the Department of Natural Resources; (D) Undeveloped barrier islands or portions thereof as provided for in the federal Coastal Barrier Resources Act, as amended;
(E) Habitats as certified by the Department of Natural Resources as containing species that have been listed as either endangered or threatened under the federal Endangered Species Act of 1973, as amended; and
(F) River corridors which shall be defined as those undeveloped lands adjacent to rivers and perennial streams that are within the 100 year flood plain as depicted on official maps prepared by the Federal Emergency Management Agency,
(b) The following additional rules shall apply to the qualification of conservation use property for current use assessment:
(1) When one-half or more of the area of a single tract of real property is used for a qualifying purpose, then such tract shall be considered as used for such qualifying purpose unless some other type of business is being operated on the unused portion; provided, however, that such unused portion must be minimally managed so that it does not contribute significantly to erosion or other environmental or conservation problems. The lease of hunting rights shall not constitute another type of business;
(2) The owner of a tract, lot, or parcel of land totaling less than ten acres may be required by the tax assessor to submit additional relevant records regarding proof of bona fide conservation use;
(3) No property shall qualify as bona fide conservation use property if such current use assessment would result in any person who has a beneficial interest in such

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property, including any interest in the nature of stock ownership, receiving in any tax year any benefit of current use assessment as to more than 2,000 acres. If any taxpayer has any beneficial interest in more than 2,000 acres of tangible real property which is devoted to bona fide conservation uses, such taxpayer shall apply for current use assessment only as to 2,000 acres of such land; and
(4) No property shall qualify as bona fide conservation use property if it is leased to a person or entity which would not be entitled to conservation use assessment.
(c) For purposes of this article, the term 'bona fide residential transitional property' means not more than five acres of tangible real property of a single owner which is private single-family residential owner occupied property located in a transitional developing area. Such classification shall apply to all otherwise qualified real property which is located in an area which is undergoing a change in use from single-family residential use to agricultural, commercial, industrial, office-institutional, multifamily, or utility use or a combination of such uses. Change in use may be evidenced by recent zoning changes, purchase by a developer, affidavits of intent, or close proximity to property which has undergone a change from single-family residential use. To qualify as residential transi-
tional property, the valuation must reflect a change in value attributable to such property's proximity to or location in a transitional area.
(d) No property shall qualify for current use assessment under this Code section
unless and until the owner of such property agrees by covenant with the appropriate taxing authority to maintain the eligible property in bona fide qualifying use for a period of ten years beginning on the first day of January of the year in which such property qualifies for such current use assessment and ending on the last day of December
of the final year of the covenant period. After the owner has applied for and has been allowed current use assessment provided for in this Code section, it shall not be neces-
sary to make application thereafter for any year in which the covenant period is in effect and current use assessment shall continue to be allowed such owner as specified in this Code section. Upon the expiration of any covenant period, the property shall not qualify
for further current use assessment under this Code section unless and until the owner of the property has entered into a renewal covenant for an additional period of ten years.
(e) A single owner shall be authorized to enter into more than one covenant under this Code section for bona fide conservation use property, provided that the aggregate
number of acres of qualified property of such owner to be entered into such covenants does not exceed 2,000 acres. Any such qualified property may include a tract or tracts
of land which are located in more than one county. A single owner shall be authorized to enter qualified property in a covenant for bona fide conservation use purposes and to enter simultaneously the residence located on such property in a covenant for bona
fide residential transitional use if the qualifications for each such covenant are met. A single owner shall be authorized to enter qualified property in a covenant for bona fide
conservation use purposes and to enter other qualified property of such owner in a covenant for bona fide residential transitional use.
(f) An owner shall not be authorized to make application for and receive current use assessment under this Code section for any property which at the time of such application is receiving preferential assessment under Code Section 48-5-7.1 except that such
owner shall be authorized to change such preferential assessment covenant in the manner provided for in subsection (s) of Code Section 48-5-7.1.
(g) Except as otherwise provided in this subsection, no property shall maintain its eligibility for current use assessment under this Code section unless a valid covenant
remains in effect and unless the property is continuously devoted to an applicable bona fide qualifying use during the entire period of the covenant. An owner shall be autho-
rized to change the type of bona fide qualifying conservation use of the property to another bona fide qualifying conservation use and the penalty imposed by subsection (1) of this Code section shall not apply, but such owner shall give notice of any such change
in use to the board of tax assessors. (h) If any breach of a covenant occurs, the existing covenant shall be terminated and
all qualification requirements must be met again before the property shall be eligible for current use assessment under this Code section.

FRIDAY, MARCH 15, 1991

2685

(i) If ownership of all or a part of the property is acquired during a covenant period by a person or entity qualified to enter into an original covenant, then the original covenant may be continued by such acquiring party for the remainder of the term, in which event no breach of the covenant shall be deemed to have occurred,
(j) (1) All applications for current use assessment under this Code section, including the covenant agreement required under this Code section, shall be filed on or before the last day for filing ad valorem tax returns in the county for the tax year for which such current use assessment is sought, except that in the case of property which is the subject of a reassessment by the board of tax assessors an application for current use assessment may be filed in conjunction with or in lieu of an appeal of the reassessment. An application for continuation of such current use assessment upon a change in ownership of all or a part of the qualified property shall be filed on or before the last date for filing tax returns in the year following the year in which the change in ownership occurred. Applications for current use assessment under this Code section shall be filed with the county board of tax assessors who shall approve or deny the application. If the application is denied, the board of tax assessors shall notify the applicant in the same manner that notices of assessment are given pursuant to Code Section 48-5-306. Appeals from the denial of an application by the board of tax assessors shall be made in the same manner that other property tax appeals are made pursuant to Code Section 48-5-311.
(2) In the event such application is approved, the taxpayer shall continue to receive annual notification of any change in the fair market value of such property and any appeals with respect to such valuation shall be made in the same manner as other property tax appeals are made pursuant to Code Section 48-5-311. (k) The commissioner shall by regulation provide uniform application and covenant forms to be used in making application for current use assessment under this Code section. Such application shall include an oath or affirmation by the taxpayer that he is in compliance with the provisions of paragraphs (3) and (4) of subsection (b) of this Code section. (1) A penalty shall be imposed under this subsection if during the period of the covenant entered into by a taxpayer the covenant is breached. The penalty shall be applicable to the entire tract which is the subject of the covenant and shall be twice the difference between the total amount of tax paid pursuant to current use assessment under this Code section and the total amount of taxes which would otherwise have been due under this chapter for each completed or partially completed year of the covenant period. Any such penalty shall bear interest at the rate specified in Code Section 48-2-40 from the date the covenant is breached. (m) Penalties and interest imposed under this Code section shall constitute a lien against the property and shall be collected in the same manner as unpaid ad valorem taxes are collected. Such penalties and interest shall be distributed pro rata to each taxing jurisdiction wherein current use assessment under this Code section has been granted based upon the total amount by which such current use assessment has reduced taxes for each such taxing jurisdiction on the property in question as provided in this Code section.
(n) The penalty imposed by subsection (1) of this Code section shall not apply in any case where a covenant is breached solely as a result of:
(1) The acquisition of part or all of the property under the power of eminent domain;
(2) The sale of part or all of the property to a public or private entity which would have had the authority to acquire the property under the power of eminent domain; or
(3) The death of an owner who was a party to the covenant.
(o) The transfer of a part of the property subject to a covenant for a bona fide conservation use shall not constitute a breach of a covenant if:
(1) The part of the property so transferred is used for single-family residential purposes, starting within one year of the date of transfer and continuing for the remainder of the covenant period, and the residence is occupied by a person who is

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related within the fourth degree of civil reckoning to an owner of the property subject to the covenant; and
(2) The part of the property so transferred, taken together with any other part of the property so transferred to the same relative during the covenant period, does not exceed a total of five acres; and in any such case the property so transferred shall not be eligible for a covenant for bona fide conservation use, but shall, if otherwise qualified, be eligible for current use assessment as residential transitional property and the remainder of the property from which such transfer was made shall continue under the existing covenant until a terminating breach occurs or until the end of the specified covenant period.
(p) The following shall not constitute a breach of a covenant: (1) Mineral exploration of the property subject to the covenant or the leasing of
the property subject to the covenant for purposes of mineral exploration if the primary use of the property continues to be the good faith production from or on the land of agricultural products; or
(2) Allowing all or part of the property subject to the covenant to lie fallow or idle for purposes of any land conservation program, for purposes of any federal agricultural assistance program, or for other agricultural management purposes, (q) In the following cases, the penalty specified by subsection (1) of this Code section shall not apply and the penalty imposed shall be the amount by which current use assessment has reduced taxes otherwise due for the year in which the covenant is
breached, such penalty to bear interest at the rate specified in Code Section 48-2-40 from the date of the breach:
(1) Any case in which a covenant is breached solely as a result of the foreclosure of a deed to secure debt or the property is conveyed to the lienholder without com-
pensation and in lieu of foreclosure, if: (A) the deed to secure debt was executed as a part of a bona fide commercial loan transaction in which the grantor of the deed
to secure debt received consideration equal in value to the principal amount of the debt secured by the deed to secure debt; (B) the loan was made by a person or financial institution who or which is regularly engaged in the business of making loans; and
(C) the deed to secure debt was intended by the parties as security for the loan and was not intended for the purpose of carrying out a transfer which would otherwise be
subject to the penalty specified by subsection (1) of this Code section; or (2) Any case in which a covenant is breached solely as a result of a medically
demonstrable illness or disability which renders the owner of the real property physically unable to continue the property in the qualifying use, provided that the board of tax assessors shall require satisfactory evidence which clearly demonstrates that the
breach is the result of a medically demonstrable illness or disability, (r) Property which is subject to current use assessment under this Code section shall
be separately classified from all other property on the tax digest; and such separate classification shall be such as will enable any person examining the tax digest to ascertain readily that the property is subject to current use assessment under this Code section.
Covenants shall be public records and shall be indexed and maintained in such manner as will allow members of the public to locate readily the covenant affecting any particu-
lar property subject to current use assessment under this Code section. Based on information submitted by the county boards of tax assessors, the commissioner shall
maintain a central registry of conservation use property, indexed by owners, so as to ensure that the 2,000 acre limitations of this Code section are complied with on a statewide basis.
(a) The commissioner shall annually submit a report to the Governor and the House Ways and Means, Natural Resources, and Agriculture and Consumer Affairs committees
and the Senate Finance and Public Utilities, Natural Resources, and Agriculture committees and shall make such report available to other members of the General Assembly,
which report shall show the fiscal impact of the assessments provided for in this Code section. The report shall include the amount of assessed value eliminated from each
county's digest as a result of such assessments; approximate tax dollar losses, by county, to all local governments affected by such assessments; and any recommendations regard-
ing state and local administration of this Code section, with emphasis upon enforcement

FRIDAY, MARCH 15, 1991

2687

problems, if any, attendant with this Code section. The report shall also include any other data or facts which the commissioner deems relevant.
48-5-7.5. (a) Standing timber shall be assessed for ad valorem taxation only once and such assessment shall be made following its harvest or sale as provided for in this Code section. Such timber shall be subject to ad valorem taxation notwithstanding the fact that the underlying land is exempt from taxation, unless such taxation is prohibited by federal law or treaty. Such timber shall be assessed at 100 percent of its fair market value and shall be taxed on a levy made by each respective taxing jurisdiction according to such 100 percent fair market value. Such assessment shall be made in the county where the timber was grown and shall be taxable by that county and any other taxing jurisdiction therein in which the timber was grown.
(b) For purposes of this Code section, the term 'sale' of timber shall mean the arm's length, bona fide sale of standing timber for harvest separate and apart from the underlying land and shall not include the simultaneous sale of a tract of land and the timber thereon.
(c) Lump sum sales. (1) Where standing timber is sold, in an arm's length, bona fide sale, by timber
deed, contract, lease, agreement, or otherwise to be harvested within a three-year period after the date of the sale and for a lump sum price, so much of said timber
as will be harvested within three years shall be assessed for taxation as of the date of the sale. The fair market value of such timber for purposes of ad valorem taxation
shall be the lump sum price paid by the purchaser in the arm's length, bona fide sale. Any timber described in any sale instrument which is not harvested within three years after the date of the sale shall later be assessed for taxation following its future har-
vest or sale. Ad valorem taxes shall be payable by the seller and shall be calculated by multiplying the 100 percent fair market value of the timber times the millage rate
applicable at the time of the sale. Immediately upon receipt by the seller of the purchase price, the seller shall remit to the purchaser the amount of ad valorem tax due on the sale, in the form of a negotiable instrument payable to the tax collector or tax
commissioner. Such negotiable instrument shall be remitted by the purchaser to the tax collector or tax commissioner not later than five days after receipt of the tax from the seller. A purchaser failing to make such remittance shall be personally liable for
the tax. With said remittance, the purchaser shall present to the board of tax assessors and to the tax collector or tax commissioner a report of the sale showing the
lump sum sales price of the standing timber, the date of sale, the addresses of the seller and purchaser, and the location of the standing timber in the county. The tax
collector or tax commissioner shall collect from the purchaser the seller's negotiable instrument in payment of the tax; and a receipt showing payment of the tax shall
promptly be delivered by the tax collector or tax commissioner to the seller. (2) Upon request of the purchaser, the tax collector or tax commissioner shall
enter upon or attach to the instrument conveying the standing timber a certification
that the ad valorem tax has been paid, the date, and the amount of the tax. The certificate shall be signed by the tax collector or tax commissioner or his deputy. The
purchaser may then present the instrument together with the certificate to the clerk of superior court of the county or counties in which the standing timber is located,
who shall then file the instrument for record. The ad valorem tax levied under this subsection on lump sum sales of standing timber shall be paid to the tax collector or tax commissioner prior to and as a prerequisite to the filing for record of the instru-
ment with the clerk of superior court, and the clerk shall not be permitted to file the instrument for record unless the instrument discloses on its face the proper certificate
showing that the tax has been paid; and the certificate shall be recorded with the instrument.
(d) Unit price sales. (1) Any person purchasing standing timber, in an arm's length, bona fide sale, by
timber deed, contract, lease, agreement, or otherwise by unit prices shall furnish a report to the seller and the county board of tax assessors within 45 days after the end of each calendar quarter. The report shall show the total dollar value of standing tim-
ber paid to the seller and the volume, in pounds, if available, or measured volume,

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of softwood and hardwood pulpwood, chip and saw logs, saw timber, poles, posts, and fuel wood harvested. Such report shall include such data through the last business day of the calendar quarter, the names and addresses of the seller and the purchaser, and the location of the harvested timber. A copy of such report shall also be furnished by the seller to the tax assessors within 60 days after the end of the calendar quarter. The fair market value of such timber for purposes of ad valorem taxation shall be the total dollar values paid by the purchaser in the arm's length, bona fide sale. Ad valorem taxes shall be payable by the seller in the unit price sales transaction as provided in subsection (h) of this Code section and shall be calculated by multiplying the 100 percent fair market value of the timber times the millage rate applicable at the time of the harvest.
(2) Reports to the tax assessors shall be confidential, shall not be revealed to any person other than authorized tax officials, and shall be exempt from disclosure under Article 4 of Chapter 18 of Title 50. (e) Owner harvests. Owners of real property in this state who harvest standing timber from their own lands shall report the volume, in pounds, if available, or measured volume, of softwood and hardwood pulpwood, chip and saw logs, saw timber, poles, posts, and fuel wood harvested through the last business day of each calendar quarter from said lands to the tax assessors within 45 days after the end of each calendar quarter. Such reports shall also identify the location of the tract from which the standing timber was harvested. The fair market value of such timber for purposes of ad valorem taxation shall be as determined under subsection (g) of this Code section. Ad valorem taxes shall be paid by the landowner as provided in subsection (h) of this Code section and shall be calculated by multiplying the 100 percent fair market value of the timber times the millage rate applicable at the time of the harvest.
(f) Other sales and harvests. Every sale and every harvest of timber not previously taxed (excepting only a sale not for harvest within three years) shall be a taxable event. If any such sale or harvest is not a reportable taxable event described under subsection (c), (d), or (e) of this Code section, such timber shall be subject to ad valorem taxation under this subsection; and such sale or harvest shall be reported and taxed under the provisions of subsection (c), (d), or (e) of this Code section, whichever is most nearly applicable.
(g) The commissioner, after consultation with the Georgia Forestry Commission, shall provide the tax assessors of each county with the weighted average price paid, in pounds and measured volume, during each calendar quarter for softwood and hardwood pulpwood, chip and saw logs, saw timber, poles, posts, and fuel wood in each county or multicounty area within 60 days of the end of each calendar quarter. The most recent weighted average prices provided by the commissioner shall be applied by the tax assessors to the volume of wood removals reported as provided in this Code section to determine the fair market value of timber harvested other than under a taxable lump sum sale or taxable unit price sale.
(h) (1) Based on the reports and data provided under subsections (d), (e), (f), and (g) of this Code section, the tax collector or tax commissioner shall on a quarterly basis mail tax bills for sales and harvests other than lump sum sales. Ad valorem taxes on such sales and harvests shall be payable by the landowner within 30 days of receipt of the bill from the tax collector or tax commissioner.
(2) Any ad valorem tax or penalty which is not timely paid as provided in this Code section shall bear interest at the rate specified in Code Section 48-2-40 from the due date. Unpaid taxes, penalty, and interest imposed under this Code section shall constitute a lien against the property of the person responsible for payment of such tax and shall be collected in the same manner as other unpaid ad valorem taxes are collected.
(i) The millage rate applicable at the time of sale or the time of harvest of standing timber shall be the millage rate for the preceding year until the taxing jurisdiction adopts a millage rate for the current year, whereupon the newly adopted millage rate shall be applicable beginning on the first day of the calendar quarter immediately succeeding the calendar quarter in which the new rate was adopted.

FRIDAY, MARCH 15, 1991

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(j) Any person who fails to timely make any report or disclosure required by this Code section shall pay a penalty of 50 percent of the tax due, except that if the failure to comply is unintentional and the report or disclosure is filed within 12 months after the due date the amount of the penalty shall be 1 percent for each month or part of a month that the report or disclosure is late.
(k) Forms for reports required by this Code section shall be supplied to each county by the department.
(1) (1) In any county in which the ad valorem taxation of timber pursuant to this Code section reduces the total property tax digest of such county for tax year 1992 by more than 20 percent of the amount of the total property tax digest of such county for the immediately preceding taxable year, such digest shall be supplemented as fol-
lows: (A) The difference between the total property tax digest for the county and the
total property tax digest less the total assessed value of standing timber removed from the digest shall be calculated;
(B) The difference calculated under subparagraph (A) of this paragraph shall be reduced by the fair market value of sold or harvested timber; and
(C) If the amount calculated under subparagraph (B) of this paragraph is more than 20 percent of the amount of the total property tax digest of such county for the immediately preceding taxable year, the resulting amount shall be assigned and taxed on a levy made by the tax officials of such county in a pro rata manner against the land underlying the standing timber so removed from the digest. (2) Where a digest is so supplemented for tax year 1992, it shall be supplemented in subsequent years as follows:
(A) For tax year 1993, such supplemental assessment shall be in an amount equal to 75 percent of the supplemental assessment received for tax year 1992;
(B) For tax year 1994, such supplemental assessment shall be in an amount equal to 50 percent of the supplemental assessment received for tax year 1992;
(C) For tax year 1995, such supplemental assessment shall be in an amount equal to 25 percent of the supplemental assessment received for tax year 1992; and
(D) For tax year 1996 and future tax years, no supplemental assessment shall be received. (m) (1) Any supplemental assessment added to a digest pursuant to subsection (1) of this Code section shall not be included in the calculation of the equalized adjusted school property tax digest under Code Section 48-5-274 for the purpose of calculating the required local fair share for school funding purposes under Code Section 20-2-164. (2) The fair market value of timber harvested or sold added to a digest pursuant to this Code section shall be included in the calculation of the equalized adjusted school property tax digest under Code Section 48-5-274 for the purpose of calculating the required local fair share for school funding purposes under Code Section 20-2-164."
Section 7. Said chapter is further amended by striking Code Section 48-5-32, relating to publication by counties of ad valorem tax rates, and inserting in its place a new Code Section 48-5-32 to read as follows:
"48-5-32. (a) At least two weeks prior to the establishment of the millage rate for ad valorem tax purposes for the current calendar year, the governing authority of each county shall cause a report to be published in a newspaper of general circulation which is the legal organ of such county throughout the county. Such report shall be in a prominent location in such newspaper and shall not be included with legal advertisements. The size and location of the advertisement shall not be grounds for contesting the validity of the levy. Such report shall contain the following:
(1) The assessed taxable value of all property, by class and in total, which is subject to ad valorem taxation for county purposes for the current calendar year and such assessed taxable values and the millage rates for county purposes for each of the immediately preceding five fiscal calendar years within the taxing jurisdiction, as well as the total dollar amount of ad valorem tax revenue for county purposes for each of the immediately preceding five calendar years. The information required for each year

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specified in this paragraph shall also indicate the percentage increase and total dollar increase with respect to the immediately preceding calendar year; and
(2) The assessed taxable value of all property, by class and in total, which is subject to ad valorem taxation for school purposes for the current calendar year and such assessed taxable values and the millage rates for school purposes for the immediately preceding five calendar years within the taxing jurisdiction, as well as the total dollar amount of ad valorem tax revenue for school purposes for each of the immediately preceding five calendar years. The information required for each year specified in this paragraph shall also indicate the percentage increase and total dollar increase with respect to the immediately preceding calendar year. (b) The commissioner shall not accept for review the digest of any county which does not submit simultaneously a copy of such published report with such digest. In the event a digest is not accepted for review by the commissioner pursuant to this subsection, it shall be accepted for review upon satisfactory submission by such county of a copy of such published report."
Section 8. Said chapter is further amended by adding a new Code section immediately following Code Section 48-5-32, to be designated Code Section 48-5-32.1, to read as follows:
"48-5-32.1. (a) As used in this Code section, the term: (1) 'Ad valorem tax' or 'property tax' means a tax imposed upon the assessed value
of property. (2) 'Certified tax digest' means that annual property tax digest certified by the tax
commissioner of a taxing jurisdiction to the Department of Revenue and approved by the state revenue commissioner.
(3) 'Governing authority' means that official or group of officials responsible for the governing of a taxing jurisdiction.
(4) 'Mill' means one one-thousandth of a United States dollar. (5) 'Millage' or 'millage rate' means the levy, in mills, which is established by the governing authority for purposes of financing, in whole or in part, the taxing jurisdiction's expenses for their fiscal year. (6) 'Roll-back rate' means the millage rate levied in the fiscal year immediately preceding the new fiscal year minus the millage equivalent of the values added by reassessment certified by the tax assessor. (7) 'Taxing jurisdiction' means a county or municipality, a county, independent, or area school district, or a consolidated city-county government or other political subdivision of the state which exercises the power to levy or which causes to be levied ad valorem taxes to carry out its purposes. (8) 'Values added by reassessments' means all taxable assessed values added to the certified tax digest as a result of revaluation of existing real property, not including taxable values added as a result of new construction or additions or deletions of structures from the most recent certified tax digest or additions or deletions in the aggregate taxable value of property other than real property. (b) On or before October 1 of each year, the tax receiver or tax commissioner shall certify to the governing authority of each taxing jurisdiction: (1) The assessed taxable value of all property, including harvested timber, by class of property and in total, which is subject to taxation for that fiscal year within the taxing jurisdiction; (2) The assessed taxable value contained in the certified tax digest for that fiscal year which was added by reassessment of existing properties; and (3) Instructions describing the method to compute a millage rate for the next fiscal year which, exclusive of values added by new construction, additions, deletions, and property added or deleted due to geographic boundary changes but inclusive of values added by reassessments, will provide the same ad valorem tax revenue for the taxing jurisdiction's next fiscal year as was levied during the current fiscal year. (c) (1) No millage for the fiscal year beginning in 1992 and any year thereafter may be levied until the governing authority of the taxing jurisdiction adopts a resolution or ordinance which specifies the millage rate. The resolution or ordinance shall be

FRIDAY, MARCH 15, 1991

2691

adopted at an advertised public meeting and at a time and place which is convenient to the taxpayers of the taxing jurisdiction and shall be adopted only after the governing authority of the taxing jurisdiction has complied with the provisions of this Code section. Whenever a governing authority shall propose to adopt a millage rate which does not exceed the roll-back rate, it may establish its millage rate pursuant to this paragraph (1).
(2) In those instances in which the governing authority proposes to establish any millage rate which would require increases beyond the roll-back rate, the governing authority shall advertise its intent to do so. The governing authority shall place an advertisement in a newspaper of general circulation serving the residents of the unit of local government, which shall read as follows:
'NOTICE OF PROPERTY TAX INCREASE The (name of governing authority) has tentatively adopted a millage rate which will require an increase in property taxes by (percentage increase over roll-back rate) percent. All concerned citizens are invited to the public hearing on this tax increase to be held at (place of meeting) on (date and time).' Simultaneously with this notice the governing authority shall provide a press release to the local media. (3) The advertisement shall appear at least one week prior to the hearing and shall be prominently displayed and shall not be placed in that section of the newspaper where legal notices appear. (4) The ordinance or resolution adopting the final millage rate may be adopted at any public meeting at any time after the hearing and shall specify the roll-back rate and the final millage rate. In no event shall the governing authority levy a millage rate in excess of the proposed millage rate as established pursuant to paragraph (2) of this subsection. (5) Any notice or hearing required under this Code section may be combined with any notice or hearing required under Article 1 of Chapter 81 of Title 36. Nothing in this Code section shall be deemed to preclude the conduct of further hearings, if the governing authority deems such hearings necessary and complies with the general notice requirements of paragraphs (1) and (2) of this subsection. (6) A subsequent adjustment in the millage rate for the then current tax year made by the governing authority of any taxing jurisdiction to effect the adjustments required by Article 5A of this chapter shall not require new advertisement and hearings as required in this Code section, (d) Nothing contained in this Code section shall serve to extend or authorize any millage rate in excess of the maximum millage rate permitted by law or to prevent the reduction of the millage rate."
Section 9. Said chapter is further amended by striking Code Section 48-5-33, relating to inclusion of standing timber as part of real property, which reads as follows:
"48-5-33. In the returning, appraisal, and assessment of tangible property, standing timber shall be included for all purposes as a part of the real property upon which it is located, and such standing timber shall not constitute a separate stratum of property.", and inserting in its place the following:
"48-5-33. Reserved."
Section 10. Said chapter is further amended by striking Code Section 48-5-269, relating to rules and regulations concerning appraisal and assessment of property, and inserting in its place a new Code section to read as follows:
"48-5-269. (a) Subject to the limitations contained in Chapter 2 of this title, the commissioner may promulgate rules and regulations specifically regarding this part, including, but not limited to, the following:
(1) Prescription of the forms, books, and records to be used for standard property tax reporting for all taxing units, including, but not limited to, the forms, books, and

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records to be used in the listing, appraisal, and assessment of property and how the forms, books, and records shall be compiled and kept;
(2) Prescription of the form and content of state-wide, uniform appraisal and assessment forms, books, and manuals;
(3) Development and prescription of procedures under which property sales ratio surveys shall be conducted; and
(4) Prescription of methods and procedures by which identification data, appraisal and assessment data, sales data, and any other information relating to the appraisal and assessment of property shall be furnished to the department using electronic data-processing data processing systems and equipment. (b) The commissioner shall promulgate after consultation with the Department of Agriculture, the Georgia Agricultural Statistical Service, the Georgia Forestry Commission, the Department of Natural Resources, and the Cooperative Extension Service, and county tax officials shall follow uniform rules and regulations establishing the current use value of bona fide conservation use property. Such rules and regulations shall apply to the evaluation of bona fide conservation use property, exclusive of any improvements thereon, which improvements shall have their current use value determined as otherwise provided by law. Such rules and regulations shall include, but not be limited to, the following provisions and criteria:
(1) Sales data for arm's length, bona fide sales of comparable real property with and for the same existing use and per-acre property values determined by the capitalization of net income, with sales data to be weighted 35 percent and income capitalization values to be weighted 65 percent. Income capitalization values shall be derived from the respective conservation use property classifications, with consideration given to productivity of the respective major geological or geographical regions, and for this
(A) Net income shall be determined for: (i) Crop land by calculating the five-year weighted average of per-acre net
income from the major predominant acreage crops harvested in Georgia, and as used in this division, the term 'predominant acreage crops' means the top acreage crops with production in no less than 125 counties of the state;
(ii) Pasture property by calculating a five-year weighted average of per-acre rental rates from pasture land; and
(iii) Forest property by calculating a five-year weighted average of per-acre net income from hardwood and softwood harvested in Georgia; and (B) The capitalization rate shall be based upon:
(i) The long-term financing rate available on January 1 from the Regional Federal Land Bank located in Columbia, South Carolina, and published pursuant to 26 U.S.C. Section 2032A(e)(7)(A)(ii), further referenced bjr regulations 26 C.F.R. 20.2032A-4(e);
(ii) The arithmetic mean of Federal Farm Credit bond yields, whose maturity is no less than five years in the future, as published in the Wall Street Journal on January 1 or the most recent business day of the current year, rounded to the nearest hundredth; and
(iii) For the purpose of determining the income capitalization rate, divisions (i) and (ii) of this subparagraph shall be given weighted influences of 80 percent and 20 percent, respectively; (2) The state shall be divided into appropriate geographical regions for the purpose of determining any calculation under this subsection;
(3) In no event may the current use value of any conservation use property increase or decrease during a covenant period by more than 4 percent from its current use value for the previous taxable year or increase or decrease during a covenant period by more than 25 percent from the first year of the covenant period; and
(4) Environmentally sensitive properties as certified by the Department of Natural Resources shall be valued according to the average value determined for property of the same or similar soil type, as determined under paragraphs (1) and (2) of this subsection."

FRIDAY, MARCH 15, 1991

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Section 11. Said chapter is further amended by striking subsection (a) of Code Section 48-5-274, relating to the establishment of the equalized adjusted school property tax digest, and inserting in its place a new subsection (a) to read as follows:
"(a) The state auditor shall establish on a continuing basis, no later than November 15 in each year, an equalized adjusted school property tax digest for each county in the state and for the state as a whole for the current calendar year. All real and personal property exempted from taxation for school purposes shall be excluded from the digest. The state auditor may establish a unit within the Department of Audits and Accounts consisting of such number of personnel as is deemed necessary in order to establish and maintain on a continuing basis the equalized adjusted school property tax digest. The equalized adjusted school property tax digest shall be established and maintained as follows:
(1) Determine the locally assessed valuation of the county property tax assessment digest for the preceding calendar year, exclusive of real and personal property exempted from taxation for school purposes and of railroad equipment company property shown on the county railroad equipment company property tax digest^ exclusive of any property subject to current use valuation on the county property tax digest, and exclusive of the locally assessed valuation of timber harvested or sold;
(1.1) Determine the locally assessed valuation for timber harvested or sold during the calendar year;
(2) Divide the sum of the locally assessed valuation of the county property tax assessment digest under paragraph (1) of this subsection by the ratio of assessed value to true value of the property established by the state auditor in accordance with paragraph (5) of this subsection;
(3) Determine the sum of the assessed valuation of the county railroad equipment company property tax digest for the preceding calendar year and divide such sum by the equalization ratio for the year established by the commissioner for the purpose of assessing railroad equipment company properties throughout the state;
(3.1) Determine the sum of the assessed current use valuation of the county property tax digest;
(4) The total of the sums obtained through the calculations prescribed in paragraphs (1.1), (2)j and (3)2 and (3.1) of this subsection shall be known as the current equalized adjusted school property tax digest of the county. The sum of the current equalized adjusted school property tax digest of all counties of the state combined shall be known as the current equalized adjusted school property tax digest for the state as a whole; and
(5) Establish for each county in the state the average ratio of assessed value to true value of county property subject to taxation for school purposes, excluding railroad equipment company property. The ratio shall be determined by establishing the ratio of assessed value to sales price for a representative number of parcels of real property title to which was transferred during a preceding period of time, such period
to be determined by the state auditor, and by establishing the average ratio of assessed value to sales price for the county as a whole based upon a representative
number of usable transactions studied. The representative number of parcels of real property used for the study shall not include any parcel title to which was transferred
pursuant to the exercise of the power of eminent domain. No single parcel included in the study shall have a sales price which exceeds 10 percent of the total sales price
of all parcels included in the study. The state auditor shall supplement realty sales
price data available in any county with actual appraisals of a representative number of parcels of farm property and industrial and commercial property located within the
county, the title to which was not transferred within the period of time determined by the state auditor. The state auditor may make appraisals on other types of real
property located within the county when adequate reliable sales data cannot be obtained on such property. The state auditor shall use the same ratio for other per-
sonal property, excluding motor vehicles, within the county as is finally determined
for real property within the county."

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Section 12. Code Section 12-2-4 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Natural Resources, is amended by adding at its end a new subsection (k) to read as follows:
"(k) The department shall without any fee therefor accept applications for certification of environmentally sensitive conservation use property as provided for in Code Section 48-5-7.4 and shall certify property to local boards of tax assessors as meeting or not meeting the criteria of such Code section."
Section 13. Code Section 20-2-164 of the Official Code of Georgia Annotated, relating to local fair share funds, is amended by striking subsection (a) and inserting in its place a new subsection (a) to read as follows:
"(a) The State Board of Education shall calculate the amount of local fair share funds that each local school system shall be required to spend each fiscal year to support the Quality Basic Education Program; provided, however, that the local fair share for any local school system shall not exceed one-half ef, for fiscal year 1992 only, 75 percent of the amount calculated pursuant to paragraph (1) of subsection (a) of Code Section 20-2-166. For fiscal year 1993 and every year thereafter, the local fair share for any local school system shall not exceed the amount calculated pursuant to paragraph <4) of subsection {a) {cj of Code Section 20-2-166 20-2-161. The amount of each local school system's local fair share shall be calculated as follows:
(1) Multiply 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 Af 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;
(2) From the product amount calculated in paragraph (1) of this subsection deduct the total amount calculated pursuant to subsection (g) of this Code section; and
(3) Multiply the remainder calculated in paragraph (2) of this subsection by .005."
Section 14. To assist counties and boards of education in planning, volumes of standing timber harvested in each county through the last business day of the second and third quarters of 1991 shall be reported by the purchaser, or by the harvester if there is no purchaser, to the tax assessors of the county or counties in which the timber was harvested by November 15, 1991. Such reports shall show the number of pounds, if available, or measured volume of softwood and hardwood pulpwood, chip and saw logs, saw timber, poles, posts, and fuel wood so harvested. The commissioner, after consultation with the Georgia Forestry Commission, shall provide the tax assessor of each county with the weighted average unit price in pounds and measured volume paid through the last business day of such period for each such product class, no later than November 15, 1991.
Section 15. This Act shall be applicable beginning January 1, 1992, with respect to ad valorem taxation of timber and shall be applicable beginning January 1, 1992, for all other purposes, except that Section 14 of this Act shall become effective immediately upon its becoming law. Taxation for prior periods shall continue to be governed by prior law.
Section 16. All laws and parts of laws in conflict with this Act are repealed.

Representative Dover of the llth moved that the House adopt the report of the Committee of Conference on HB 283.
On the motion, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams YAiken Y Alford Y Atkins
Baker YBalkcom Y Barfbot

Y Bargeron Y Barnett,B Y Barnett.M Y Bates Y Beatty Y Benefleld Y Birdsong Y Blitch

Y Bordeaux Y Bostick Y Branch Y Breedlove N Brooks Y Brown Y Brush Y Buck

Y Buckner Y Byrd Y Campbell Y Canty Y Carrell Y Carter Y Chafm Y Chambless

Cheeks Y Childers Y Clark.E Y Clatk.H Y Clark,L Y Coker Y Coleman
Colwell

FRIDAY, MARCH 15, 1991

2695

Y Connell Y Culbreth Y Cummings.B Y Cummings,M
Davis.G Y Davis,M Y Diion,H Y Dixon.S YDobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt
Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover
Y Hamilton Y Hammond Y Manner

Y Harris.B Y Harris,J Y Heard Y Henson Y Herbert Y Hightower Y Holland N Holmes Y Howard Y Hudson Ylrwin
Y Jackson Jamieson
Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D YLane.R Y Langford
Lawrence Y Lawson YLee
YLong YLord

Y Lucas Y Lupton YMann Y Martin
Y McCoy N McKelvey Y McKinney,B N McKinney.C Y Meadows Y Merritt YMilam
Y Mills Y Mobley
Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock
Padgett Y Parham Y Parrish
Y Patten Y Pelote Y Perry Y Pettit

On the motion, the ayes were 160, nays 7. The motion prevailed.

N Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell
Randall YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith,L Y Smith.P Y Smith.T
Y Smith,W Smyre
YSnow Y Stancil.F Y Stancil,S Y Stanley

Y Stephens Y Streat Y Taylor YTeper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest N Twiggs Y Valenti Y Vaughan Y WalkerJ Y Walker,L
Y Wall Y Ware Y Watson
Y Watts N White Y Wilder Y Williams,B
Williams,J Y Williams,R Y Yeargin
Murphy.Spkr

Due to a possible conflict of interest, Representative Lawrence of the 49th was excused from voting on HB 283.

Representatives Dunn of the 73rd and Godbee of the 110th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

Representative McKelvey of the 15th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following Resolutions of the House were read and adopted:

HR 615. By Representatives Jenkins of the 80th and Birdsong of the 104th:
A resolution recognizing and expressing support for the members of the Georgia National Guard from Jones County who are serving in Operation Desert Storm.

HR 616. By Representative Jenkins of the 80th:
A resolution expressing support for the men and women of Jasper County serving in Operation Desert Storm.

HR 617. By Representative Jenkins of the 80th:
A resolution expressing support for the men and women of Monroe County serving in Operation Desert Storm.

HR 618. By Representatives Jenkins of the 80th and Ray of the 98th:
A resolution expressing support for the men and women of Crawford County serving in Operation Desert Storm.

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HR 619. By Representative Jenkins of the 80th:
A resolution commending the Mary Persons High School Varsity Debate Team.

HR 620. By Representative Jenkins of the 80th: A resolution commending the community of Smarr, Georgia.

HR 621. By Representative Holland of the 136th: A resolution commending Miss Leigh Parkman and Miss Casey Johnson.

HR 622. By Representative Holland of the 136th: A resolution commending Lisa Chapman Barber.

HR 623. By Representative Holland of the 136th: A resolution commending the Shingler Volunteer Fire Department.

HR 624. By Representative Holland of the 136th:
A resolution commending the Concerned Citizens Organization of Ashburn and Turner County, Georgia.

HR 625. By Representative Holland of the 136th:
A resolution commemorating the 100th Anniversary of the incorporation of the City of Ashburn, Georgia.

HR 627. By Representative Holland of the 136th:
A resolution commending the Rose Garden Club of Ashburn, Georgia, on the occasion of its Golden Anniversary.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker: The Senate has disagreed to the House substitute to the following Bill of the Senate:

SB 197. By Senator Shumake of the 39th:
A bill 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 provide definitions; 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.

The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House:

HB 518. By Representative Holmes of the 28th:
A bill to amend an Act providing for urban enterprise zones in the City of Atlanta, as amended, so as to add provisions with respect to the creation of certain zones for residential purposes.

FRIDAY, MARCH 15, 1991

2697

The Senate has disagreed to the House amendment to the following Bill of the Senate:
SB 375. By Senators Albert of the 23rd and Kidd of the 25th:
A bill to amend Code Section 10-1-510 of the Official Code of Georgia Annotated, relating to duplication of works of fine art, so as to change the conditions upon which printers may agree to duplicate works of fine art; to provide for statements and forms; to change certain criminal penalties and provide for civil liability and recovery; to provide for applicability.

The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the Senate:

SB 71. By Senators Newbill of the 56th, Foster of the 50th and Collins of the 17th:
A bill to amend Code Section 20-2-282 of the Official Code of Georgia Annotated, relating to comprehensive evaluations of schools and systems, so as to change the functions to be evaluated; to provide for the designation of schools and school systems which exceed expectations and exempt them from evaluation for certain functions.

The President has appointed on the part of the Senate the following: Senators Newbill of the 56th, Deal of the 49th and Foster of the 50th.

The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

SB 71. By Senators Newbill of the 56th, Foster of the 50th and Collins of the 17th:
A bill to amend Code Section 20-2-282 of the Official Code of Georgia Annotated, relating to comprehensive evaluations of schools and systems, so as to change the functions to be evaluated; to provide for the designation of schools and school systems which exceed expectations and exempt them from evaluation for certain functions.

Representative Kilgore of the 42nd moved that the House adhere to its position in substituting SB 71 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representative Kilgore of the 42nd, Walker of the 115th and Coleman of the 118th.

The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto:

SB 197. By Senator Shumake of the 39th:
A bill 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 provide definitions; 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.

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JOURNAL OF THE HOUSE,

Representative Watson of the 114th moved that the House insist on its position in substituting SB 197.
The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 11. By Representatives Lane of the 27th, Bostick of the 138th and Hamilton of the 124th:
A bill to amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous rules of the uniform rules of the road, so as to make it unlawful for any person to possess an open container of any alcoholic beverage while operating a motor vehicle.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 11

The Committee of Conference on HB 11 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 11 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Charles C. Clay Senator, 37th District

/s/ Henry Bostick Representative, 138th District

/s/ Sonny Perdue Senator, 18th District

/s/ Dick Lane Representative, 27th District

/s/ Arthur B. Edge, IV Senator, 28th District

/s/ Harry D. Dixon Representative, 151st District

A BILL
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide that it shall be unlawful for any person to possess an open container of an alcoholic beverage while operating a motor vehicle; to provide for a definition; to provide for exceptions; to provide for a penalty; to provide that any person found guilty of possession of such open container shall be assessed two points against his license; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking in its entirety subparagraph (c)(l)(A) of Code Section 40-5-57, relating to points assessed for certain offenses, and inserting in lieu thereof a new subparagraph (A) to read as follows:
"(A) The points to be assessed for each offense shall be as provided in the following schedule:
Reckless driving............................................................................................................. 4 points
Unlawful passing of a school bus................................................................................ 6 points

FRIDAY, MARCH 15, 1991

2699

Improper passing on a hill or a curve ........................................................................ 4 points
Exceeding the speed limit by more than 14 miles per hour but less than 19 miles per hour............................................................................................................ 2 points
Exceeding the speed limit by 19 miles per hour or more but less than 24 miles per hour............................................................................................................ 3 points
Exceeding the speed limit by 24 miles per hour or more but less than 34 miles per hour............................................................................................................ 4 points
Exceeding the speed limit by 34 miles per hour or more....................................... 6 points
Disobedience of any traffic-control device or traffic officer................................... 3 points
Too fast for conditions.................................................................................................. 0 points
Possessing an open container of an alcoholic beverage while driving................... 2 points
All other moving traffic violations which are not speed limit violations............... 3 points"

Section 2. Said title is further amended by inserting at the end of Article 11 of Chapter 6, relating to miscellaneous rules of the uniform rules of the road, a new Code Section 40-6-253 to read as follows:
"40-6-253. (a) As used in this Code section, 'open container' means any container which is immediately capable of being consumed from or the seal of which has been broken.
(b) No person shall possess an open container of any alcoholic beverage while operating a vehicle in this state. For the purposes of this Code section, an open container shall be considered to be in the possession of the operator of a vehicle if the container is not in the possession of a passenger and is not located in a locked glove compartment, locked trunk, or other locked nonpassenger area of the vehicle.
(c) Any person who violates this Code section is subject to a fine not to exceed $200.00.
(d) A county or municipal corporation ordinance which imposes more stringent restrictions on the possession of alcoholic beverages in vehicles than those imposed by this Code section shall not be preempted by this Code section."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Lane of the 27th moved that the House adopt the report of the Committee of Conference on HB 11.
On the motion, the roll call was ordered and the vote was as follows:

Y Abernathy
Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom YBarfoot Y Bargeron
Barnett,B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove

Y Brooks
Y Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell Y Carter Y Chafin
Chambless Y Cheeks Y Childers Y Clark,E Y Clark.H Y Clark.L Y Coker Y Coleman Y Colwell

Y Connell
Y Culbreth Y Cummings,B
Cummings.M Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Edwards Y Elliott Y Felton Fennel Floyd,J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden

Y Goodwin
Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Hanner Y Harris,B Y Harris,J Y Heard Y Henson Y Herbert Y Hightower Y Holland Y Holmes Y Howard
Hudson Y Irwin Y Jackson

Y Jamieson
Y Jenkins Y Jones Y Kilgore Y King Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson Y Lee Y Long Y Lord Y Lucas Y Lupton Y Mann
Martin

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JOURNAL OF THE HOUSE,

YMcCoy Y McKelvey
McKinney.B
McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y 01iver,M YOrr

Y Orrock Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry Y Pettit
Pinholster Pinkston
YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell

Randall
YRay Y Reaves N Redding Y Ricketson Y Royal
Selman Y Sherrill Y Simpaon Y Sinkfield
Skipper Y Smith.L Y Smith.P
Smith,T Y Smith.W Y Smyre

Y Snow Y Stancil.F
Stancil.S Y Stanley Y Stephens Y Streat Y Taylor
Y Teper Y Thomas.C Y Thomas.M
Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest

On the motion, the ayes were 154, nays 1. The motion prevailed.

Y Twiggs Y Valenti Y Vaughan Y Walker,J
Walker.L Y Wall Y Ware
Watson Watts Y White Y Wilder Y Williams.B WilliamsJ Y Williams,R Y Yeargin Murphy.Spkr

The following Resolutions of the House were read and adopted:

HR 626. By Representative Holland of the 136th:
A resolution congratulating Mrs. Ruby Willis on the occasion of her 84th birthday.

HR 628. By Representative Campbell of the 23rd: A resolution commending The Coalition For Drug-Free North Fulton.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker: The Senate insists on its amendment to the following Bill of the House:

HB 324. By Representatives Cummings of the 134th, McKinney of the 35th, Thomas of the 55th, Brooks of the 34th, Chambless of the 133rd and others:
A bill to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to provide that it shall be unlawful for a person to knowingly sell any real or personal property in exchange for any criminally derived property.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 63. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st, Adams of the 79th and Morsberger of the 62nd:
A bill to amend Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to driving under the influence of alcohol or drugs, so as to provide for publication of the name, address, and photograph of each person convicted of driving under the influence of alcohol or drugs.

The following report of the Committee of Conference was read:

FRIDAY, MARCH 15, 1991

2701

COMMITTEE OF CONFERENCE REPORT ON HB 63

The Committee of Conference on HB 63 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 63 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Harrill L. Dawkins Senator, 45th District

/a/ Bobby E. Parham Representative, 105th District

/s/ Pete Robinson Senator, 16th District

/s/ Denmark Groover, Jr. Representative, 99th District

/s/ Earl Echols, Jr. Senator, 6th District

/s/ Bill Barnett Representative, 10th District

A BILL
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for assessment of certain drivers after a conviction of or plea of nolo contendere to driving under the influence; to provide for referral to the appropriate component of a DUI Alcohol or Drug Use Risk Reduction Program; to change the alcohol concentration level that constitutes driving under the influence; to change the alcohol concentration level that constitutes driving under the influence for persons under 18 years of age; to change provisions relating to alcohol and drug tests; to change the presumptions which rise from certain alcohol concentrations; to restrict the entry of a plea of nolo contendere by persons under age 18 to a charge of driving under the influence; to provide that a portion of the fine imposed for a third or subsequent conviction may be ordered to be used for the defendant's drug or alcohol treatment; to provide for disposition of the driver's license in an accepted plea of nolo contendere; to change certain penalty provisions applicable to driving while driver's license is suspended or revoked; to provide for publication of the name, address, and photograph of each person convicted a third time of driving under the influence of alcohol or drugs; to provide for the contents of such notice; to provide for assessment of costs of publication; to provide for immunity; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking from Code Section 40-5-1, relating to definitions relative to drivers' licenses, paragraphs (7.2) and (12.1), relating to the definitions of a First Offender DUI Alcohol or Drug Use Risk Reduction Program and a Second Offender Alcohol or Drug Use Risk Reduction Program, in their entirety and by adding a new paragraph (14) to read as follows:
"(14) 'DUI Alcohol or Drug Use Risk Reduction Program' means a program certified by the Department of .Human Resources which consists of three components: assessment, education/intervention, and intensive intervention. In the case of a first conviction or plea of nolo contendere to a violation of Code Section 40-6-391, the program administers the assessment component and, based on the results of the assessment, releases the offender or refers such offender to either the education/intervention component or the intensive intervention component. In the case of a second conviction of a violation of Code Section 40-6-391 or in any other instance in which a person may be referred to a DUI Alcohol or Drug Use Risk Reduction Program, the program administers the assessment component and, based on the results of the assessment, refers the offender or other person to either the education/intervention component or the intensive intervention component."

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JOURNAL OF THE HOUSE,

Section 2. Said title is further amended by striking subsection (a) of Code Section 40-5-55, relating to the implied consent for chemical tests, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The State of Georgia considers that the persons who are under the influence of alcohol or drugs while operating a motor vehicle or who have a blood alcohol concentration of MS 0.10 grams or more at any time within three hours after operating a motor vehicle from alcohol consumed before such driving or actual physical control ended or who have any amount of marijuana or any controlled substance without prescription present in their blood or urine, without regard to the presence of alcohol, while operating a motor vehicle constitute a direct and immediate threat to the welfare and safety of the general public. Therefore, any person who operates a motor vehicle upon the highways or elsewhere throughout this state shall be deemed to have given consent, subject to Code Section 40-6-392, to a chemical test or tests of his blood, breath, or urine or other bodily substances, for the purpose of determining the alcoholic or drug content of his blood, if arrested for any offense arising out of acts alleged to have been committed in violation of Code Section 40-6-391 or if such person is involved in any traffic accident resulting in serious injuries or fatalities. The test or tests shall be administered at the request of a law enforcement officer having reasonable grounds to believe that the person has been driving or was in actual physical control of a moving motor vehicle upon the highways or elsewhere throughout this state in violation of Code Section 40-6-391. The test or tests shall be administered as soon as possible to any person who operates a motor vehicle upon the highways or elsewhere throughout this state who is involved in any traffic accident resulting in serious injuries or fatalities. Subject to Code Section 40-6-392, the requesting law enforcement officer shall designate which of the aforesaid tests shall be administered, provided that both a blood and urine test shall be administered to any person operating a motor vehicle involved in a traffic accident resulting in serious injuries or fatalities."
Section 3. Said title is further amended by striking paragraphs (1) and (2) of subsection (a) of Code Section 40-5-63, relating to suspension of drivers' licenses, and inserting in lieu thereof new paragraphs (1) and (2) to read as follows:
"(1) Upon the first conviction of any such offense, with no arrest and conviction of and no plea of nolo contendere accepted to such offense within the previous five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for 12 months. At the end of 120 days, the person may apply to the Department of Public Safety for reinstatement of his driver's license. Such license shall be reinstated if such person submits proof of completion of a First Offender DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a restoration fee of $35.00 or $25.00 when such reinstatement is processed by mail. A driver's license suspended as a result of a conviction of a violation of Code Section 40-6-391 shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee. For purposes of this paragraph, an accepted plea of nolo contendere to an offense listed in Code Section 40-5-54 by a person who is under 18 years of age at the time of arrest shall constitute a conviction. For the purposes of this paragraph only, an accepted plea of nolo contendere by a person 18 years of age or older, with no conviction of and no plea of nolo contendere accepted to a charge of violating Code Section 40-6-391 within the previous five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall not be considered a conviction; however, the court having jurisdiction shall forward, as provided in Code Section 40-6-391.1, the record of such disposition of the case to the Department of Public Safety and the record of such disposition shall be kept on file for the purpose of considering and counting such accepted plea of nolo contendere as a conviction under
paragraphs (2) and (3) of this subsection;

FRIDAY, MARCH 15, 1991

2703

(2) Upon the second conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for three years. At the end of 120 days, the person may apply to the Department of Public Safety for reinstatement of his driver's license. Such license shall be reinstated if such person submits proof of completion of a Second Offender DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a restoration fee of $35.00 or $25.00 when processed by mail; provided that ne assessment sfeaH be required pen wjeh second conviction. For purposes of this paragraph, a plea of nolo contendere and all previous accepted pleas of nolo contendere to an offense listed in Code Section 40-5-54 within such five-year period of time shall constitute a conviction. For the purposes of this paragraph, a plea of nolo contendere to a charge of violating Code Section 40-6-391 and all prior accepted pleas of nolo contendere within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered and counted as convictions; or".
Section 4. Said title is further amended by striking subsection (a) of Code Section 40-5-68, relating to suspension of licenses for failure to complete a DUI alcohol or drug use risk reduction program, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The driver's license of any person whose plea of nolo contendere to a charge of violating Code Section 40-6-391 was accepted as provided in Code Section 40-6-391.1 but who fails to complete a fttst Offender DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources by the date specified in the court's order issued pursuant to Code Section 40-6-391.1 shall by operation of law be suspended on such date. Such license shall be suspended for a period of one year from such date. At any time after suspension begins, the person may apply to the Department of Public Safety for reinstatement of his driver's license. Such license shall be reinstated only if the person submits proof of completion of a First Offender DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a restoration fee of $35.00 or $25.00 when such reinstatement is processed by mail."
Section 5. Said title is further amended by striking in its entirety subsection (a) of Code Section 40-5-121, relating to driving while license is suspended or revoked, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Except when his license has been revoked as a habitual violator under Code Section 40-5-58, any person who drives a motor vehicle on any public highway of this state at a time when his privilege to do so is suspended, disqualified, or revoked shall be guilty of a misdemeanor for a first conviction thereof and, upon a first conviction thereof or plea of nolo contendere within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, shall be punished by imprisonment for not less than two days nor more than six months, and there may be imposed in addition thereto a fine of not mere less than $500.00 nor more than $1,000.00. For the second or subsequent conviction within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted, such person shall be guilty of a high and aggravated misdemeanor and shall be punished by imprisonment for not less than ten days nor more than 12 months and there may be imposed in addition thereto a fine of not mere less than $1,000.00 nor more than $2,500.00."
Section 6. Said title is further amended by striking subsection (a) of Code Section 40-6-391, relating to driving under the influence of alcohol or drugs, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) A person shall not drive or be in actual physical control of any moving vehicle while:

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JOURNAL OF THE HOUSE,

(1) Under the influence of alcohol to the extent that it is less safe for the person to drive;
(2) Under the influence of any drug to the extent that it is less safe for the person to drive;
(3) Under the combined influence of alcohol and any drug to the extent that it is less safe for the person to drive;
(4) The person's alcohol concentration is 9rl2 0.10 grams or more at any time within three hours after such driving or being in actual physical control from alcohol consumed before such driving or being in actual physical control ended; or
(5) Subject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in the person's blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether or not any alcohol is present in the person's breath or blood."
Section 7. Said title is further amended by striking subsection (g) of said Code Section 40-6-391 in its entirety and inserting in lieu thereof a new (g) to read as follows:
"(g) (1) If the payment of the fine required under subsection (c) of this Code section will impose an economic hardship on the defendant, the judge, at his sole discretion, may order the defendant to pay such fine in installments and such order may be enforced through a contempt proceeding or a revocation of any probation otherwise authorized by this Code section.
(2) In the sole discretion of the judge, he may suspend up to one-half of the fine imposed under paragraph (3J of subsection (c) of this Code section for a third or subsequent conviction conditioned upon the defendant's undergoing an alcohol or drug treatment program approved by the court."
Section 8. Said title is further amended by adding at the end of said Code Section 40-6-391 two new subsections (j) and (k) to read as follows:
"(j) (1) The clerk of the court in which a person is convicted a third time under subsection (c) of this Code section shall cause to be published a notice of conviction for each such person convicted. Such notices of conviction shall be published in the manner of legal notices in the legal organ of the county in which such person resides or, in the case of nonresidents, in the legal organ of the county in which the person was convicted. Such notice of conviction shall be one column wide by two inches long and shall contain the photograph taken by the arresting law enforcement agency at the time of arrest, name, and address of the convicted person and the date, time, place of arrest, and disposition of the case and shall be published once in the legal organ of the appropriate county in the second week following such conviction or as soon thereafter as publication may be made.
(2) The convicted person for which a notice of conviction is published pursuant to this subsection shall be assessed $25.00 for the cost of publication of such notice and such assessment shall be imposed at the time of conviction in addition to any other fine imposed pursuant to this Code section.
(3) The clerk of the court, the publisher of any legal organ which publishes a notice of conviction, and any other person involved in the publication of an erroneous notice of conviction shall be immune from civil or criminal liability for such erroneous publication, provided such publication was made in good faith. (k) A person under the age of 18 shall not drive or be in actual physical control of any moving vehicle while the person's alcohol concentration is 0.06 grams or more at any time within three hours after such driving or being in physical control from alcohol consumed before such driving or being in actual physical control ended. Every person convicted of violating this subsection shall be guilty of a misdemeanor for the first and second convictions and upon a third or subsequent conviction thereof be guilty of a high and aggravated misdemeanor and shall be punished and fined as provided in subsection (c) of this Code section. No plea of nolo contendere shall be accepted for any person under the age of 18 charged with a violation of this Code section."

FRIDAY, MARCH 15, 1991

2705

Section 9. Said title is further amended by striking subsection (d) of Code Section 40-6-391.1, relating to entry of a plea of nolo contendere to a charge of driving under the influence, in its entirety and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) If a plea of nolo contendere is accepted as provided in subsection (b) of this Code section, the judge shall, as a part of the disposition of the case, order the defendant to attend and complete a First Offender DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources. The order shall stipulate that the defendant shall complete such program within 120 days and that the defendant shall submit satisfactory evidence of such completion to the Department of Public Safety and the court. The court shall also require the surrender of the driver's license and shall retain such license until submission of proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program. The court shall, at the time of surrender of the driver's license to itj issue a temporary driving permit which shall expire not more than 120 days from its issuance. The defendant's driver's license shall be returned by the court immediately upon submission of proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program. The judge shall also notify the defendant that, if he fails to complete such program by the date specified in the court's order, his 120 day driving permit shall be invalid and his driver's license shall be suspended, by operation of law, as provided in Code Section 40-5-68 and shall remain suspended until the defendant completes such program."
Section 10. Said title is further amended by striking subsections (b) and (c) of Code Section 40-6-392, relating to chemical tests for alcohol or drugs in blood, in their entirety and inserting in lieu thereof new subsections (b) and (c) to read as follows:
"(b) Except as provided in subsection (c) of this Code section, upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person in violation of Code Section 40-6-391, the amount of alcohol in the person's blood at the time alleged, as shown by chemical analysis of the person's blood, urine, breath, or other bodily substance, shall give rise to the following presumptions:
(1) If there was at that time an alcohol concentration of 0.05 grams or less, it shall be presumed that the person was not under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) of subsection (a) of Code Section 40-6-391;
(2) If there was at that time an alcohol concentration in excess of 0.05 grams but less than 640 0.08 grams, such fact shall not give rise to any presumption that the person was or was not under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) of subsection (a) of Code Section 40-6-391, but such fact may be considered with other competent evidence in determining whether the person was under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) of subsection (a) of Code Section 40-6-391;
(3) If there was at that time an alcohol concentration of QM 0.08 grams or more, it shall be presumed that the person was under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) of subsection (a) of Code Section 40-6-391; and
(4) If there was at that time or within three hours after driving or being in actual physical control of a moving vehicle from alcohol consumed before such driving or being in actual physical control ended an alcohol concentration of MS 0.10 or more grams, the person shall be in violation of paragraph (4) of subsection (a) of Code Section 40-6-391. (c) (1) In any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person in violation of subsection (i) of Code Section 40-6-391, if there was at that time or within three hours after driving or being in actual physical control of a moving vehicle from alcohol consumed before such driving or being in actual physical control ended an alcohol concentration of 0.04 grams or more in the person's blood, breath, or urine, the person shall be in violation of subsection (i) of Code Section 40-6-391.
(2) In any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person in violation of subsection (k) of Code Section 40-6-391, if there was at that time or within three hours after driving or being in actual physical

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control of a moving vehicle from alcohol consumed before such driving or being in actual physical control ended an alcohol concentration of 0.06 grams or more in the person's blood, breath, or urine, the person shall be in violation of subsection (k) of Code Section 40-6-391."
Section 11. All laws and parts of laws in conflict with this Act are repealed.

Representative Parham of the 105th moved that the House adopt the report of the Committee of Conference on HB 63.
On the motion, the roll call was ordered and the vote was as follows:

Y Abemathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett,B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove N Brooks Y Brown
Brush
YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Chafm Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark,H

Y Clark,L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B Y Cummings,M Y Davis,G Y Davis.M Y Dixon,H Y Dixon,S Y Dobbs Y Dover
Dunn Y Edwards
Y Elliott Y Felton Y Fennel
Floyd,J.M Y Floyd,J.W
YFlynt Y Godbee Y Golden
Good win
Y Green Y Greene Y Griffin Y Groover Y Hamilton
Y Hammond Y Manner Y Harris,B Y Harris,J Y Heard Y Henson

Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane,R Y Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas
Y Lupton YMann Y Martin YMcCoy
Y McKelvey N McKinney.B
McKinney.C N Meadows Y Merritt
Milam Y Mills

Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry
Y Pettit Y Pinholster Y Pinkston YPoag
Y Porter Y Poston Y Powell,A
Y Powell.C Y Purcell Y Randall YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L

Y Smith.P Y Smith,T Y Smith,W Y Smyre
YSnow Stancil,F
Y Stancil.S Y Stanley
Y Stephens Y Streat Y Taylor Y Teper
Y Thomas.C Y Thomas,M Y Thomas.N Y Thurmond Y Titus Y Tolbert
Townsend
Y Turnquest Y Twiggs Y Valenti
Y Vaughan Y Walker,J
Walker.L Y Wall
Ware
Y Watson Y Watts N White Y Wilder Y Williams.B
Williams,J Y Williams.R Y Yeargin
Murphy.Spkr

On the motion, the ayes were 163, nays 4. The motion prevailed.

Representatives Dunn of the 73rd and Brush of the 83rd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

The following Resolution of the Senate was taken up for the purpose of considering the Senate amendment to the House substitute thereto:

SR 166. By Senators Tate of the 38th, Scott of the 36th, Walker of the 22nd and others:
A resolution creating the Urban Policy Study Commission.

The following Senate amendment was read:

FRIDAY, MARCH 15, 1991

2707

Amend SR 166 by adding following the word "Georgia" on line 29 of page 2 the following:
"and appointed by the President of the Senate and the Speaker of the House"
By adding following the word "Association" on line 2 of page 3 the following:
"and appointed by the President of the Senate and the Speaker of the House".

Representative Martin of the 26th moved that the House agree to the Senate amendment to the House substitute to SR 166.
On the motion the ayes were 108, nays 1.
The motion prevailed.

The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon:

SB 357. By Senators Foster of the 50th, Deal of the 49th and Johnson of the 47th:
A bill to amend Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Industry, Trade, and Tourism, so as to provide for state funding of local welcome centers; to provide for criteria for funding; to provide for restrictions on the use of such funding; to provide for audits and inspections; to provide for withholding of funds; to provide for discontinuation of funding.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 357

The Committee of Conference on SB 357 recommends that both the Senate and the
House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 357 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

M John C. Foster Senator, 50th District

/s/ Thomas M. Kilgore Representative, 42nd District

/s/ J. Nathan Deal Senator, 49th District

/s/ Roy H. Watson, Jr. Representative, 114th District

/s/ C. Donald Johnson Senator, 47th District

/s/ Terry L. Coleman Representative, 118th District

A BILL
To amend Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Industry, Trade, and Tourism, so as to provide for state funding of local welcome centers; to provide for criteria for funding; to provide for restrictions on the use of such funding; to provide for audits and inspections; to provide for withholding of funds; to provide for discontinuation of funding; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

2708

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Industry, Trade, and Tourism, is amended by adding a new Code Section 50-7-12.1 to read as follows:
"50-7-12.1. (a) The State of Georgia is authorized to participate, through and by the Department of Industry, Trade, and Tourism, in the implementation of the Local Welcome Center Program. Funds appropriated for this program shall be used only in connection with the operation of local welcome centers. The agency operating a local welcome center shall be a nonprofit organization and each such center shall be operated primarily as a welcome center. State participation in the program shall be implemented annually by contract. Any reduction in the appropriation to the department for this program shall result in a pro rata reduction in funding to all participating local welcome centers. In no event shall any funds from the regular operating budget of the department be utilized for participation in such program.
(b) State participation funds may be used for improvements requested by the department to a local welcome center, including but not limited to updating of the required displays, and for up to one-half of the general operating expenses of a local welcome center. Such state participating funds for any such center shall be disbursed in $2,500.00 or $5,000.00 or $10,000.00 grants. No more than $10,000.00 shall be expended in any one fiscal year for the operation of a local welcome center in any single county.
(c) In order to qualify for state participation funding, a local welcome center shall: (1) Have an annual visitation total of 2,000 or more persons for a $2,500.00 grant
or 5,000 or more persons for a $5,000.00 grant or 10,000 or more persons for a $10,000.00 grant;
(2) Be in operation for one full year prior to requesting state participation funds; (3) Be open to the public year round, closing only on New Year's Day, Thanksgiving and the following day, and Christmas Eve and Christmas Day; (4) Be open a minimum of five and one-half days per week for a $5,000.00 grant or a minimum of six days per week for a $10,000.00 grant; (5) Be located on or immediately adjacent to an established, heavily traveled highway with adequate directional signs to the local welcome center; (6) Have adequate permanent brochure racks accessible to the public for promotional literature. Brochure supplies must be 50 percent on state-wide travel and 50 percent on local tourism; (7) Have an ongoing tourism program stressing local tourist attractions; (8) Have a full-time manager and such full-time or part-time staff as necessary, who shall undergo, within 90 days of employment, training established by the department. The manager shall complete the following training:
(A) One day of training working at a Georgia Visitor Information Center and one day of training working at a local welcome center. The location of such training shall be determined by the coordinator of the Local Welcome Center Program;
(B) An annual visit to all area attractions and a good working knowledge of state-wide points of interest;
(C) Attending the annual local welcome center managers meeting; and
(D) Participation in one training tour annually; and
(9) Be accessible to the handicapped visitor. (d) The department shall provide the operating agency with a guideline handbook listing informational contacts, departmental policies, and promotional ideas as well as training aids useful in the operation of a local welcome center.
(e) (1) Agencies operating a local welcome center shall maintain separate accounts for any receipts and expenditures involving state participation funds. Agencies shall furnish the program coordinator, within 90 days after execution of an annual contract, with:
(A) A certified financial statement by an independent auditor of the center's total receipts and expenditures for the previous year, including a list of each center

FRIDAY, MARCH 15, 1991

2709

employee and his salary and expenses, and a list of sources of center income by category; and
(B) A summary statement of the number of visitors served at the local welcome center in the previous fiscal year. (2) Fifty percent of fourth quarter state participation funds shall be withheld pending receipt of a copy of such audit report, and fiscal year adjustments shall be made, if necessary, based upon such audit report. State funds for the operation of a local welcome center for the first quarter of any fiscal year will not be disbursed until receipt of a satisfactory audit report of the center's total receipts and expenditures for the previous year. Quarterly state participation funds may be withheld at any time if a local welcome center is not in strict compliance with the department's criteria for the operation of local welcome centers. (f) The Department of Industry, Trade, and Tourism, or its authorized representatives, shall inspect the premises and records of all local welcome centers annually at any time during reasonable business hours. (g) The effectiveness and performance of each local welcome center shall be analyzed prior to the execution of each annual contract. If the effectiveness or performance of a local welcome center is determined by the department to be below a reasonable standard, the department may elect to discontinue funding said local welcome center if corrective action is not taken by the center within 14 days after receipt of notice from the department."
Section 2. This Act shall become effective July 1, 1992.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Kilgore of the 42nd moved that the House adopt the report of the Committee of Conference on SB 357.
On the motion, the ayes were 98, nays 2.
The motion prevailed.

The following Bill of the Senate was taken up for the purpose of considering the Senate's insistence on its position in disagreeing to the House amending the same:

SB 375. By Senators Albert of the 23rd and Kidd of the 25th:
A bill to amend Code Section 10-1-510 of the Official Code of Georgia Annotated, relating to duplication of works of fine art, so as to change the conditions upon which printers may agree to duplicate works of fine art; to provide for statements and forms; to change certain criminal penalties and provide for civil liability and recovery; to provide for applicability.

Representative Carrell of the 65th moved that the House recede from its position in insisting on amending SB 375.
On the motion, the ayes were 99, nays 2.
The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

2710

JOURNAL OF THE HOUSE,

HB 295. By Representatives Byrd of the 153rd, Lee of the 72nd, Dobbs of the 74th, Lane of the 27th, Dunn of the 73rd and others:
A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to provide that with respect to Conditioned Air Contractor Class I and Class II licenses, the Division of Conditioned Air Contractors may require applicants for renewal of licenses to have completed subsequent to the date the last licenses were issued a certain number of hours of continuing professional education relating to conditioned air contracting.

The following report of the Committee of Conference was read:

COMMITTEE OP CONFERENCE REPORT ON HB 295

The Committee of Conference on HB 295 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of
Conference Substitute to HB 295 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Culver Kidd Senator, 25th District

/s/ Roger Byrd Representative, 153rd District

/s/ Tommy C. Olmstead Senator, 26th District

/s/ Roy H. Watson, Jr. Representative, 114th District

/s/ Gene Walker Senator, 43rd District

/s/ Thomas M. Kilgore Representative, 42nd District

A BILL
To amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of electrical contractors, plumbers, conditioned air contractors, lowvoltage contractors, and utility contractors, so as to provide that with respect to Conditioned Air Contractor Class I and Class II licenses, the Division of Conditioned Air Contractors shall be authorized to require persons seeking renewal of licenses to complete board approved continuing education relating to conditioned air contracting; to provide for procedures; to require a minimum number of hours of continuing education; to authorize certain continuing education courses; to provide for approval of certain courses and the exclusion of certain other courses; to provide for waivers; to provide for rules and regulations; to provide an exception; to provide for applicability; to require conditioned air contractors to display their company or business registration numbers on certain vehicles; to require conditioned air contractors to include their registration numbers on invoices and proposal forms and certain advertising related to conditioned air work; to provide that said chapter shall not prohibit any person from installing, altering, or repairing the plumbing component of a lawn sprinkler system from a backflow preventer which was installed by a licensed plumber as long as the work is done in conformity with all other provisions of the chapter, the rules and regulations of the board, and ordinances of the county or municipality; to provide that under certain conditions a person who contracts with a licensed conditioned air contractor as part of a conditioned air contract to install, alter, or repair duct systems, control systems, or insulation is not required to be licensed by the Division of Conditioned Air Contractors; to provide that persons who perform certain work

FRIDAY, MARCH 15, 1991

2711

in connection with conditioned air systems shall be required to be licensed by the appropriate licensing authority; 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 14 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of electrical contractors, plumbers, conditioned air contractors, lowvoltage contractors, and utility contractors, is amended by adding at the end of Code Section 43-14-6, relating to the powers of the various divisions under the State Construction Industry Licensing Board, a new subsection (d) to read as follows:
"(d) (1) With respect to Conditioned Air Contractor Class I and Class II licenses, the Division of Conditioned Air Contractors shall be authorized to require persons seeking renewal of licenses to complete board approved continuing education of not more than four hours annually. The division shall be authorized to approve courses offered by institutions of higher learning, vocational technical schools, and trade, technical, or professional organizations; provided, however, that continuing education courses or programs related to conditioned air contracting provided or conducted by public utilities, equipment manufacturers, or institutions under the State-Board of Technical and Adult Education shall constitute acceptable continuing professional education programs for the purposes of this subsection. Continuing education courses or programs shall be in the areas of safety, technological advances, business management, or government regulation. Courses or programs conducted by manufacturers specifically to promote their products shall not be approved.
(2) All provisions of this subsection relating to continuing professional education shall be administered by the division.
(3) The division shall be authorized to waive the continuing education requirements in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate.
(4) The division shall be authorized to promulgate rules and regulations to implement and ensure compliance with the requirements of this Code section.
(5) The continuing education requirements of this subsection shall not be required of any licensed conditioned air contractor who is a registered professional engineer.
(6) This Code section shall apply to each licensing and renewal cycle which begins after the 1990-1991 renewal."
Section 2. Said chapter is further amended by striking in its entirety Code Section 43-14-9, relating to display of licenses, and inserting in lieu thereof a new Code Section 43-14-9 to read as follows:
"43-14-9. (a) Every person holding a license issued by a division of the board shall display it in a conspicuous manner at his place of business.
(b) All commercial vehicles used by conditioned air contractors exclusively in the daily operation of their business shall have prominently displayed thereon the company or business registration number issued by the Secretary of State's office. Such registration number shall also be prominently displayed on any advertising in telephone yellow pages and newspapers relating to conditioned air work which a licensee purports to have the capacity to perform as a conditioned air contractor. Said registration number shall also be printed on all invoices and proposal forms."
Section 3. Said chapter is further amended by adding at the end of Code Section 43-14-16, relating to exceptions to the operation of Chapter 14 of Title 43, two new subsections (j) and (k) to read as follows:
"(j) This chapter shall not prohibit any person from installing, altering, or repairing the plumbing component of a lawn sprinkler system from a backflow preventer which was installed by a licensed plumber; provided, however, that all such work must be done in conformity with all other provisions of this chapter, the rules and regulations of the board, and ordinances of the county or municipality.
(k) Any person who contracts with a licensed conditioned air contractor as part of a conditioned air contract to install, alter, or repair for or on behalf of such licensed conditioned air contractor duct systems, control systems, or insulation is not required to

2712

JOURNAL OF THE HOUSE,

hold a license from the Division of Conditioned Air Contractors. The conditioned air contractor must retain responsibility for completion of the contract, including any subcontracted work. Any person who contracts with a licensed conditioned air contractor to perform for or on behalf of such licensed conditioned air contractor a complete installation, alteration, or repair of a conditioned air system must hold a valid license from the Division of Conditioned Air Contractors. Any person who contracts to perform for or on behalf of a conditioned air contractor to install, alter, or repair electrical, lowvoltage, or plumbing components of a conditioned air system must hold a valid license from the appropriate division of the board."
Section 4. This Act shall become effective January 1, 1992.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

Representative Bryd of the 153rd moved that the House adopt the report of the Committee of Conference on HB 295.
On the motion, the ayes were 96, nays 3.
The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:

HB 324. By Representatives Cummings of the 134th, McKinney of the 35th, Thomas of the 55th, Brooks of the 34th, Chambless of the 133rd and others:
A bill to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to provide that it shall be unlawful for a person to knowingly sell any real or personal property in exchange for any criminally derived property.

Representative Cummings of the 134th moved that the House insist on its position in disagreeing to the Senate amendment to HB 324 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Randall of the 101st, Martin of the 26th and Cummings of the 134th.

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR FRIDAY, MARCH 15, 1991
Mr. Speaker and Members of the House:
Your Committee on Rules met and submits the following supplemental to the calendar already adopted this March 15, 1991, by adding the following:
SB 162 Financial Institution Officer; Certain Info. Requirement; Liability
SR 198 Certain State Parks; Authorize Lease of Certain Tracts

FRIDAY, MARCH 15, 1991

2713

Except as herein amended, the provisions of the calendar heretofore submitted shall remain in full force and effect.
Respectfully submitted, /s/ Lee of the 72nd
Chairman

Under the general order of business, established by the Committee on Rules, the following Bill and Resolution of the Senate were taken up for consideration and read the third time:

SB 162. By Senators Garner of the 30th and Turner of the 8th:
A bill to amend Code Section 7-1-840 of the Official Code of Georgia Annotated, relating to the institution of criminal prosecutions against financial institutions and the providing of information to financial institutions considering employment of a suspected person, so as to provide that if any board of directors, director, or officer of any financial institution is required by certain bank supervisory agencies to provide certain information regarding the appearance or suspicion of criminal activity involving any director, officer, agent, employee, or customer of such financial institution, such board of directors, director, or officer shall not incur any civil liability for providing such information; to provide an exception.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Abernathy
Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom
Barfoot Y Bargeron
Barnett,B Y Barnett.M
Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux
Bostick Y Branch Y Breedlove
Brooks Y Brown
Y Brush YBuck Y Buckner YByrd Y Campbell
Y Canty Y Carrell
Carter Y Chafin Y Chambiess
Y Cheeks Y Childers Y Clark.E Y Clark.H

Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B Y Cummings.M
Y Davis.G Y Davis.M Y Dixon.H
Y Dixon.S Y Dobbs
Dover Dunn Y Edwards Y Elliott Y Felton Fennel
Y Floyd,J.M Y Floyd,J.W Y Flynt
Y Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Hanner Y Harris,B Y Harris,J
Y Heard Y Henson

Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford
Y Lawrence Y Lawson YLee YLong YLord
Y Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney.B McKinney,C Y Meadows Y Merritt Y Milam Y Mills

Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr
Y Orrock Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag
Porter Y Poston Y Powell.A Y Powell.C Y Purcell
Randall
YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L

On the passage of the Bill, the ayes were 156, nays 0.

Y Smith,? Smith.T
Y Smith.W Y Smyre YSnow
Y Stancil.F Y Stancil,S
Stanley Y Stephens Y Streat Y Taylor
Teper Y Thomas.C Y Thomas.M Y Thoraas.N Y Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall Y Ware Y Watson Y Watts
Y White Y Wilder
Y Williams.B Williams,J
Y WilliamsJR Y Yeargin
Murphy,Spkr

2714

JOURNAL OF THE HOUSE,

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

SR 198. By Senators Harris of the 27th, Gillis of the 20th, Collins of the 17th and others:
A resolution authorizing the State Properties Commission to negotiate a lease of certain tracts of state owned real property in High Falls State Park and Watson Bridge State Park; to set terms; to provide an effective date.

The following amendment was read and adopted:

The Committee on State Institutions & Property moves to amend SR 198 by adding after the word "that" on line 15 of page 2 the following:
"no such lease shall be executed without the prior approval of the fiscal affairs subcommittees of the Senate and the House of Representatives meeting jointly as one committee and provided further that".

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, as amended, the roll call was ordered and the vote was as follows:

Y Abernathy
Y Adams Y Aiken
Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron
Barnett.B Y Barnett,M
Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark,H

Y Clark,L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth
Cummings,B Cummings,M Y Davis.G Y Davis.M Y Dixon.H Dixon.S
Y Dobbs Dover Dunn
Y Edwards Y Elliott Y Felton Y Fennel
FloydJ.M Y FloydJ.W Y Flynt YGodbee Y Golden Y Goodwin Y Green
Y Greene Y Griffin
Y Groover Y Hamilton Y Hammond
Hanner Y Harris.B
Y Harris,J Y Heard Y Henson

Y Herbert Y Hightower
Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins
Jones Y Kilgore
YKing Y Kingston Y Klein
YLadd Y Lane.D Y Lane,R Y Langford Y Lawrence Y Lawson
YLee YLong
YLord Lucas
Y Lupton YMann Y Martin
Y McCoy Y McKelvey
McKinney,B McKinney.C Y Meadows Y Merritt YMilam Y Mills

Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C Oliver ,M YOrr Y Orrock
Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag
Porter Y Poston Y Powell.A Y Powell.C Y Purcell Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L

Y Smith,P Smith.T
Y Smith,W
Y Smyre YSnow Y Stancil,F Y Stancil,S
Stanley Y Stephens Y Streat Y Taylor YTeper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond
Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs
Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall
Ware Y Watson Y Watts
White Y Wilder
Y Williams.B Williams,J
Y Williama,R Y Yeargin
Murphy,Spkr

On the adoption of the Resolution, as amended, the ayes were 155, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

FRIDAY, MARCH 15, 1991

2715

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House:

HB 1054.

By Representatives Bordeaux of the 122nd, Hamilton of the 124th, Mueller of the 126th, Merritt of the 123rd, Kingston of the 125th and others:
A bill to amend an Act creating the State Court of Chatham County, so as to change the compensation of the judges of the state court; to amend an Act providing for the compensation of certain officials in Chatham County, so as to delete the provisions relating to compensation of judges of the State Court of Chatham County.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 1054. By Representatives Bordeaux of the 122nd, Hamilton of the 124th, Mueller of the 126th, Merritt of the 123rd, Kingston of the 125th and others:
A bill to amend an Act creating the State Court of Chatham County, so as to change the compensation of the judges of the state court; to amend an Act providing for the compensation of certain officials in Chatham County, so as to delete the provisions relating to compensation of judges of the State Court of Chatham County.

The following amendment was read and adopted:

Representative Merritt of the 123rd, et al. move to amend the Senate amendment to HB 1054 by striking lines 16 through 19 of page 2 and inserting in lieu thereof the following:

"1992
1993 and each year thereafter

60 percent 62.5 percent"

By striking in their entirety lines 29 through 32 of page 2 and inserting in lieu thereof the following:

"1992
1993 and each year thereafter

52.5 percent 55 percent".

Representative Bordeaux of the 122nd moved that the House agree to the Senate amendment, as amended by the House, to HB 1054.
On the motion, the ayes were 110, nays 0.
The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

2716

JOURNAL OF THE HOUSE,

HB 518. By Representative Holmes of the 28th:
A bill to amend an Act providing for urban enterprise zones in the City of Atlanta, as amended, so as to add provisions with respect to the creation of certain zones for residential purposes.

The following Senate amendments were read:

SENATE AMENDMENT NO. 1
Amend HB 518 by striking the quotation mark where it appears at the end of line 23 on page 2 and by adding immediately following the word and period "required." where it appears in line 23 on page 2 a new sentence to read as follows:
"Prior to enterprise zone status being granted to single-room occupancy residences, the single-room occupancy operating plan must be presented, and it must project a minimum of 20 percent of the units for homeless persons, including persons previously living in emergency shelters, substandard housing, or in no housing whatsoever.'"

SENATE AMENDMENT NO. 2
Amend HB 518 by striking the quotation marks at the end of line 25 on page 1 and inserting at the end of said line the following:
"As used in this Act, the term 'single-room occupancy residence' refers specifically to the Welcome House single-room occupancy residence located on the corner of Memorial Drive and Pryor Street in the City of Atlanta.'"

Representative Holmes of the 28th moved that the House agree to the Senate amendments to HB 518.
On the motion, the ayes were 110, nays 0.
The motion prevailed.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the Senate:

SB 172. By Senator Ramsey of the 54th:
A bill to amend Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, so as to change the educational requirements for appointment to the Uniform Division; to change the composition of the State Patrol Disciplinary Board.
The President has appointed on the part of the Senate the following:
Senators Ramsey of the 54th, Ray of the 19th and Dean of the 31st.

The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

FRIDAY, MARCH 15, 1991

2717

SB 172. By Senator Ramsey of the 54th:
A bill to amend Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, so as to change the educational requirements for appointment to the Uniform Division; to change the composition of the State Patrol Disciplinary Board.

Representative Twiggs of the 4th moved that the House adhere to its position in substituting SB 172 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Twiggs of the 4th, Thomas of the 69th and Groover of the 99th.

His Excellency, Governor Zell Miller, accompanied by the First Lady, appeared upon the floor of the House and addressed the members.

The following Bills of the Senate were taken up for the purpose of considering the reports of the Committee of Conference thereon:

SB 172. By Senator Ramsey of the 54th:
A bill to amend Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, so as to change the educational requirements for appointment to the Uniform Division; to change the composition of the State Patrol Disciplinary Board.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 172

The Committee of Conference on SB 172 recommends that both the Senate and the House of Representatives recede from their positions and that the House Committee on Public Safety substitute to SB 172 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Tom Ramsey Senator, 54th District

/s/ Denmark Groover, Jr. Representative, 99th District

/s/ Nathan Dean Senator, 31st District

/s/ Charles A. Thomas, Jr. Representative, 69th District

/s/ Walter S. Ray Senator, 19th District

/s/ Ralph Twiggs Representative, 4th District

Representative Thomas of the 69th moved that the House adopt the report of the Committee of Conference on SB 172.
On the motion, the roll call was ordered and the vote was as follows:

2718
Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Bamett,B Y Barnett.M
Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux
Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell
Canty Y Carrell Y Carter Y Chafm Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.H

JOURNAL OF THE HOUSE,

Y Clark,L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B Y Cummmgs,M Y Davis,G
Davis.M Y Dixon.H
Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel
FloydJ.M Y FloydJ.W YFlynt
Y Godbee Y Golden YGoodwin Y Green Y Greene Y Griffin Y Groover Y Hamilton
Y Hammond Y Manner Y Harris.B Y Harris,J Y Heard Y Henson

Y Herbert Y Hightower Y Holland Y Holmes Y Howard
Y Hudson Ylrwin Y Jackson
Y Jamieaon Y Jenkins Y Jones Y Kilgore
YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane,R Y Langford Y Lawrence Y Lawson
YLee YLong YLord Y Lucas Y Lupton YMann Y Martin YMcCoy Y McKelvey
McKinney,B McKinney.C Y Meadows Y Merritt
YMilam Y Mills

Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr YOrrock Y Padgett YParham Y Parrish
Patten Y Pelote Y Perry
Y Pettit Y Pinholster Y Pinkston YPoag Y Porter YPoston Y Powell,A Y Powell,C Y Purcell Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield
Y Skipper Y Smith.L

On the motion, the ayes were 166, nays 1. The motion prevailed.

Y Smith.P Y Smith.T Y Smith.W Y Smyre YSnow
Stancil.F Y Stancil,S Y Stanley Y Stephens Y Streat
Y Taylor YTeper
Y Thomas.C Y Thomas.M Y Thomas.N
Y Thurmond Y Titus N Tolbert Y Townsend Y Turnquest Y Twiggs Y Vaienti Y Vaughan Y Walker,J
Y Walker.L Y Wall Y Ware Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams,J Y Williams.R Y Yeargin
Murphy.Spkr

Representative Tolbert of the 58th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

SB 71. By Senators Newbill of the 56th, Foster of the 50th and Collins of the 17th:
A bill to amend Code Section 20-2-282 of the Official Code of Georgia Annotated, relating to comprehensive evaluations of schools and systems, so as to change the functions to be evaluated; to provide for the designation of schools and school systems which exceed expectations and exempt them from evaluation for certain functions.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 71

The Committee of Conference on SB 71 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 71 be adopted.
Respectfully submitted,

FRIDAY, MARCH 15, 1991

2719

FOR THE SENATE:
/s/ John C. Foster Senator, 50th District
/s/ J. Nathan Deal Senator, 49th District
M Sallie Newbill Senator, 56th District

FOR THE HOUSE OF REPRESENTATIVES:
M Thomas M. Kilgore Representative, 42nd District
/s/ Larry Walker Representative, 115th District
/s/ Terry L. Coleman Representative, 118th District

A BILL
To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to provide that the State Board of Education may delegate certain powers to the State School Superintendent; to provide for a duty-free lunch period for teachers; to provide for the exchanging of lunch periods for compensation or benefits; to prevent the lengthening of the school day as a result of required duty-free lunch periods; to provide for statutory construction with regard to certain appropriations; to change the eligibility requirements for remedial education programs; to provide for salary increases for persons selected as Georgia Teacher of the Year and for statutory construction; to provide for the approval of pilot projects to allow decategorization of funds for local units of administration or schools engaged in such projects; to provide criteria for pilot projects; to provide for review of pilot projects; to provide for reports; to change the functions subject to certain comprehensive evaluations; to provide for the designation of schools which exceed expectations and exempt them from evaluation for certain functions; to provide for certain schools and districts which have had standards reviews; to provide for other 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. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating elementary, secondary, and adult education, is amended by striking Code Section 20-2-11, relating to supervision of the Department of Education by the State Board of Education, and inserting in its place a new Code section to read as follows:
"20-2-11. The State Board of Education shall prepare and submit to the Governor and General Assembly an estimate of the funds necessary for the operation of the state public school system. It shall have general supervision of the Department of Education and shall may delegate to the State School Superintendent the authority to employ and dismiss; pe the recommendation ef- the State Seheei Superintendent, such clerical employees, supervisors, administrators, and other employees who are members of the classified service under Article 1 of Chapter 20 of Title 45 as may be necessary for the efficient operation of the Department of Education. It shall set aside the necessary funds for the maintenance of the office of the department and the State School Superintendent, the amount and sufficiency of such funds to be in the discretion of the state board, such funds to be disbursed by the Superintendent in the payment of salaries and travel expense of employees and for printing, communication, equipment, repairs, and other expenses incidental to the operation of the department."
Section 1.1. Said chapter is further is amended by striking subsection (a) of Code Section 20-2-154, relating to remedial education, and inserting in its place a new subsection to read as follows:
"(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 4989 1992.

2720

JOURNAL OF THE HOUSE,

The following students shall be eligible for remedial education services, except as provided in subsection (b) of this Code section:
\i) ottid6frts tn Ftdes two tnrou^n live suet rftde nine wno nflve scored tt or below the twenty-fifth pcrcentilc, or its equivalent, en the reading er mathcmatica
by the state board te be used for this purpose; aet Students in grades two through five and 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; (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);" (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 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 percentile; and
paaacci tnc reading, tne matncmatics, r trie writing portion ot tnc state 9 basic aKills test; upon which paaaagc is required for graduation by -the state %eah wl Students in grades two through five and 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 (lEP'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.
(3) Students entering grade tee whose ninth grade nationally normcd otandardizcd achievement test scores are at er below the twenty-fifth pcrccntilc. Ne local school system snfuti i&e FeQuiFed to pretest OF posttest &ny student Ht gptde ten wtto is QUftli" tied under mis por&jrspn nor win &ny system De reQuired to pretest entering centn
standardized achievement teat; ael 1,4 ) otudents HJ {^rfldcs two tnrougn five &nd nine tnpouii T& wno &t& receiving sep~
vices under the special education program as authorized by Code Section 20-2-162 a4
mcnt levels ift Fe&din^ of mflt.nemfl.tics HI ^rfldes two tnrou^ti live &nd nine tnrou^n ^ fat writing in grades nine through 127 they need t receive services under the romc-
whe meet the eligibility requirements specified i paragraph fl} or (2) ef this subscc
No more than 25 percent of the school 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."
Section 1.2. Said chapter is further amended by adding immediately following Code Section 20-2-212, a new Code section to read as follows:
"20-2-212.1. Any person who has been selected as Georgia Teacher of the Year, as determined by the State Board of Education, shall be moved up one salary step on the state salary schedule or receive an equivalent percentage rate increase in state salary to become effective on and after the beginning of the next school year in which the person

FRIDAY, MARCH 15, 1991

2721

is employed in the public schools of this state. The increase in state salary provided by this Code section shall be in addition to any other increase for which the person is otherwise eligible. This Code section shall not be construed to require or prohibit any increase in the local supplement payable to such teacher."
Section 2. Said chapter is further amended by adding after Code Section 20-2-217, relating to professional and staff development stipends, a new Code section to read as follows:
"20-2-218. (a) Every teacher who is employed in grades K-5 for a period of time of more than one-half 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.
(b) Nothing in this Code section shall be construed to prevent any teacher from exchanging that teacher's lunch period for any compensation or benefit mutually agreed upon by the employee and the local superintendent of schools or such superintendent's agent, except that a teacher and the superintendent or agent may not agree to terms which are different from those available to any other teacher granted rights under this Code section within the individual school or to terms which in any way discriminate among such teachers within the individual school.
(c) The implementation of this Code section may not result in a lengthened school day.
(d) If necessary where due to extreme economic conditions or an unforeseen and unavoidable personnel shortage, a local unit of administration may require a teacher otherwise entitled to a duty-free lunch period to supervise students during such lunch period but for no more than one day in any school week.
(e) Notwithstanding any of the foregoing provisions of this Code section to the contrary, nothing in this Code section shall require the General Assembly to appropriate funds for the implementation of the duty-free lunch program; provided, however, that any such funds appropriated for this purpose shall be used by local school systems for duty-free lunch periods for classroom teachers in grades K through 5."
Section 3. Said chapter is further amended by adding to Code Section 20-2-250, relating to projects to improve effectiveness, a new subsection (d) to read as follows:
"(d) (1) In order to better address the needs of students at risk of failing to complete their education, the State Board of Education shall approve pilot projects that allow schools, clusters of schools, or school systems to decategorize funds received under Code Section 20-2-161. The state board shall appoint an interdisciplinary review panel consisting of students, parents, educators, and representatives from business, the community, and the Department of Human Resources to evaluate all submitted proposals and to submit appropriate recommendations to the state board.
(2) Pilot projects must meet the following criteria: (A) Address the needs of at-risk students who meet two or more of the criteria
in the definition of the at-risk student as approved by the State Board of Education;
(B) Develop a plan for such a pilot project using an interdisciplinary committee composed of students, parents, educators, and representatives from business, the community, the Department of Human Resources, and others as appropriate;
(C) Ensure that the plan for the pilot project becomes a component of the local strategic plan;
(D) Provide for a program evaluation that specifies the goals of the program, the means to achieve those goals, the reasons for any decategorization or combining of

2722

JOURNAL OF THE HOUSE,

program earnings to carry out those means, and objective and other criteria to be met which will determine the success or failure of the new programs;
(E) No funds may be expended for any program or service explicitly excluded from the full-time equivalent count in subsection (a) of Code Section 20-2-160, except that such funds will be expended in conformity with the requirements for expenditures of direct instructional costs under Code Section 20-2-167. Any local plan approved by the board to combine program earnings for the purpose of providing programs for at-risk students under this subsection must also conform with the expenditure controls under Code Section 20-2-167 as modified by the new program categories described in the local system's proposal to the board. In no event will the aggregate funds expended for direct instructional costs be a lower amount than would have been required under the original formula calculations and expenditure requirements; and
(F) No funds may be expended for transitional programs, such as transitional kindergarten or first grade. (3) The state board shall give priority to proposed pilot projects that focus on interagency cooperation and the joint provision of services. (4) All pilot projects shall be reviewed annually by the state board to ensure that they are meeting the goals and objectives outlined in their plan. Pilot projects that are no longer achieving their goals and objectives shall be discontinued by the state board. (5) The pilot projects shall report annually to the Appropriations and Education committees of the House of Representatives and the Senate."
Section 4. Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Section 20-2-282, relating to comprehensive evaluations of schools and systems, and inserting in its place a new paragraph to read as follows:
"(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 years2 except as provided in subsection (e.l) 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; (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; particularly as they apply to implementing the state board prescribed program accounting system 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."
Section 5. Said chapter is further amended by adding between subsections (e) and (f) of Code Section 20-2-282, relating to comprehensive evaluations of schools and systems, a new subsection to read as follows:
"(e.l) The state board shall, subject to the requirements of subparagraph (a)(l)(D) of this Code section, establish criteria for determining whether local schools significantly

FRIDAY, MARCH 15, 1991

2723

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 25 percent of a demographic group of comparable schools will be deemed to be significantly exceeding expectations in a given year and designated 'high-achieving schools.' Schools designated as high-achieving schools will not be subject to comprehensive evaluations for those functions described in subparagraph (a)(l)(B), (a)(l)(C), or (a)(l)(I) of this Code section, as long as the school maintains the designation 'high-achieving school.' Schools and school districts which have had a standards review within the last four years will continue on the fiveyear cycle as mandated by law."
Section 6. This Act shall become effective July 1, 1991, but Section 3 of this Act shall become effective July 1, 1991, for the 1992-1993 school year.
Section 7. All laws and parts of laws in conflict with this Act are repealed.

Representative Kilgore of the 42nd moved that the House adopt the report of the Committee of Conference on SB 71.
On the motion, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch
Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell
Canty Y Carrell Y Carter Y Chafin Y Chambless
Y Cheeks Y Childers
Y Clark.E Y Clark,H

Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth
Y Cummings,B Y Cummings.M
Davis,G Y Davis.M Y Dixon.H Y Dixon.S
Y Dobbs Dover
YDunn Y Edwards Y Elliott
Y Felton Y Fennel
Floyd,J.M Y Floyd,J.W Y Flynt YGodbee Y Golden Y Goodwin Y Green
Y Greene Y Griffin
Y Groover Y Hamilton
Y Hammond Y Manner Y Harris.B Y Harris,J Y Heard Y Henson

Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd
Y Lane,D Y Lane,R Y Langford
Y Lawrence Y Lawson YLee YLong YLord Y Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey Y McKinney.B
McKinney.C Y Meadows Y Merritt Y Milam Y Mills

Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston
YPoag Y Porter
Y Poston Y Powell,A Y Powell.C Y Purcell Y Randall
YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill
Y Simpson Sinkfield
Y Skipper Y Smith,L

Y Smith,? Y Smith.T Y Smith,W Y Smyre YSnow
Stancil,F Y Stancil,S Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C
Y Thomas.M Y Thomas.N Y Thurmond Y Titus
Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti
Y Vaughan Y Walker,J Y Walker.L YWall
Ware Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams,J Y Williams,R Y Yeargin
Murphy ,Spkr

On the motion, the ayes were 168, nays 0. The motion prevailed.

Representative Lee of the 72nd moved that all Bills and Resolutions of the House remaining on the General Calendar be referred back to the Committees from whence they came.
The motion prevailed.

2724

JOURNAL OF THE HOUSE,

The following Resolutions of the House were read and adopted:

HR 629. By Representative Poston of the 2nd: A resolution expressing sympathy at the passing of Jacob Bynum.

HR 630. By Representative Smith of the 78th: A resolution commending Myrtle Fitch Head.

HR 631. By Representatives White of the 132nd, Chambless of the 133rd and Cummings of the 134th:
A resolution commending Dr. Alfredo Stokes.

HR 632. By Representatives Smith of the 152nd, Dixon of the 151st, Murphy of the 18th, Coleman of the 118th and Walker of the 115th:
A resolution recognizing the St. Marys Rock Shrimp Festival.

HR 633. By Representatives Smith of the 152nd, Dixon of the 151st, Murphy of the 18th, Coleman of the 118th and Walker of the 115th:
A resolution commending the City of Woodbine Annual Crawfish Festival.

HR 634. By Representatives Smith of the 152nd, Dixon of the 151st, Murphy of the 18th, Coleman of the 118th and Walker of the 115th:
A resolution recognizing the Kingsland Labor Day Catfish Festival.

HR 635. By Representatives Byrd of the 153rd and Greene of the 130th:
A resolution urging the governing authorities of counties and municipalities in this state to improve the retirement and pension systems of local law enforcement officers.

Representative Porter of the 119th arose to a point of personal privilege and addressed the House.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following Resolution of the Senate:

SR 341. By Senator Deal of the 49th: A resolution relative to adjournment.

The following Resolution of the Senate was read:

SR 341. By Senator Deal of the 49th

FRIDAY, MARCH 15, 1991

2725

A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly shall adjourn sine die at 7:02 P.M. on Friday, March 15, 1991.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker
N Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush
YBuck Y Buckner
YByrd Campbell
Canty Y Carrell
Y Carter Y Chafin Y Chambless Y Cheeks N Childers Y Clark.E Y Clark.H

Clark,L
Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B Y Cummings.M Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S
Y Dobbs Y Dover
Y Dunn Y Edwards Y Elliott Y Felton Y Fennel
Floyd,J.M Y Floyd.J.W Y Flynt YGodbee
Y Golden Y Goodwin
Y Green Y Greene
Y Griffin Y Groover Y Hamilton Y Hammond Y Manner
Y Harris,B Y Harris,J
Y Heard Y Henson

Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson
Ylrwin Y Jackson Y Jamieson N Jenkins Y Jones
Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane,R N Langford Y Lawrence Y Lawson YLee
Long YLord Y Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney.B McKinney.C Y Meadows Y Merritt Milam Y Mills

Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock
Y Padgett Y Parham Y Parrish
Patten
Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston
Powell.A Y Powell.C Y Purcell Y Randall NRay Y Reaves Y Redding Y Ricketson Y Royal
Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L

On the adoption of the Resolution, the ayes were 159, nays 5. The Resolution was adopted.

Y Smith,P Y Smith.T Y Smith,W Y Smyre Y Snow
Stancil.F Y Stancil.S Y Stanley Y Stephens Y Streat Y Taylor
Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest
Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall
Ware Y Watson
Y Watts White
Y Wilder Y Williams.B
Williams,J
Y Williams.R Y Yeargin Y Murphy.Spkr

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate adheres to its amendment and has appointed a Committee of Conference on the following Bill of the House:

HB 324. By Representatives Cummings of the 134th, McKinney of the 35th, Thomas of the 55th, Brooks of the 34th, Chambless of the 133rd and others:
A bill to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to provide that it shall be unlawful for a person to knowingly sell any real or personal property in exchange for any criminally derived property.

2726

JOURNAL OF THE HOUSE,

The President has appointed on the part of the Senate the following: Senators Taylor of the 12th, Edge of the 28th and Dawkins of the 45th.

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

HB 770. By Representatives Snow of the 1st, McCoy of the 1st and Perry of the 5th: A bill to create the Walker County Water and Sewer Utility Authority.

HB 1040.

By Representatives Campbell of the 23rd, Felton of the 22nd and McKinney of the 40th:
A bill to reincorporate the City of Roswell in the County of Fulton, so as to change the corporate limits of said city.

HB 1051.

By Representatives Meadows of the 91st, Jones of the 71st, Ware of the 77th and Flynt of the 75th:
A bill to amend an Act creating and establishing the Newnan-Coweta County Airport Authority, so as to change the composition of the membership of such authority.

HB 1055. By Representatives Pettit of the 19th, McKelvey of the 15th and Childers of the 15th:
A bill to provide that the county school superintendent of Bartow County shall be appointed by vote of the board of education to serve at the pleasure of the board.

HB 1056.

By Representatives Pettit of the 19th, McKelvey of the 15th and Childers of the 15th:
A bill to provide that the chairman of the Board of Education of Bartow County shall be selected by the board on an annual basis as provided by board policy.

HB 1058. By Representative Ray of the 98th:
A bill to provide for filling vacancies in certain membership positions on the board of the Peach County Hospital Authority.

HB 1059.

By Representative Edwards of the 112th:
A bill to amend an Act establishing a board of commissioners of Taylor County, so as to change the compensation of the chairman and the members of said board.

HB 1065.

By Representative McKinney of the 35th:
A bill to provide that in Fulton County a residential property developer or builder shall obtain a certificate of approval from a registered engineer before building or developing within 500 feet of any lake within a residential area.

The Senate has agreed to the House amendment to the following Bills and Resolutions of the Senate:

FRIDAY, MARCH 15, 1991

2727

SB 183. By Senators Garner of the 30th and Olmstead of the 26th:
A bill to amend Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing, so as to provide for the solicitation of sealed bids where the anticipated purchase is in excess of $10,000.00; to provide for advertisement in a newspaper of state-wide circulation when the anticipated purchase will exceed $50,000.00; to provide that any official who willfully makes purchases in violation of this Act shall be liable for the cost thereof; to provide an effective date.

SB 223. By Senator Kidd of the 25th:
A bill to create a public body corporate and politic, and an instrumentality of the County of Jasper, to be known as the Jasper County Economic Development Authority; to provide a short title; to define the terms used in the Act; to provide for the purposes and powers of the authority; to provide for the issuance of its revenue bonds; to provide for the authorized contents of the authority's agreements.

SR 72. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A resolution creating the Joint Study Committee on Children and Youth.

SR 198. By Senators Harris of the 27th, Gillis of the 20th, Collins of the 17th and others:
A resolution authorizing the State Properties Commission to negotiate a lease of certain tracts of state owned real property in High Falls State Park and Watson Bridge State Park; to set terms; to provide an effective date.

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

SB 41. By Senator Egan of the 40th:
A bill to amend Article 1 of Chapter 3 of Title 53 of the Official Code of Georgia Annotated, relating to probate of domestic wills, so as to provide that a will lost during the testator's lifetime may be probated in the same manner as a copy of a will which has been lost or destroyed subsequent to the death of the testator is allowed to be probated; to provide for related matters; to provide an effective date.

SB 57. By Senator Ramsey of the 54th:
A bill to amend Code Section 16-6-5.1 of the Official Code of Georgia Annotated, relating to sexual assault against a person in custody, so as to provide that a person commits sexual assault when he engages in sexual contact with another person who is a probationer under the state-wide probation system and such accused person has supervisory or disciplinary authority over such other person; to provide a penalty.

SB 95. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing in general, so as to delete provisions relating to the Georgia Residential Finance Authority and thereby abolish the Georgia Residential Finance Authority; to provide for designation of the Georgia Capital Finance Authority as the State Office of Housing.

2728

JOURNAL OF THE HOUSE,

SB 171. By Senator Ramsey of the 54th:
A bill to amend Code Section 15-16-21 of the Official Code of Georgia Annotated, relating to the fees for sheriffs services and the disposition of fees, so as to change certain fees for the services of a sheriff in civil and criminal cases.

SB 283. By Senators Deal of the 49th and Scott of the 36th:
A bill to amend Article 1 of Chapter 11 of Title 15, relating to juvenile proceedings, so as to revise certain provisions concerning the imposition of restraints on the freedom of accused juveniles prior to adjudication.

SB 324. By Senators Ragan of the 32nd, Thompson of the 33rd, Edge of the 28th and others:
A bill to amend Code Section 40-8-92 of the Official Code of Georgia Annotated, relating to designation of emergency vehicles and flashing or revolving lights, so as to restrict the use of flashing or revolving green lights.

SB 325. By Senator Turner of the 8th:
A bill to amend Article 1 of Chapter 12 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding damages, so as to provide conditions under which a claimant shall not be entitled to receive interest on sums claimed as unliquidated damages; to revise the rate of interest applicable to sums claimed as unliquidated damages; to provide for an effective date and for applicability.

SB 338. By Senator Olmstead of the 26th:
A bill to amend Chapter 39 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of the practice of psychology, so as to change the provisions prohibiting the practice without a license; to provide for exceptions; to change licensing qualifications.

SB 374. By Senators Perry of the 7th, Echols of the 6th and Turner of the 8th:
A bill to amend Chapter 5 of Title 27 of the Official Code of Georgia Annotated, relating to wild animals, so as to provide that it shall be lawful to hold a ferret as a pet without a license or a permit under certain conditions; to change a misspelling; to provide for an effective date.

The Senate has agreed to the House amendment to the Senate amendment to the following Bill and Resolution of the House:

HB 140. By Representative Watson of the 114th:
A bill to amend Article 4 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to halls of fame, so as to create the Georgia Aviation Hall of Fame Overview Committee as a joint committee of the General Assembly.

HR 352. By Representative Meadows of the 91st:
A resolution authorizing the State Properties Commission to negotiate and execute a long-term lease of a certain tract of state owned real property located in the Warm Springs area and containing the historic hydrotherapy pool complex.

FRIDAY, MARCH 15, 1991

2729

The Senate has agreed to the House amendment to the Senate substitute to the following Bill and Resolution of the House:

HB 642. By Representatives Ware of the 77th, Dunn of the 73rd, Chambless of the 133rd, Valenti of the 52nd and Childers of the 15th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to provide for intent; to direct the Commissioner of Insurance to develop a model basic health insurance plan.

HR 74. By Representatives Childers of the 15th, McKelvey of the 15th and Smith of the 16th:
A resolution authorizing the conveyance of certain state owned real property located in Floyd County, Georgia.

The Senate recedes from its disagreement and agrees with the House substitute to the following Bill of the Senate:

SB 197. By Senator Shumake of the 39th:
A bill 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 provide definitions; 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.

The Senate recedes from its disagreement and agrees to the House amendment to the Senate substitute to the following Bill of the House:

HB 402. By Representative Aiken of the 21st:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for the protection and preservation of certain cemeteries and burial grounds; to repeal Code Section 36-60-6, relating to the disturbing of a burial place in land development.

The Senate has adopted the report of the Committee of Conference on the following Bills and Resolution of the Senate and House:

SB 71. By Senators Newbill of the 56th, Foster of the 50th and Collins of the 17th:
A bill to amend Code Section 20-2-282 of the Official Code of Georgia Annotated, relating to comprehensive evaluations of schools and systems, so as to change the functions to be evaluated; to provide for the designation of schools and school systems which exceed expectations and exempt them from evaluation for certain functions.

SB 93. By Senator Johnson of the 47th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to add a new chapter authorizing and regulating orders not to resuscitate certain patients; to provide legislative findings; to provide definitions; to provide for certain presumptions; to provide for the legality of certain orders not to resuscitate.

2730

JOURNAL OF THE HOUSE,

SB 172. By Senator Ramsey of the 54th:
A bill to amend Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, so as to change the educational requirements for appointment to the Uniform Division; to change the composition of the State Patrol Disciplinary Board.

SB 311. By Senator English of the 21st:
A bill to amend Code Section 1-3-3 of the Official Code of Georgia Annotated, relating to definitions in the laws and statutes, so as to add definitions for agriculture, agricultural operations, agricultural or farm products, crops, and growing crops.

SB 328. By Senators Dawkins of the 45th, Taylor of the 12th, Robinson of the 16th and others:
A bill to amend Part 12 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to effectiveness of educational programs under the "Quality Basic Education Act," so as to change provisions relating to instruments, procedures, and policies necessary to assess effectiveness; to provide for types of assessments and their implementation and use.

SB 357. By Senators Foster of the 50th, Deal of the 49th and Johnson of the 47th:
A bill to amend Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Industry, Trade, and Tourism, so as to provide for state funding of local welcome centers; to provide for criteria for funding; to provide for restrictions on the use of such funding; to provide for audits and inspections; to provide for withholding of funds; to provide for discontinuation of funding.

HB 11. By Representatives Lane of the 27th, Bostick of the 138th and Hamilton of the 124th:
A bill to amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous rules of the uniform rules of the road, so as to make it unlawful for any person to possess an open container of any alcoholic beverage while operating a motor vehicle.

HB 63. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st, Adams of the 79th and Morsberger of the 62nd:
A bill to amend Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to driving under the influence of alcohol or drugs, so as to provide for publication of the name, address, and photograph of each person convicted of driving under the influence of alcohol or drugs.

HB 120. By Representatives Coleman of the 118th, Murphy of the 18th, Connell of the 87th and Walker of the 115th:
A bill to provide supplementary appropriations to the Georgia General Assembly for the State Fiscal Year ending June 30, 1991, for operating expenses.

FRIDAY, MARCH 15, 1991

2731

HB 210. By Representative Pettit of the 19th:
A bill to amend Code Section 50-25-6 of the Official Code of Georgia Annotated, relating to sales of files of public information by the GeorgiaNet Authority, so as to provide that the authority shall be authorized to receive data in electronic format from the public for the purpose of transmitting such data to the various departments, agencies, and institutions of the state.

HB 272. By Representative Pettit of the 19th:
A bill to amend Chapter 11 of Title 25 of the Official Code of Georgia Annotated, known as the "Georgia Fire Sprinkler Act," so as to change the definition of the terms "fire protection sprinkler system" and "water-spray system"; to provide that the installation or repair of any underground facilities or piping which connects to and furnishes water for the fire protection sprinkler system or water-spray system shall be performed only by a utility contractor or fire protection sprinkler contractor.

HB 279. By Representatives Dunn of the 73rd, Pinkston of the 100th, Childers of the 15th, Groover of the 99th, Connell of the 87th and others:
A bill to amend Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance, so as to prohibit certain provisions relating to the utilization and reimbursement of out-of-state mail order pharmacies in group or blanket accident and sickness insurance policies or preferred provider arrangements under such policies.

HB 283. By Representatives Dover of the llth, Godbee of the 110th, Royal of the 144th, Harris of the 84th, Barnett of the 10th and others:
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 current use valuation and taxation of bona fide conservation use property and bona fide residential transitional property; to provide for the ad valorem taxation of timber.

HB 285. By Representatives Murphy of the 18th, Coleman of the 118th, Walker of the 115th, Porter of the 119th, Jamieson of the llth and others:
A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 1991 and ending June 30, 1992.

HB 295. By Representatives Byrd of the 153rd, Lee of the 72nd, Dobbs of the 74th, Lane of the 27th, Dunn of the 73rd and others:
A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to provide that with respect to Conditioned Air Contractor Class I and Class II licenses, the Division of Conditioned Air Contractors may require applicants for renewal of licenses to have completed subsequent to the date the last licenses were issued a certain number of hours of continuing professional education relating to conditioned air contracting.

HB 361. By Representative Barnett of the 10th: A bill to create the Cumming-Forsyth County Unification Commission.

2732

JOURNAL OF THE HOUSE,

HB 605. By Representative Heard of the 43rd:
A bill to amend Code Section 8-2-3 of the Official Code of Georgia Annotated, relating to requirements for toilets, shower heads, and faucets in buildings, so as to change effective dates; to prohibit the sale of certain toilets.

HB 886. By Representatives Watts of the 41st, Parham of the 105th and Watson of the 114th:
A bill 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 require vehicles used to transport certain substances to be marked in a certain way.

HR 286. By Representatives Smith of the 152nd, Coleman of the 118th, Benefield of the 72nd, Alford of the 57th, Walker of the 115th and others:
A resolution endorsing Amtrak's proposed resumption of passenger rail service between Chicago and Florida with extensive service through Georgia.

The following communication was received:

OFFICE OF THE GOVERNOR State Capitol, Atlanta, Georgia 30334
Memorandum

To:

House, Senate and Secretary of State

From: Cindy Wright

Subject: Line Item, Vetoes in House Bill 284, Act 6

Date: March 7, 1991

Please be advised that Governor Miller has line item vetoed the following Sections in House Bill 284, Act No. 6:
Section 54, Page 64, Second paragraph of Section 54 beginning with "It is the intent...."
Section 70, Page 73
Section 74, Page 75
CDW:bt
Attachment
The following communication from the Secretary of State was received:
STATE OF GEORGIA OFFICE OF SECRETARY OF STATE
I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the attached list contains the names and addresses of persons numbered 1059 through 1062, who have registered in the Docket of Legislative Appearance as of March 15, 1991, 2:30 p.m. in accordance with Georgia Law 1970, p. 695, as the same appears on file and record in this office.

FRIDAY, MARCH 15, 1991

2733

(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 15th day of March, in the year of our Lord One Thousand Nine Hundred and Ninety-one and of the Independence of the United States of America the Two Hundred and Fifteenth.
M Max Cleland Secretary of State

1059. Larry M. Dingle Chambers Development Co. Inc. of Georgia Palmetto Industrial Development Inc. 999 Peachtree Street Suite 1700 Atlanta, Georgia 30309
1060. Marige Pitts Hames Georgia Abortion Providers 2671 Rivers Road NW Atlanta, Georgia 30305

1061. Charles T. Autry Oglethorpe Power Corp. 2100 East Exchange Place Tucker, Georgia 30085-1349
1062. Deborah L. Sheppard Campaign For A Prosperous Georgia 1083 Austin Avenue Atlanta, Georgia 30307

Pursuant to SR 341, adopted by the House and Senate, the Speaker announced the House adjourned sine die.

INDEX TO JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
REGULAR SESSION 1991
PART I -- ALPHABETICAL TABULATION (House and Senate Bills and Resolutions)
PART II --NUMERICAL TABULATION (House Bills)
PART III -- NUMERICAL TABULATION (House Resolutions)
PART IV -- NUMERICAL TABULATION (Senate Bills in House)
PART V -- NUMERICAL TABULATION (Senate Resolutions in House)

HOUSE JOURNAL
PART I
HOUSE AND SENATE BILLS AND RESOLUTIONS
A. H. STEPHENS STATE PARK; volunteer clean up efforts; commend ..............HR 314 ABANDONMENT, CHILD
Children and youth; community innovation zones; designate...................................HB 1050 Children; certain cases; provide legal counsel................................................................HB 180 Joint Study Committee for the Well-being of Georgia's
Children; create...............................................................................................................HR 333 ABANDONMENT, PROPERTY
Derelict motor vehicles; disposition.................................................................................HB 783 Motor vehicles; moving or storing; liens..........................................................................SB 339 ABERNATHY, DR. RALPH DAVID; condolences...................................................HR 327 ABORTION Advertisements; include physicians' names and degrees............................................HB 1064 Fetal anesthesia; alleviation of organic pain..................................................................HB 767 Informed consent..............................................................................................................HB 1062 ACCOUNTANT, CERTIFIED PUBLIC; educational requirements......................HB 351 ACUPUNCTURISTS; regulation......................................................................................HB 88 ACWORTH, CITY OF; approval of expenditures; special election............................HB 237 AD VALOREM TAX Agricultural property; preferential assessment; date of covenant...............................HB 266 Appraisal staff; access to property ...................................................................................HB 264 Certain taxpayer appeals; file surety bonds...................................................................HB 340 Conservation property; residential transitional property; timber...............................HB 283 Definitions; tangible property, assessment.....................................................................HB 463 Fair market value; federal or state restrictions on property use................................HB 233
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2738

INDEX

AD VALOREM TAX (Continued) Freeport exemption; local option tax; time for election...............................................HB 198 Freeport exemption; property valuation.........................................................................HB 357 Herty Foundation; tax exemptions..................................................................................HB 312 Licenses; certain trailers; increase fees............................................................................HB 653 Millage rate; publication requirement.............................................................................HB 250 Motor vehicles and mobile homes; certain requirement...............................................HB 943 Property acquired by state; reduced liability.................................................................HB 435 Property outside state; exempt.........................................................................................HB 668 Property value; acquisition - CA......................................................................................HR 188 Ratio of assessed value to true value; school purposes .................................................SB 201 Real estate transfer tax; filing..........................................................................................HB 466 Real estate transfer tax, filing; boards of equalization, taxpayer's appeal .............................................................................................................SB 103 Special Program of Services for At-Risk Children and Families Act; enact.......................................................................................................HB 1073 Tax deferral for the elderly; alternative method...........................................................HB 505 Tax deferral for the elderly; annual income of $25,OOO................................................HB 507 Tax deferral for the elderly; annual income of $40,OOO................................................HB 506 Tax deferral for the elderly; certain counties; alternative method..........................................................................................................HB 503 Tax deferral for the elderly; certain counties; repeal alternative method..............................................................................................HB 504 Tax digest; appeals and arbitrations; conditions for approval ....................................HB 858 Tax digest; appeals of rejections......................................................................................HB 411 Tax digest; conditional approval......................................................................................HB 410 Tax digest; disapproval by commissioner; assessment..................................................HB 414 Tax digest; disapproved; collection authorization .........................................................HB 415 Tax digest; rejection; appeal procedures.........................................................................HB 412 Time for making returns .....................................................................................................HB 93
ADAD EQUIPMENT; use with long-distance telephone calls; urge Federal Communications Commission to regulate...............................................HR 379
ADAIRSVILLE, CITY OF; Bartow County; convey property...................................HR 103
ADJOURNMENT Adjourn 1/18/91; reconvene 1/28/91.....................................................................................SR 5 Adjourn 2/8/91; reconvene 2/11/91 ..................................................................................HR 229 Adjourn 2/15/91; reconvene 2/18/91 ................................................................................HR 299 Adjourn 2/22/91; reconvene 2/25/91 ................................................................................HR 368 Adjourn 3/1/91; reconvene 3/5/91 .....................................................................................SR 247 Adjourn 3/8/91; reconvene 3/11/91 ..................................................................................HR 472 Adjourn 3/13/91; reconvene 3/15/91 .................................................................................SR 319 Adjourn 3/13/91; reconvene 3/15/91; adjourn sine die 3/15/91 ....................................SR 317 Adjourn sine die 3/15/91 ....................................................................................................SR 341
ADMINISTRATIVE PROCEDURE Contested cases; licensees' review of information..........................................................HB 329 Purchasing; acquisition of products produced in United States...................................HB 92 State agencies; receipt of certain documents; requirements........................................HB 118
ADMINISTRATIVE SERVICES, DEPARTMENT OF Asbestos; private companies assisting state; liability insurance...................................SB 342 GeorgiaNet Authority; information from public to agencies.......................................HB 210 Georgia Prompt Payment Act; enact...............................................................................HB 450 Purchase recycled paper products......................................................................................HB 36 Purchasing; acquisition of products produced in United States...................................HB 92 Retirement systems; board of trustees; membership......................................................HB 42

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INDEX

2739

ADMINISTRATIVE SERVICES, DEPARTMENT OF (Continued) State contracts; minority businesses; certification.........................................................SB 144 State purchasing; contract amount; sealed bid or advertisement................................SB 183
ADMINISTRATORS AND EXECUTORS (Also, see Wills, Trusts and Administration of Estates) Real estate transfer tax; certain heirs; exemption.........................................................HB 563 Self-proved will; testator and witnesses; affidavits.......................................................HB 556 Wills; lost or destroyed; copy accepted for probate......................................................HB 440 Wills; lost or destroyed; copy accepted for probate.........................................................SB 41 Year's support; certain items; delete provisions............................................................HB 541 Year's support; determination of amount.......................................................................HB 540
ADOPTION; child custody; certain change of residence; notification ........................HB 896
ADVERTISING Abortions; include physicians' names and degrees......................................................HB 1064 Ad valorem tax; millage rate; publication requirement................................................HB 250 Dentists; names; provisions...............................................................................................HB 849 General Assembly; local bill advertisements; affidavit by author...............................HB 428 General Assembly; local bill advertisements; affidavit by author ...............................SB 174 Health care providers; deceptive advertising.................................................................HB 774 Unfair trade practice; insurance; certain advertising....................................................HB 904
AFRICAN-AMERICAN HISTORY; encourage as part of curriculum...................HR 148
AGED (See Elderly)
AGENCIES (See named Agency or State Government)
AGRICULTURE Agricultural Commodity Commission for Peanuts; members......................................HB 660 Agricultural products; definitions; include dairy products; exception .......................HB 844 Agricultural property; preferential assessment; date of covenant...............................HB 266 Agriculture, crops, farm products; define in Code .........................................................SB 311 Boll weevil eradication; cotton destruction; exemption................................................HB 475 Development authorities; surplus funds; use to promote industry, agriculture, and trade....................................................................................HB 820 Diseases in livestock; injunctions; provide......................................................................HB 174 Eggs; regulations, classifications, licenses........................................................................SB 126 Employees; use of legal agricultural commodities; nonworking hours ...........................................................................................................HB 925 Farm Tractor Warranty Act; enact..................................................................................HB 175 Farm wineries in state; wine in bond; sell to each other .............................................HB 756 Farm wineries; Sunday sales; remote tasting rooms.....................................................HB 676 Farm wineries; Sunday sales; remote tasting rooms or special entertainment districts ...................................................................................................SB 389 Motor vehicle; projecting load; flag requirement...........................................................HB 568 Public weighers; bond requirement; repeal provisions .................................................HB 256 Sales tax; food consumed off premises; exemption.......................................................HB 105 Sales tax; food consumed off premises; exemption - CA...............................................HR 10 Smoking in food establishments; prohibitions...............................................................HB 432 State Structural Pest Control Commission; expand powers.........................................SB 416 Weights and measures; packaged commodities; provisions..........................................HB 177
AIR POLLUTION Air Quality Act; amend provisions...................................................................................HB 709 Hazardous substances; spills or releases; reporting........................................................SB 142
AIRLINES AND AIRPORTS (See Aviation)

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2740

INDEX

ALBANY CHAPTER OF THE LINKS, INC.; commend........................................HR 312
ALBANY DAY AT CAPITOL; February 25, 1991; invite representatives to House...................................................................................................HR 187
ALBANY DIXIE ALL-STARS LITTLE LEAGUE BASEBALL TEAM; commend ..............................................................................................................HR 205
ALCOHOLIC BEVERAGES AND ALCOHOLISM Alcohol and drug course; fees...........................................................................................HB 147 Alcohol and drug course; fees...........................................................................................HB 164 Alcohol and drug course; State Board of Education supply teachers........................HB 562 Certain driver's licenses and identification cards; retroreflective finish.......................................................................................................HB 786 Certain traffic offenses; persons under age 18; suspend driver's license until 18..................................................................................................HB 868 Clinical social worker; involuntary emergency treatment certification; certain persons.......................................................................................HB 1068 Consumption on premises; prohibitions............................................................................HB 51 Controlled substances; certain violations; prohibit first offender status.................................................................................................................HB 253 Controlled substances; offense by law enforcement officer or prison guard; felony...................................................................................................HB 242 Department of Human Resources; unmarked motor vehicles; exception..........................................................................................................................HB 812 Driver's license suspension; change provisions and penalties.......................................SB 274 Driver's license suspension; refusing to submit to chemical test................................HB 451 Driver's license suspension; reinstatement.....................................................................HB 840 Driving under the influence; additional penalties.........................................................HB 115 Driving under the influence; alcohol concentration level...............................................HB 64 Driving under the influence; alcohol concentration level...............................................HB 75 Driving under the influence; alcohol concentration level.............................................HB 363 Driving under the influence; alcohol concentration level..............................................SB 113 Driving under the influence; amend provisions...............................................................HB 63 Driving under the influence; eliminate nolo contendere plea......................................HB 152 Driving under the influence; first offenders; education/intervention program...................................................................................HB 159 Driving under the influence; forfeiture of vehicle...........................................................HB 66 Driving under the influence; habitual violator; forfeiture..............................................HB 74 Driving under the influence; marked driver's license and bumper sticker.........................................................................................................HB 530 Driving under the influence; period of detention..........................................................HB 129 Driving under the influence; school bus driver, penalties; DUI alcohol or drug use risk reduction programs, criminal records checks.................................SB 312 Driving under the influence; suspension of driver's license...........................................HB 65 Driving under the influence; third conviction; treatment..............................................HB 77 Driving under the influence; third or subsequent conviction; increase penalty..........................................................................................HB 364 Driving under the influence; fourth through sixth convictions; penalties .....................................................................................................HB 425 Drug abuse prevention services; good faith provider; liability....................................HB 827 DUI alcohol or drug use risk reduction programs.........................................................HB 297 DUI alcohol or drug use risk reduction programs; instructors; criminal records checks..................................................................................................HB 358 Farm wineries in state; wine in bond; sell to each other .............................................HB 756 Farm wineries; Sunday sales; remote tasting rooms.....................................................HB 676 Farm wineries; Sunday sales; remote tasting rooms or special entertainment districts ...................................................................................................SB 389

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INDEX

2741

ALCOHOLIC BEVERAGES AND ALCOHOLISM (Continued) Health and mental health; amend Code provisions ......................................................HB 716 Ignition interlock device; condition of probation for driving under the influence...........................................................................................HB 165 Malt beverages; production for home consumption........................................................HB 62 Mental health; amend provisions .....................................................................................HB 889 Murder by vehicle; define offense....................................................................................HB 687 Open container in vehicle; prohibitions..........................................................................HB 651 Open container while driving or passenger; prohibit ....................................................HB 254 Open container while driving; prohibitions ......................................................................HB 11 Open container while driving; prohibitions .......................................................................SB 52 Package stores; certain prohibitions ..................................................................................HB 52 Persons under age 21; prohibit from certain premises ...................................................HB 61 Pharmacists; license hearings; certain disabilities.........................................................HB 136 Possession by persons under age 21; complete certain program .................................HB 150 Psychologists; scope of service..........................................................................................HB 408 Purchase by persons age 21 or younger; penalty .............................................................HB 22 Sales on Sunday; remove prohibition..............................................................................HB 459 Sales; passenger vessels........................................................................................................HB 49 Self-sufficiency Trust Fund for Mentally Disabled Persons; create................................................................................................................................HB 689 Special facilities by Department of Human Resources; certain notification required .........................................................................................HB 573
ALEXANDER, DR. CAMERON M.; commend ..........................................................HR 408
ALFORD, HONORABLE DEAN; absence from session; father's illness............Page 1027
ALIENS Employment loyalty oath; delete certain reference.......................................................HB 190 Insurance regulations; amend Code ..................................................................................SB 347 Prohibit ownership of public utilities................................................................................HB 12
ALIMONY AND CHILD SUPPORT Assistant district attorneys; child support recovery duties..........................................HB 416 Child support; amend provisions......................................................................................HB 547 Child support awards; change method of computation ................................................HB 816 Child Support Recovery Act; amend provisions ............................................................HB 426 Georgia Child Care Council; create..................................................................................HB 399 Modification of alimony or child support; nonresident jurisdiction .......................................................................................................................HB 806
AMBULANCES (See Emergencies and Emergency Services)
AMENDMENTS TO THE CONSTITUTION (See Constitutional Amendments)
AMERICAN DOGWOOD; federal and state agencies and University System of Georgia; urge research to save .......................................................................HR 439
AMOS, JOHN B.; condolences ............................................................................................HR 57
AMTRAK; proposed service through Georgia; endorse..................................................HR 286
ANDERSONVILLE PRISONER OF WAR MEMORIAL TRAIL; designate...SR 213
ANDREWS, CHIP; commend...........................................................................................HR 323
ANIMALS Clinical laboratories; definitions; include certain tissue banks .......................................HB 2 Cockfighting; provide for felony offense.........................................................................HB 871 Disabled persons; right to be accompanied by service dog............................................HB 96

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2742

INDEX

ANIMALS (Continued) Diseases in livestock; injunctions; provide......................................................................HB 174 Dog and cat abuse; prohibit; penalties............................................................................HB 618 Dog racing; authorize pari-mutuel wagering.....................................................................HB 54 Dog racing; provide for pari-mutuel wagering - CA........................................................HR 26 Equine Activities Immunity Act; enact...........................................................................HB 292 Equine activities; immunity from liability for certain persons ....................................SB 287 Game and fish; nonresident salt-water fishing license; trafficking in bears or bear parts; pet ferret ...............................................................SB 374 Horse racing; authorize pari-mutuel wagering.................................................................HB 55 Horse racing; provide for pari-mutuel wagering - CA ....................................................HR 22 Leased livestock; owner; liability......................................................................................HB 438 Pari-mutuel racetracks and wagering; authorize ...........................................................HB 777 Public weighers; bond requirement; repeal provisions .................................................HB 256 Veterinary medicine; certain dental procedures ............................................................HB 446
ANNEXATION; copy of local bills; requirement...........................................................HB 113
ANTHONY, STEVE; commend........................................................................................HR 488
ANTIOCH BAPTIST CHURCH; commend ................................................................HR 545
APPEAL AND ERROR Actions for damages; judgments of $10,OOO.OO.................................................................HB 70 Bill of costs............................................................................................................................HB 69 Court of Appeals; bailable offenses; superior court judge delegate authority to other judges ...............................................................................HB 875 Court of Appeals; Joint Session; Governor's message; invite Judges and Supreme Court Justices................................................................................HR 6 Court of Appeals; Judges and Supreme Court Justices; forfeit retirement benefits after certain age; exceptions .......................................................SB 153 Court of Appeals; Judges and Supreme Court Justices; retirement benefits; delete certain provisions................................................................................HB 479 Death penalty; eliminate ...................................................................................................HB 106
APPROPRIATIONS AND FISCAL AFFAIRS Budgets; long-term plans; cost-benefit reviews of programs ........................................SB 410 Fiscal year; April 1-March 31; authorization - CA..........................................................HR 32 General appropriations; FY 1991-92................................................................................HB 285 Georgia Prompt Payment Act; enact...............................................................................HB 450 Labor Department; employment security; appropriation...............................................HB 84 Local welcome centers; state funding...............................................................................SB 357 MARTA; prohibition of certain state funds; repeal......................................................HB 586 MARTA; state funds; eligibility to receive...................................................................HB 1060 Revenue bills; originate in either House - CA..................................................................SR 13 State agencies; certain programs; periodic review.........................................................HB 818 Supplemental appropriations; FY 1990-91 .......................................................................HB 85 Supplemental appropriations; FY 1990-91 .....................................................................HB 120 Supplemental appropriations; FY 1990-91 .....................................................................HB 284 Supplemental appropriations; FY 1991-92.....................................................................HB 286
ARMSTRONG, HENRY T., JR.; commend .................................................................HR 141
ARNOLD, C. HAASE, SR.; commend............................................................................HR 267
ARRESTS Bail; acceptance; commitment hearing not required.....................................................HB 495 Driver's license in lieu of bail; receipt.............................................................................HB 187 Guaranteed arrest bond certificate; increase amount ...................................................HB 387

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INDEX

2743

ARTS Georgia folklife; programs, archives, trust fund; provide .............................................HB 946 Works of fine art; authorization to duplicate .................................................................SB 375
ASHBURN, CITY OF Concerned Citizens Organization of Ashburn and Turner County; commend...........................................................................................................HR 624 One-hundredth anniversary; commend ...........................................................................HR 625 Rose Garden Club; golden anniversary; commend........................................................HR 627
ASHFORD, SYLVESTER; commend ............................................................................HR 256
ASHMORE, SARAH; commend.........................................................................................HR 84
ASSAULT OR BATTERY Simple and aggravated AIDS battery; provide for offenses; penalties ...........................................................................................................................HB 910 Simple battery against police officer; punishment.........................................................SB 255
ASSOCIATION COUNTY COMMISSIONERS OF GEORGIA Fourth Annual Legislative Day; recognize January 31, 1991 .....................................HR 200
ATHENS, CITY OF; Athens-Clarke County State Court; amend provisions ...........HB 917
ATKINS, MS. BABE; commend......................................................................................HR 423
ATLANTA, CITY OF Bond issuance without referendum; limitation...............................................................SB 455 Campus policemen; certain colleges; repeal certain definition ....................................HB 610 City business improvement districts; repeal Act providing .........................................HB 612 Community improvement districts; create .....................................................................HB 544 Contracts for criminal justice facility; repeal certain provision..................................HB 322 Fulton County and Atlanta; millage rate...........................................................................SB 43 Housing authority commissioners; tenure and qualifications......................................HB 614 Joint Session; 1996 Olympics in Atlanta; recognize persons responsible ............................................................................................................................SR 6 Local governments; certain provisions; amend population figures .............................HB 608 Metropolitan Atlanta Olympic Games Authority; membership ..................................HB 921 Motor vehicle self-insurance; amend population figures ..............................................HB 607 Public safety radio services; coordinated use; certain municipalities ..................................................................................................................HB 611 Public works projects; certain municipalities; population............................................HB 615 Restoration of Auburn Avenue; support...........................................................................HR 30 Revenue Code; certain provisions; change population figures.....................................HB 609 Solid waste disposal facility; prohibit; exception ...........................................................SB 386 Urban enterprise zones; residential purposes.................................................................HB 518
ATLANTA CONSTITUTION, THE; reduced circulation in South Georgia; reconsider .................................................................................................HR 147
ATLANTA JUDICIAL CIRCUIT Add judge.............................................................................................................................HB 516 Chief judge of the superior court; repeal Act providing...............................................HB 718
ATLANTA RED CROSS; invite representative to House ..........................................HR 334
ATTORNEY GENERAL Certain elected officials; plurality of votes - CA.............................................................HR 38 Georgia Register Act; enact................................................................................................SB 379
ATTORNEYS County attorneys; authorization; residency requirements............................................HB 371

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2744

INDEX

ATTORNEYS (Continued) Employees' Retirement System; certain attorneys and employees; membership.................................................................................................HB 742 Financial institutions and attorneys; trust accounts.,.................................................HB 1097 Mental health hearings; payment of expenses...............................................................HB 213 Occupation tax; practitioner's principal office; amend.................................................HB 697 Prosecuting Attorneys' Council; certain personnel; compensation .............................HB 679 Public adjusters; motor vehicle accidents; prohibitions ................................................SB 309 Superior court; request senior judge; consent of counsel.............................................HB 680 Tax execution; administration levy; fees ...........................................................................SB 56 Works of fine art; duplication; authorization..................................................................SB 375
AUCTIONEERS Education, research, and recovery fund; create..............................................................SB 161 License requirement; continuing education.....................................................................SB 160
AUGUSTA, CITY OF; corporate limits..........................................................................HB 984
AUSTELL, CITY OF Homestead exemption; exception........................................................................................SB 80 Officers and employees; amend provisions........................................................................SB 76
AUSTIN, JAMES OWEN; condolences .........................................................................HR 610
AUTHORITIES Capital Finance Authority Act; enact ................................................................................SB 95 Correctional Education School Authority; create ..........................................................HB 517 County tollway projects; contract with State Tollway Authority...............................HB 713 County tollway projects; contract with State Tollway Authority...............................HB 782 Development authorities; number of directors ..............................................................HB 666 Development authorities; surplus funds; use to promote industry, agriculture, and trade....................................................................................HB 820 Environmental Facilities Authority; members..................................................................SB 96 Georgia Airport Development Authority Law; enact....................................................HB 525 Georgia Community Antenna Television (CATV) Authority; create .......................HB 1037 Georgia Education Authority (University) Act; amend.................................................SB 167 Georgia Hazardous Waste Management Authority; composition ..................................SB 94 Georgia Rail Passenger Authority; members; terms.....................................................HB 850 GeorgiaNet Authority; Employees' Retirement System...............................................HB 203 GeorgiaNet Authority; information from public to agencies .......................................HB 210 Hospital authorities; certain organizations; assistance ..................................................SB 281 Hospital authorities; state grants for public health purposes.....................................HB 424 Housing authorities; commissioners; number and selection ......................................HB 1089 Housing authorities; investments; change provisions..................................................HB 1067 Housing authorities; police powers..................................................................................HB 231 Jekyll Island-State Park Authority; membership............................................................HB 48 Lake Lanier Islands Development Authority; add members..........................................SB 99 MARTA; alternative fuel plans; provide by January 1, 1992......................................HB 881 MARTA; annual report; filing, public notice, and certain listings.............................HB 548 MARTA; annual report; public notice ............................................................................HB 218 MARTA; certain reserve funds; change date.................................................................HB 221 MARTA; collective bargaining; neutral arbitrator........................................................HB 738 MARTA; fact finders, arbitration, wage disputes; provisions ......................................SB 300 MARTA; operating costs; use certain interest income .................................................HB 657 MARTA; police force; qualifications and powers; clarify .............................................HB 659 MARTA; prohibition of certain state funds; repeal......................................................HB 586 MARTA; security and police force; powers....................................................................HB 219 MARTA; state funds; eligibility to receive...................................................................HB 1060 Metropolitan Atlanta Olympic Games Authority; membership..................................HB 921

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INDEX

2745

AUTHORITIES (Continued) Political subdivisions; property purchase; appraisal requirements.............................HB 499 Regional surface and air transportation authorities; create.........................................HB 919 Residential Finance Authority; amend provisions............................................................SB 35 Stone Mountain Memorial Association; add members....................................................SB 98 World Congress Center; add members.............................................................................SB 100 World Congress Center; amend provisions .....................................................................HB 928
AVIATION Airports; acquisition; consent of electors ........................................................................HB 121 Airports; acquisition, construction, and maintenance; required consent................................................................................................................HB 73 Airports; certain acquisitions; zoning laws .......................................................................HB 46 Airports; certain property condemnation; prohibit .......................................................HB 548 Airports; extraterritorial condemnation of property.......................................................HB 45 Airports Study Committee; create ...................................................................................HR 285 Counties and municipalities; airport outside boundary; Transportation Board approval....................................................................................HB 848 Counties and municipalities; acquire property for airport runways; referendum......................................................................................................HB 166 Georgia Airport Development Authority Law; enact ....................................................HB 525 Georgia Aviation Hall of Fame; Board, members; Overview Committee, create...........................................................................................................HB 140 Regional surface and air transportation authorities; create.........................................HB 919 Sales tax; aircraft; definition and exemption .................................................................HB 627 Transportation projects; private entity contracts; authorize.....................................HB 1081

B

BACON COUNTY; board of commissioners; revise and reenact law creating........HB 1026
BAIL Acceptance; commitment hearing not required .............................................................HB 495 Certain unclaimed bonds; disposition .............................................................................HB 436 Driver's license in lieu of bail; receipt.............................................................................HB 187 Family violence offense; additional conditions of bail; authorize...............................HB 448 Guaranteed arrest bond certificate; increase amount ...................................................HB 387 Offenses bailable only before superior court; certain instances; provide ............................................................................................................SB 388
BAKER COUNTY Office of treasurer; abolish ..............................................................................................HB 1032 Tax commissioner; create office.....................................................................................HB 1033
BALDWIN COUNTY Convey property....................................................................................................................SR 90 Convey property..................................................................................................................SR 106
BAMFORD, DR. SOPHIA BOYD; 1990 Mother of the Year; invite to House....................................................................................................................HR 227
BANKING AND FINANCE Bad checks; dishonor fee and service charge...................................................................HB 47 Bad checks; present consideration; define.......................................................................SB 131 Bad checks; prosecution by subsequent holder .............................................................HB 151
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2746

INDEX

BANKING AND FINANCE (Continued) Bad checks; prosecution in magistrate courts; citation................................................HB 620 Business development corporations; loan requirement ...................................................SB 34 Certain taxes and license fees; payment by check; provisions....................................HB 334 Check cashers; licensing; change exemption...................................................................HB 470 Criminal issuance of bad check; define offense.............................................................HB 390 Financial institution officer; certain information requirement; liability.......................................................................................................SB 162 Financial institutions and attorneys; trust accounts...................................................HB 1097 Georgia Security for Public Deposits Act; enact .........................................................HB 1096 Licensed check cashers; surety bonds .............................................................................HB 383 Office of Planning and Budget director; member; State Financial and Investment Commission - CA..............................................................SR 200 Pawnbrokers; regulation and licensing............................................................................HB 471 Public assistance checks; banks to cash; urge..................................................................HR 23 Real estate brokers and salespersons; trust accounts; interest-bearing .............................................................................................................HB 1002 Uniform Commercial Code; amend..................................................................................HB 762
BANKS COUNTY Coroner; compensation.......................................................................................................HB 766 Magistrate court; law library fees....................................................................................HB 852
BARBEQUE KITCHEN; commend................................................'................................HR 253
BARBER, LISA CHAPMAN; commend.......................................................................HR 622
BARBERSHOPS AND SCHOOLS; sanitary precautions; comply........................HB 1077
BARNESVILLE, CITY OF Mayor and council; election ..............................................................................................HB 701 Municipal general election; date ......................................................................................HB 978
BARRON, CHARLES WILLIAM (BILL); commend..............................................HR 493
BARRY, MS. TINA MARIE; commend........................................................................HR 259
BARTOW COUNTY Board of education; select chairman .............................................................................HB 1056 Convey property to City of Adairsville...........................................................................HR 103 School superintendent; board appoint..........................................................................HB 1055
BASINSKI, GENE; invite to House................................................................................HR 410
BEAVERS, HOWARD; condolences ...............................................................................HR 417
BECK, HONORABLE JAMES; commend...................................................................HR 505
BEDFORD, GARY; commend ..........................................................................................HR 531
BELL, ALBERT DONALS; commend ..........................................................................HR 516
BEN HILL COUNTY Board of commissioners; composition .............................................................................HB 736 Board of education; correct clerical errors..........................................................................HB 7 Fitzgerald-Ben Hill County Charter Commission; create ............................................HB 985 School superintendent; appoint........................................................................................HB 737
BENN, LORENZO;condolences.........................................................................................HR 95
BENNETT, JEFF; commend ..............................................................................................HR 89
BEVERAGE CONTAINERS Alcoholic beverages; open container in vehicle; prohibitions.......................................HB 651

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2747

BEVERAGE CONTAINERS (Continued) Alcoholic beverages; open container while driving or passenger; prohibit.............................................................................................................................HB 254 Alcoholic beverages; open container while driving; prohibitions ..................................HB 11 Alcoholic beverages; open container while driving; prohibitions ...................................SB 52 Commerce and trade; provisions ......................................................................................HB 870
BIBB COUNTY Macon-Bibb County Governmental Reorganization Study Commission; create .......................................................................................................HB 1093 Macon-Water Commissioners Pension Plan; employer contributions.........................SB 221
BIBB, RANDOLPH T. (BUMPS), SR.; condolences ...............................................HR 274
BILES, PAT AND ERNEST; commend .......................................................................HR 590
"BILL MUMBLER" OF 1991; commend.....................................................................HR 456
BINGO Licensing requirements.......................................................................................................SB 120 Lotteries; delete prohibitions; provide for nonprofit lottery - CA..............................HR 226
BLAND, DR. RONALD WAYNE; condolences ..........................................................HR 326
BLASTING Criminal possession of incendiary or explosive device; define offense ..................................................................................................................HB 271 False or facsimile bombs; prohibitions............................................................................HB 107
BLAYLOCK, MRS. CHRISTINE D.; commend ........................................................HR 614
BLIND PERSONS Disabled; right to be accompanied by service dog ..........................................................HB 96 Driver's license; vision requirements; bioptic telescope ..................................................SB 81 Georgians with Disabilities Act of 1991; enact ..............................................................HB 834 Mobility impaired persons and their service dogs; rights ............................................HB 835 Multifamily dwellings; specifications; handicapped persons........................................HB 522 Older Georgians' and Handicapped Transportation Task Force; create ....................................................................................................................HR 457 Personal Attendant Care Program for Disabled Adults Act; provisions ......................SB 68 Technology Related Assistance Trust Fund for Individuals with Disabilities - CA .....................................................................................................SR 146 Technology Related Assistance Trust Fund for Individuals with Disabilities and the Technology Related Assistance Trust Fund for Individuals with Disabilities Commission; enact.......................................SB 269
BLUE RIDGE JUDICIAL CIRCUIT Add judge.............................................................................................................................HB 360 Add judge..............................................................................................................................SB 364
BOARD OF REGENTS, UNIVERSITY SYSTEM OF GEORGIA Alternative energy sources; urge research and development .........................................HR 12 American dogwood; federal and state agencies and University System; urge research to save.......................................................................................HR 439 Certain educational facilities; authorize guaranteed revenue debt - CA ..........................................................................................................HR 384 Educational institutions; certain documents; unlawful .................................................SB 313 Full-tuition scholarship program; provide ......................................................................HB 515 Full-tuition scholarship program; provide .........................................................................SB 31 Georgia Education Authority (University) Act; amend.................................................SB 167

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2748

INDEX

BOARD OF REGENTS, UNIVERSITY SYSTEM OF GEORGIA (Continued) Quality Basic Education; certain officials and employees; serve as substitute teachers...........................................................................................HB 625 Scholarships; certain offices; promote programs ...........................................................HB 695 Scholarships, loans, grants, insuring of loans; certain military persons; General Assembly provide - CA ....................................................HR 399 State Arboretum of Georgia; designate Thompson Mills forest of University of Georgia ................................................................................................HR 225 State Arboretum of Georgia; designate Thompson Mills forest of University of Georgia .................................................................................................SR 129 Student Advisory Council; commend ..............................................................................HR 252 Teachers; optional retirement plan; contributions..........................................................HB 78 University System; earned credit hours; relative to expiration...................................HR 543 University System Laboratory, Equipment, Rehabilitation Technology, and Eminent Scholars Endowment Study Committee; create.............................................................................................................HR 99
BOILERS AND PRESSURE VESSELS; inspection and fees; time limit ............HB 439
BONDS Bids by affiliated corporations; certain cases; forfeit bond .........................................HB 465 Bond proceeds; authorized investments; provisions.......................................................SB 175 Certain counties; bond elections; provisions...................................................................HB 498 Certain taxpayer appeals; file surety bonds; exception................................................HB 340 Certain unclaimed bonds; disposition .............................................................................HB 436 Contractors; sales tax on execution of subcontracts .....................................................HB 336 Driver training schools; surety bond, fee, and license provisions ...............................HB 824 Guaranteed arrest bond certificate; increase amount ...................................................HB 387 Hunting, fishing, and trapping license agents; self-insurance fund; defalcation....................................................................................HB 708 Licensed check cashers; surety bonds .............................................................................HB 383 Mechanics' and materialmen's liens; suppliers of rental equipment for improvement of real estate; waiver and bond rights ..........................................HB 528 Radiation-generating equipment license, post bond; tanning facilities, provisions ........................................................................................................HB 894 Revenue Bond Law; undertaking; change definition....................................................HB 638 Revenue bonds; interest rate; annual payment ................................................................SB 42
BOSTIC, HONORABLE HARRIS C.; condolences .....................................................HR 91
BOUNDARIES Airports; certain property condemnation; prohibit .......................................................HB 548 Land use covenants; continuation.....................................................................................SB 133 Property posted against hunting; mark trees with royal purple paint...........................................................................................................HB 745 Restrictive covenants; limitation on action; building set-back line.....................................................................................................HB 259
BOX FACTORY OF INLAND CONTAINER CORPORATION; commend.....HR 397
BOXING State Boxing and Wrestling Commission; create...............................................................HB 9 State Boxing and Wrestling Commission; create...........................................................HB 108
BOYD, HONORABLE JOSEPH ARTHUR, JR.; commend ..................................HR 406
BOYNTON ELEMENTARY SCHOOL; commend....................................................HR 203
BOYS CHOIR OF HARLEM; commend.......................................................................HR 310
BRACK, CARL E.; commend............................................................................................HR 255

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2749

BRAGG, WILLIAM R. "BILLY"; condolences ...........................................................HR 575
BRANTLEY COUNTY Board of commissioners; compensation.........................................................................HB 1028 Convey property..................................................................................................................SR 140
BRANTLEY, J. MARION; commend............................................................................HR 196
BREMEN HIGH SCHOOL 1990 BASEBALL TEAM; invite to House ............HR 316
BRONNER, NATHANIEL HAWTHORNE; commend............................................HR 438
BROWN, LARRY; invite to House..................................................................................HR 410
BROWN, MRS. EVARN; commend................................................................................HR 168
BROWN, T. GRAHAM; commend...................................................................................HR 467
BROWNING, BARBARA Commend.............................................................................................................................HR 581 Honor....................................................................................................................................HR 530
BRUNSWICK, CITY OF; new charter...........................................................................HB 843
BRUNSWICK JUDICIAL CIRCUIT Add judge...........................................................................................................................HB 1030 Add judge..............................................................................................................................SB 314
BRYAN COUNTY Grant easement...................................................................................................................HR 160 Probate court judge; compensation..................................................................................HB 923 Sheriff; compensation.........................................................................................................HB 920
BUDGET (See Appropriations and Fiscal Affairs)
BUFORD, CITY OF; corporate limits.............................................................................HB 992
BUILDINGS AND HOUSING Elevators, dumbwaiters, escalators, manlifts, and moving walks; inspection and fees; time limit ...........................................................HB 439 Georgia Housing and Finance Authority Act; enact........................................................SB 95 Housing authorities; commissioners; number and selection ......................................HB 1089 Housing authorities; investments; change provisions..................................................HB 1067 Housing authority commissioners; tenure and qualifications......................................HB 614 Housing authority police; powers.....................................................................................HB 231 Manufactured or mobile homes; new or used; dealer licensure................................HB 1039 Residential Finance Authority; amend provisions............................................................SB 35 Toilets, shower heads, faucets in buildings; requirements...........................................HB 605
BULL STREET BAPTIST CHURCH; commend......................................................HR 602
BURKE COUNTY Community improvement districts..................................................................................HB 931 Economic development authority; create........................................................................HB 930
BURNSED, ANNETTE; recognize and commend..........................................................HR 52
BUSINESS AND OCCUPATION TAX Corporate income taxes; time of payment......................................................................HB 338 Corporations; certain foreign income; taxable................................................................HB 339 Occupation tax; practitioner's principal office; amend.................................................HB 697 Occupation taxes; telecommunication services; county license ...................................HB 677 Occupation taxes; utility services; county license..........................................................HB 629

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2750

INDEX

BUSINESS AND OCCUPATION TAX (Continued) Principal office; certain contractors.................................................................................HB 750 Principal office; maximum ................................................................................................HB 624 State tax; certain rentals; proceeds to State Children's Trust Fund ......................................................................................................................HB 956
BUTTS COUNTY Board of commissioners; quarterly statements..............................................................HB 583 Superior court clerk; compensation .................................................................................HB 585 Tax commissioner; compensation.....................................................................................HB 587
BYNUM, JACOB; condolences.........................................................................................HR 629
BYRON, CITY OF; Peach County; annexation of property........................................HR 133

C. D. GEARING, JR. GOSPEL CHOIR; commend .................................................HR 473
CABANISS, DEE;commend...............................................................................................HR 49
CAIRO HIGH SCHOOL Syrupmaker band; commend............................................................................................HR 193 Syrupmakers football team; invite to House..................................................................HR 136 Syrupmakers varsity cheerleaders; commend.................................................................HR 137
CALHOUN, CITY OF; Calhoun-Gordon County Airport Authority Act; members.......................................................................................................................HB 819
CALHOUN COUNTY; grant easement ..........................................................................HR 160
CAMDEN COUNTY; public service authority; powers................................................HB 973
CAMPAIGN AND FINANCIAL DISCLOSURE Contributions; elected officials; limitation.........................................................................SB 18 Contributions; limitations ......................................................................................................SB 4 Contributions; elected public officials; limitations........................................................HB 521 Contributions; political action committees; disclosure ....................................................SB 20 Contributions; unopposed candidates; disclosure...........,..............................................HB 229 Financial disclosure reports; unopposed candidate.......................................................HB 196 Gifts, entertainment, food, lodging over $200; certain information required....................................................................................................HB 1042 Literature; regulation provisions.........................................................................................SB 22
CANDIDATES Ballots; order of names; randomized alphabet...............................................................HB 178 Bribery; public officials; define offense..............................................................................SB 72 Campaign contributions; political action committees; disclosure ..................................SB 20 Campaign contributions; unopposed candidate; disclosure..........................................HB 229 Campaign literature; regulation provisions........................................................................SB 22 Drug testing; definition; pauper's reimbursement.........................................................HB 601 Elected public officials; campaign contributions; limitations......................................HB 521 Election Code; presidential electors; amend provisions................................................HB 907 Elections; certain petitions; one signature per card.........................................................SB 25 Elections; nomination petitions; requirements...............................................................HB 197 Elections; power of State Election Board to intervene ..................................................HB 67 Elections; write-in candidate; specify office...................................................................HB 201
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2751

CANDIDATES (Continued) Financial disclosure reports; unopposed candidate.......................................................HB 196 General primary and nonpartisan primary; change date.............................................HB 342 Municipal elections; notice of candidacy........................................................................HB 204 Probate court judges; nonpartisan election; qualifying ...................................................SB 62 Special elections; uniform dates .......................................................................................HB 195 State officers and employees; political activities; authorization ....................................SB 23
CANDLER COUNTY; magistrate court; appointments ..............................................HB 891
CANTON, CITY OF; mayor and council; terms............................................................HB 802
CARLTON, CITY OF; mayor and councilman; terms..................................................HB 172
CARNIVAL RIDES; inspection fees...............................................................................HB 439
CARROLL COUNTY; state court judge; compensation ..............................................HB 887
CARTER, CORPORAL HARRY R. AND RANGER FIRST CLASS ERIC SANDERS; commend .........................................................................................HR 126
CATHY, S. TRUETT; commend......................................................................................HR 165
CATOOSA COUNTY Board of elections and registration; amend provisions.................................................HB 752 Board of utilities commissioners; amend provisions .....................................................HB 753 Probate judge; clerical assistance.....................................................................................HB 356
CEMETERIES Funeral directors and embalmers; apprenticeship; registration..................................HB 576 Funeral home; construction on cemetery property; requirements...............................SB 236 Indian burial grounds, human remains, and burial objects; protection .........................................................................................................................HB 457 Preservation; local government.........................................................................................HB 402
CENTERVILLE, CITY OF Amend Act incorporating ..................................................................................................HB 856 Corporate limits ..................................................................................................................HB 948
CENTRAL BAPTIST CHURCH; commend................................................................HR 428
CHAMBLESS, HONORABLE TOMMY; oath of office ............................................Page 9
CHAMBLISS, REVEREND L. J.; commend...............................................................HR 195
CHANCE, HONORABLE GEORGE A., JR.; commend .............................................HR 85
CHAPLAINS, HOUSE OF REPRESENTATIVES Atkins, Reverend Thomas E., Jr....................................................................................Page 438 Bosson, Dr. Allan W........................................................................................................Page 215 Brown, Reverend Robert C.............................................................................................Page 639 Carr, Reverend Tommy R.............................................................................................Page 1156 Caylor, Reverend Max C.................................................................................................Page 551 Collins, Reverend Mahry...............................................................................................Page 1318 Donovan, Reverend Walter J.......................................................................................Page 2528 Frady, Reverend Marvin J. W......................................................................................Page 1592 Garrett, Reverend Dan M...............................................................................................Page 156 Gunter, Reverend James W............................................................................................Page 729 Hahn, Dr. Stanley R......................................................................................................Page 1250 Hall, Reverend Augusta H., Jr.....................................................................................Page 1908 Hasty, Dr. Charles R......................................................................................................Page 2135 Hoffmann, Dr. Robert M................................................................................................Page 884

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2752

INDEX

CHAPLAINS, HOUSE OF REPRESENTATIVES (Continued) Leuthold, Reverend Mark A...........................................................................................Page 908 Lowery, Dr. Joseph E......................................................................................................Page 520 Malcom, Reverend Harris R...........................................................................................Page 314 Martin, Reverend Kenneth B.......................................................................................Page 1085 McKinney, Reverend Arnold..........................................................................................Page 136 Mills, Reverend J. Howard .................................................................................................Page 1 Minnix, Reverend J. Mike ..............................................................................................Page 278 Moore, Reverend George, Jr.........................................................................................Page 1131 Osborn, Reverend James R.............................................................................................Page 956 Pate, Dr. Benny G............................................................................................................Page 100 Perkins, Reverend David F., Jr......................................................................................Page 482 Powell, Reverend William O.........................................................................................Page 1863 Price, Dr. Nelson............................................................................................................Page 2014 Reid, Reverend Omer M...............................................................................................Page 1031 Rushing, Reverend James P...........................................................................................Page 195 Smith, Reverend Queon P............................................................................................Page 1763 Smithmier, Dr. Claude E..............................................................................................Page 1543 Summerour, Dr. Larry.....................................................................................................Page 791 Talley, Reverend John E.................................................................................................Page 699 Taylor, Dr. John Lee .......................................................................................................Page 112 Taylor, Reverend J. Roger ..............................................................................................Page 983 Varnell, Reverend Richard F., Sr..................................................................................Page 252 Williams, Reverend Jasper, Jr......................................................................................Page 1425 Wright, Reverend Howard J........................................................................................,Page 2304
CHARITIES Charitable organizations; financial statements ...............................................................SB 163 Excise tax; public accommodations; nonprofit organizations ........................................HB 57 Insurable interest; charitable institution; life of donor ................................................HB 903 Sales tax; exempt certain purchases................................................................................HB 365 Technical and adult education; employees; payroll deduction; certain charity..................................................................................................................SB 180 Torts; volunteer transportation of senior citizens; immunity from liabUity....................................................................................................................HB 555
CHARLTON COUNTY; tax commissioner; compensation ..........................................SB 373
CHATHAM COUNTY Board of elections; chairman's appointment..................................................................HB 377 Chatham-Savannah Youth Futures Authority; membership.......................................HB 236 Convey property....................................................................................................................SR 96 Savannah and Chatham County; board of public education; vacancies....................HB 740 State court; clerk's term .......................................................................................................SB 27 State court judges; compensation...................................................................................HB 1054 Transit services; unincorporated areas..........................................................................HB 1063 Tybee Island, City of; mayor and council; election.........................................................HB 94
CHATTOOGA COUNTY Board of commissioners; create........................................................................................HB 988 State court; judge and solicitor ........................................................................................HB 813 State court; judge and solicitor; compensation..............................................................HB 682
CHEADLE, MARK ANDREW; commend....................................................................HR 167
CHECKS (Also, see Banking and Finance or Financial Institutions) Bad checks; dishonor fee and service charge ...................................................................HB 47 Bad checks; present consideration; define.......................................................................SB 131 Bad checks; prosecution of subsequent holder..............................................................HB 151

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2753

CHECKS (Also, see Banking and Finance or Financial Institutions) (Continued) Bad checks; prosecution in magistrate courts; citation ................................................HB 620 Certain taxes and license fees; payment by check; provisions ....................................HB 334 Check cashers; licensing; change exemption...................................................................HB 470 Criminal issuance of bad check; define offense .............................................................HB 390 Licensed check cashers; surety bonds .............................................................................HB 383 Public assistance checks; urge banks to cash...................................................................HR 23
CHEROKEE COUNTY Board of education; vacancy in district ..........................................................................HB 388 Board of elections and registration; create.....................................................................HB 803 Elderly; homestead exemption..........................................................................................HB 831 Water and sewer authority; membership.........................................................................SB 428
CHILD ABUSE Accessing records; amend provisions...............................................................................HB 289 Children; certain cases; provide legal counsel ................................................................HB 180
CHILD CUSTODY (Also, see Domestic Relations or Parent and Child) Age at which a child chooses............................................................................................HB 405 Best interest of child; provide criteria .............................................................................SB 210 Certain change of residence; notification........................................................................HB 896 Certain change of residence; notification........................................................................HB 897 Child placement; Division of Family and Children Services of the Department of Human Resources; periodic reviews......................................HB 662 Child support awards; change method of computation ................................................HB 816 Continuing parental contact; interest of child................................................................SB 208 Death of parent; child age 14 or older select relative...................................................HB 692 Grandparents; no visitation rights; certain cases...........................................................HB 796 Interference with visitation rights; define offense.........................................................HB 243 Revise provisions.................................................................................................................HB 445
CHIROPRACTORS; clinical laboratories; request for examination of specimens ........................................................................................................................HB 328
CIGARS AND CIGARETTES Agriculture, crops, farm products; define in Code.........................................................SB 311 Employees; use of legal agricultural commodities; nonworking hours.......................HB 925 Public weighers; bond requirement; repeal provisions .................................................HB 256 Schools; smoking prohibitions ..........................................................................................HB 275 Smoking; amend provisions...............................................................................................HB 728 Smoking in food establishments; prohibitions ...............................................................HB 432
CITY COURTS (See Courts or Municipalities)
CIVIL PRACTICE Cause of actions outside state; certain dismissal...........................................................HB 950 Civil action; injury to minor child; limitation.................................................................SB 305 Civil actions; registered or certified mail; filing determined by postmark................................................................................................HB 698 Continuances; absence of attorney; General Assembly staff ........................................SB 310 Continuances; absence of witness, application; absence of attorney, General Assembly staff; professional malpractice, expert witness..........................HB 461 Continuances; party in armed forces................................................................................SB 238 Death penalty; eliminate ...................................................................................................HB 106 Depositions and other discovery material; filing certificate of service........................................................................................................HB 126 Depositions by telephone...................................................................................................HB 729 Modification of alimony or child support; nonresident; jurisdiction.......................................................................................................................HB 806

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2754

INDEX

CIVIL PRACTICE (Continued) Probation; collection of fines, costs, restitution, and reparation; deposit of court costs...................................................,.............................HB 823 Restrictive covenants; limitation on action; building set-back line.....................................................................................................................HB 259 Service of process; any United States citizen; limitation .............................................HB 188 Service of process by publication; certain requirements ............................................HB 1088 Stay of proceedings; certain federal provisions..............................................................HB 720
CLACK, BILLY J.; commend...........................................................................................HR 272
CLAIMS ADVISORY BOARD; claims against state; introduction of resolutions in Senate ........................................................................................................SB 16
CLARK, MRS. ANN CLEMENTS; commend ............................................................HR 561
CLARK, MRS. LORETTA ANNE; commend .............................................................HR 507
CLARKE COUNTY; Athens-Clarke County; state court; amend provisions............HB 917
CLASSES AAAA AND AAA BASKETBALL TOURNAMENTS; urge Georgia High School Association to hold at Albany Civic Center ...........................HR 563
CLAYTON COUNTY Commission chairman; compensation...............................................................................SB 403 Community improvement districts; create ......................................................................SB 450 Deputy state court clerk; compensation ..........................................................................SB 258 Deputy superior court clerk; compensation.....................................................................SB 257 Deputy tax commissioner; compensation......................................................................HB 1046 Deputy tax commissioner; compensation........................................................................,SB 456 Motor Vehicle Tag Department; commend....................................................................HR 294 State court judges; compensation .....................................................................................SB 401 State court solicitor; compensation...................................................................................SB 406 Superior court clerk and sheriff; compensation..............................................................SB 404 Tax commissioner; compensation......................................................................................SB 405 Water Authority; commend ..............................................................................................HR 582
CLERKS, SUPERIOR COURT Fees.......................................................................................................................................HB 290 Mechanics' and materialmen's liens; notification after filing......................................HB 223 Office hours ..........................................................................................................................SB 384 Probation; collection of fines, costs, restitution, and reparation; deposit of court costs.................................................................................HB 823 Services; costs; certain counties.........................................................................................SB 317 Vacancy; service by deputy ...............................................................................................HB 202
CLINICAL LABORATORIES Examination of human specimens; request by chiropractors ......................................HB 328 Tissue banks; definitions .......................................................................................................HB 2 Vehicles transporting biohazardous waste; certain markings or placard on vehicles .........................................................................................................HB 886
CLIVE, DR. CAROLYN E.; commend...........................................................................HR 311
COBB COUNTY Ad valorem tax; millage rate.............................................................................................HB 330 Board of commissioners; compensation...........................................................................HB 497 Board of commissioners; landfill prohibitions ..................................................................SB 83 Board of commissioners; public hearing ............................................................................SB 77 Cobb-Marietta Coliseum and Exhibit Hall Authority; members.................................SB 366

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2755

COBB COUNTY (Continued) Cobb Year 2000 Commission; create ...............................................................................HB 977 Commission for Operation Desert Storm Family Assistance; create..........................HB 805 Commission on Children and Youth; tax-exempt status ..............................................SB 214 Concord Historic District; urge funding for heritage park ..........................................HR 459 Grant easement......................................................................................................................SR 40 Juvenile court judge; compensation.................................................................................HB 961 Magistrate court; provisions..............................................................................................HB 877 Municipalities and school systems; millage rate.............................................................SB 349 Private Sector Survey Committee on Cost Control in County Government; create ........................................................................................................HB 599 Probate court judge and clerk; compensation................................................................HB 966 Recycling efforts; commend ..............................................................................................HR 422 State court; add judge.........................................................................................................SB 437 State court; amend provisions..........................................................................................HB 963 State court clerk and deputy; compensation..................................................................HB 965 State court; judges..............................................................................................................HB 970 Superior court clerk and deputy; compensation............................................................HB 964 Tax commissioner, chief clerk, executive secretary; compensation ............................HB 962
COBB JUDICIAL CIRCUIT Add judge.............................................................................................................................HB 669 District attorney, assistants, investigators; compensation............................................HB 960 Judges; supplement .............................................................................................................SB 371
COCHRAN, COLONEL ROBERT L.; commend........................................................HR 124
CODE OF GEORGIA Corrections...........................................................................................................................HB 167 Election; corrections ...........................................,.................................................................HB 68 Retirement and Pensions; corrections .............................................................................HB 168
COKER, HERBERT RUSSELL "BUSSEY"; commend..........................................HR 607
COLBERT, VERNON; invite to House ..........................................................................HR 410
COLLEGE PARK, CITY OF Centennial celebration; congratulate citizens and invite Mayor T. Owen Smith to House ..................................................................................HR 351 Districts; elections.............................................................................................................HB 1021
COLLEGES Alternative energy sources; urge research and development .........................................HR 12 American dogwood; federal and state agencies and University System; urge research to save.......................................................................................HR 439 Campus policemen; certain colleges; repeal certain definition ....................................HB 610 Certain educational facilities; authorize guaranteed revenue debt - CA ..........................................................................................................HR 384 Educational institutions; certain documents; unlawful .................................................SB 313 Full-tuition scholarship program; provide ......................................................................HB 515 Full-tuition scholarship program; provide.........................................................................SB 31 Georgia Education Authority (University) Act; amend.................................................SB 167 Georgia Military College; two-year limit; delete............................................................HB 842 Georgia Tech; Division I NCAA National Football Champions ...................................HR 20 House Postsecondary Vocational Education Laboratory, Equipment, and Library Research Needs Study Committee; create ...........................................HR 100 Matthews-Dent scholarships; establish ...........................................................................HB 176 Proprietary schools; additional limited exemption........................................................HB 477 Proprietary schools; amend provisions............................................................................HB 317 Proprietary schools; certain nonpublic medical schools; exemption...........................HB 582

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2756

INDEX

COLLEGES (Continued) Proprietary schools; fees; collection.................................................................................HB 318 Proprietary schools; job placement of graduates ...........................................................HB 301 Proprietary schools specializing in religious instruction; exemption..........................HB 225 Proprietary schools specializing in religious instruction; exemption...........................SB 407 Proprietary schools; tuition guaranty trust fund; establish.........................................HB 319 Quality Basic Education; certain officials and employees; serve as substitute teachers...........................................................................................HB 625 Quality Basic Education; courses at eligible institutions; high school credit.............................................................................................................SB 417 Scholarships; certain offices; promote programs ...........................................................HB 695 Scholarships, loans, grants, insuring of loans; certain military persons; General Assembly provide - CA ....................................................HR 399 State Arboretum of Georgia; designate Thompson Mills forest of University of Georgia.....................................................................................................HR 225 State Arboretum of Georgia; designate Thompson Mills forest of University of Georgia......................................................................................................SR 129 University of Tennessee; permit attendance of certain Georgia residents without out-of-state fees; urge.....................................................................HR 131 University System; earned credit hours; relative to expiration...................................HR 543
COLLINS, BARBARA-ROSE; commend.....................................................................HR 537
COLUMBIA COUNTY; board of education; appoint school superintendent..........HB 873
COMMERCE AND TRADE Agent and principal; deed executed under seal..............................................................SB 267 Bad checks; dishonor fee and service charge ...................................................................HB 47 Beverage containers; provisions........................................................................................HB 870 Business records; three-year retention ............................................................................HB 208 Cable industry; competition in marketplace; urge United States Congress to enact legislation...............................................................HR 261 Casino gambling, authorize; Gaming Commission, establish.........................................HB 58 Commerce and industry development; remove duty to promote from Department of Natural Resources......................................................HB 755 Consumers' utility counsel; change automatic repeal ...................................................HB 262 Consumers' utility counsel; change automatic repeal....................................................SB 101 Corporations; certain foreign income; taxable................................................................HB 339 Counties; contractors' purchase of materials; requirements ........................................HB 693 Credit life insurance; applicability...................................................................................HB 906 Development authorities; surplus funds; use to promote industry, agriculture, and trade....................................................................................HB 820 Dog racing; authorize pari-mutuel wagering.....................................................................HB 54 Dog racing; provide for pari-mutuel wagering - CA........................................................HR 26 Farm Tractor Warranty Act; enact..................................................................................HB 175 Fireworks; certain types; sales ........................................................................................HB 1035 Freeport tax exemption; continue....................................................................................HB 632 Freeport tax exemption; local option tax; time for election........................................HB 198 Gasoline marketing; retail sales; prohibitions................................................................HB 227 Gasoline; products containing alcohol; label ..................................................................HB 564 Georgia Science and Technology Commission; create..................................................HB 757 Goods and services; regulating cost; exemptions...........................................................HB 747 Horse racing; authorize pari-mutuel wagering .................................................................HB 55 Horse racing; provide for pari-mutuel wagering - CA....................................................HR 22 Insurance; aftermarket crash parts; definitions and provisions ..................................HB 888 Joint Study Committee on Gasoline Marketing; create ...............................................HR 248 Laundry or dry cleaning equipment; regulation; certain exception............................HB 114 Liens; laundries, cleaners, and similar establishments; alternative method for satisfaction...............................................................................SB 243

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2757

COMMERCE AND TRADE (Continued) Motor vehicle rentals; regulate.........................................................................................HB 918 Motor vehicles; franchise protection; distributor..........................................................HB 646 Motor Vehicle Warranty Rights Act; amend ...................................................................HB 32 Pari-mutuel racetracks and wagering; authorize ...........................................................HB 777 Pricing and Advertising of Consumer Items Act of 1991; enact...................................HB 30 Public weighers; bond requirement; repeal provisions .................................................HB 256 Public works contracts; preference to Georgia contractors..........................................HB 993 Purchases with credit card or check; prohibitions...........................................................SB 39 Residential utility service; deposit requirements...........................................................HB 367 Retail facilities; public rest room.....................................................................................HB 157 Retail stores; relative to price labels on shelves............................................................HR 415 Revolving account; delinquency charges; amount.........................................................HB 293 Sports events; ticket sellers; service charge....................................................................HB 480 Telephone service; certain billings; suspension..............................................................HB 350 Unauthorized insurer; action against; service of process..............................................HB 902 Unfair trade practice; insurance; certain advertising....................................................HB 904 Uniform Commercial Code; amend..................................................................................HB 762 Uniform Commercial Code; revise...................................................................................HB 761 Waste management; toxic heavy metals in packaging..................................................HB 124 Weights and measures; packaged commodities; provisions..........................................HB 177 Works of fine art; duplication; authorization..................................................................SB 375 World Congress Center; add members.............................................................................SB 100 World Congress Center; amend provisions.....................................................................HB 928
COMMERCE, CITY OF New charter.........................................................................................................................HB 860 New charter.........................................................................................................................HB 884
COMMERCIAL CODE Aliens; prohibit ownership of public utilities...................................................................HB 12 Uniform Commercial Code; amend..................................................................................HB 762 Uniform Commercial Code; definitions, provisions.....................................................HB 1086 Uniform Commercial Code; revise...................................................................................HB 761
COMMISSIONS Agricultural Commodity Commission for Peanuts; members......................................HB 660 Casino gambling; authorization; Gaming Commission; membership............................HB 58 Commission on Women; create.........................................................................................HB 654 Courts Automation Commission; create..........................................................................HB 215 Desert Storm Monument Commission; create...............................................................HR 414 Georgia Child Care Council; create..................................................................................HB 399 Georgia Commission on Public Education Progress; establish....................................HB 252 Georgia Council on Environmental Quality; urge creation..........................................HR 101 Georgia folklife; programs, archives, trust fund; provide.............................................HB 946 Georgia Science and Technology Commission; create..................................................HB 757 Georgia State Games Commission; provisions...............................................................HB 804 Governor's Committee on Regional Health Care Issues Affecting Grady Memorial Hospital; create.................................................................................HR 224 James Earl Carter, Jr. Tribute Commission; create......................................................HR 402 Joint Legislative Commission on Future Strategies; create.........................................HB 169 Judicial Nominating Commission; provide.....................................................................HB 299 Judicial vacancies; Judicial Nominating Commission; provide assistance..........................................................................................................................HB 116 Office of Planning and Budget director; member; State Financial and Investment Commission - CA..............................................................SR 200 Real Estate Commission; terms of office........................................................................HB 430 State Boxing and Wrestling Commission; create...............................................................HB 9

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2758

INDEX

COMMISSIONS (Continued) State Boxing and Wrestling Commission; create...........................................................HB 108 State Structural Pest Control Commission; expand powers.........................................SB 416 Study Commission on Postsecondary Technical and Adult Education Finance; create..............................................................................................SR 205 Urban Policy Study Commission; create.........................................................................SR 166 Veterans Armed Forces Honor Commission; create......................................................HR 443
COMMITTEES Airports Study Committee; create ...................................................................................HR 285 Children and Youth Overview Committee; create..........................................................SB 105 Electricity Generating Plant Condemnation Review Board; create ...........................HB 898 Georgia Aviation Hall of Fame; Board, members; Overview Committee, create...........................................................................................................HB 140 Georgia Children and Youth Overview Committee; create..........................................HB 302 Georgia Geographic Information System Study Committee; create...........................HR 183 Green Walks Study Committee; create.............................................................................HR 13
House Disparity in Sentencing and Sentencing Reform Study Committee; create...........................................................................................................HR 115
House Driver's License Sanctions and Auto Insurance Study Committee; create...........................................................................................................HR 235
House Facilities for Traumatic Brain Injured and Other Physically Debilitated Persons Study Committee; create..........................................HR 27
House Local Government Licenses and Permits Study Committee; create...........................................................................................................HR 116
House Military Support and Assistance Study Committee; create ............................HR 211 House Nursing Home Ombudsman Study Committee; create....................................HR 538 House Nursing Home Regulation and Inspection Study
Committee; create...........................................................................................................HR 539 House Older Georgians' Transportation Study Committee; report filed ................Page 309 House Postsecondary Vocational Education Laboratory,
Equipment, and Library Research Needs Study Committee; create .....................HR 100 House Sentencing Guidelines Study Committee; create ................................................HR 11 House State Flag Redesign Study Committee; create ....................................................HR 25 House State Health Benefit Plan Pharmacy Program Study
Committee; create...........................................................................................................HR 442 House Strategic Planning Study Committee; create.......................................................HR 28 House Study Committee on Local Government Revenue
Diversification; create ....................................................................................................HR 411 House Study Committee on Physical Fitness and Amateur
Sports; create...................................................................................................................HR 540 House Tiered Pricing of Pharmaceuticals Study Committee; create .........................HR 571 Indian burial grounds, human remains, and burial objects,
protect; Indian Burials Consultation Committee, create..........................................HB 457 Joint Capital Outlay Study Committee; create .............................................................HR 441 Joint Children's Poison Protection Study Committee; create.....................................HR 190 Joint Committee on Minority Business Enterprise Participation
in State Contracts; create.............,................................................................................HR 163 Joint Comprehensive Transportation Plan for Georgia Study
Committee; create.............................................................................................................HR 14 Joint Regional Hospital Study Committee; create........................................................HR 289 Joint Steering Committee for the Georgia General Assembly's
Conference on Teenage Homicides and Suicides; create..........................................HR 413 Joint Study Committee for Regional Development Centers;
create .................................................................................................................................SR 190 Joint Study Committee for the Well-being of Georgia's
Children; create...............................................................................................................HR 333 Joint Study Committee on Children and Youth; create .................................................SR 72

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2759

COMMITTEES (Continued) Joint Study Committee on Fines and Forfeitures and an advisory council; create..................................................................................................HR 347 Joint Study Committee on Gasoline Marketing; create ...............................................HR 248 Joint Study Committee on Teachers' Accumulated Sick Leave; create .....................SR 149 Joint Workers' Compensation Study Committee; create .............................................HR 182 Joint Workers' Compensation Task Force; create.........................................................HR 290 Older Georgians' and Handicapped Transportation Task Force; create ...................HR 457 Public Utilities Promotional Practices Study Subcommittee; urge House Industry Committee to create .................................................................HR 317 Standing Committee assignments ....................................................................................Page 17 University System Laboratory, Equipment, Rehabilitation Technology, and Eminent Scholars Endowment Study Committee; create.............................................................................................................HR 99 Water Resource Conservation Management Study Committee; create .....................HR 348 Wetlands Conservation Study Committee; create...........................................................HR 19
COMMITTEES, STANDING Assignments.........................................................................................................................Page 17 Electric membership corporations; urge study by Public Service and Utilities Subcommittee of House Industry Committee ....................................HR 471 General Assembly; certain committees; subpoena powers .............................................HB 59 General Assembly; standing committee chairmen; compensation ............................HB 1038 Public Utilities' Promotional Practices Study Subcommittee; direct House Industry Committee to create...............................................................HR 317
COMMON CARRIERS AND CONTRACT CARRIERS (See Motor Carriers)
COMMUNICATIONS RECEIVED Alford, Honorable Dean ................................................................................................Page 1027 Chatham County Delegation ........................................................................................Page 1882 Crawford, Honorable John G.; resignation.....................................................................Page 27 Dean, Senator Nathan.............................................................................................Page 183, 183 Felton, Honorable Dorothy .......................................................................................Pages 24, 26 Governor ...............................................................................................Pages 26, 27, 28, 30, 2732 Gresham, Honorable William J., Jr.; resignation ..........................................................Page 25 Lane, Honorable Dick......................................................................................................Page 181 Lee, Honorable William J.................................................................................................Page 24 Legislative Counsel.................................................................................................Pages 180, 182 Lieutenant Governor .......................................................................................Pages 25, 180, 182 Secretary of State ..............................................................Pages 1, 64, 183, 212, 434, 724, 980, 1247, 1590, 2012, 2732 Sinkfield, Honorable Georganna T................................................................................Page 181 Speaker of the House................................................................................Pages 25, 64, 180, 182 Thomas, Honorable Charles ...................................................................................Page 183, 183
COMMUNITY AFFAIRS Executive Fellows Program; provide ................................................................................SB 426 Regional development centers; ratify certain transfer ....................................................HR 15 Regional development centers; ratify certain transfer....................................................HR 79 Rural Facilities Economic Development Act; enact ......................................................HB 488
COMPENSATION RESOLUTIONS Conestoga Management, Inc; L. F. Heilman, President; compensate........................HR 104 Coursey, Marshall D.; compensate...................................................................................HR 336 Daniel, Carey J.; compensate ............................................................................................HR 109 Drew, Mrs. Margaret; compensate .....................................................................................HR 18 Hargus, Ms. Wilma G.; compensate.................................................................................HR 107 Heartstedt, Edmund J.; compensate.................................................................................HR 42

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2760

INDEX

COMPENSATION RESOLUTIONS (Continued) Introduction in Senate..........................................................................................................SB 16 Marks, Keith Stephen; compensate.................................................................................HR 119 Nelson, Hoyt L.; compensate............................................................................................HR 184 Thomason, James; compensate...........................................................................................HR 40
COMPUTERS Georgia Computer Systems Protection Act; enact........................................................HB 822 Media center materials; computer hardware and software..........................................HB 999
CONASAUGA JUDICIAL CIRCUIT; add judge ......................................................HB 672
CONDOMINIUMS; certain expenses; liability..............................................................HB 543
CONESTOGA MANAGEMENT, INC.; L. F. Heilman, President; compensate ...HR 104
CONSERVATION AND NATURAL RESOURCES Ad valorem tax; conservation use property; residential transitional property; timber........................................................................................HB 283 Air Quality Act; amend provisions...................................................................................HB 709 Alternative energy sources; urge research and development.........................................HR 12 Asbestos; private companies assisting state; liability insurance...................................SB 342 Beach renourishment; additional purpose; local option sales tax...............................HB 622 Bicycle and pedestrian facilities; Department of Transportation request funds from Federal Highway Administration............................................HB 1036 Biomedical waste thermal treatment technology facility; prohibit; exception..........................................................................................................HB 381 Biomedical waste thermal treatment technology facility; prohibit permit..................................................................................................................HB 82 Biomedical waste thermal treatment technology facilities; moratorium........................................................................................................................HR 31 Certain property; municipalities enter into contract; authorization.....................................................................................................................SB 169 Certain state parks; authorize lease of certain tracts....................................................SR 198 Certain waste treatment facility; permit..........................................................................SB 268 Combined sewer overflow; eliminate or treat sewage ....................................................SB 196 Department of Environmental Protection; create...........................................................HB 80 Department of Natural Resources; commerce and industry development; remove duty to promote........................................................................HB 755 Department of Natural Resources Regional Headquarters Building in Brunswick; dedicate in honor of Samuel Thomas Cofer..........................................HR 337 Department of Natural Resources; unclassified hourly employees; selection .......................................................................................................HB 938 Department of Natural Resources; volunteer service programs; establish and operate......................................................................................................SB 272 Environmental Facilities Authority; members..................................................................SB 96 Environmental Policy Act; enact ........................................................................................SB 97 Environmental Protection Division; appoint director....................................................SB 102 Environmental Protection Division, director; Environmental Advisory Council, create................................................................................................HB 274 Environmental Protection Division; director; provide....................................................HB 79 Excise tax; state and county; solid minerals severance................................................HB 696 Georgia Council on Environmental Quality; urge creation..........................................HR 101 Georgia Hazardous Waste Management Authority; composition ..................................SB 94 Georgia Science and Technology Commission; create..................................................HB 757 Georgia State Games Commission; provisions...............................................................HB 804 Georgia's rivers; urge comprehensive assessment..........................................................HR 110 Green Walks Study Committee; create.............................................................................HR 13 Hazardous substances; spills or releases; reporting........................................................SB 142

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2761

CONSERVATION AND NATURAL RESOURCES (Continued) Hazardous waste facility; certain permits; prohibit ....................................................HB 1092 Hazardous waste facility; near groundwater recharge area; prohibit...........................................................................................................................HB 1091 Hazardous Waste Management Act; definitions............................................................HB 652 Herty Foundation; tax exemptions..................................................................................HB 312 Indian burial grounds, human remains, and burial objects; protection.........................................................................................................................HB 457 Jekyll Island-State Park Authority; membership............................................................HB 48 K. T. Kennedy Reef; designate........................................................................................HR 500 Lake Lanier Islands Development Authority; add members..........................................SB 99 Mountains and river corridors; protection; provide......................................................HB 643 Oil spills; liability; provisions ............................................................................................SB 179 Parks, historic sites, and recreational areas; regulate parking ....................................HB 706 Petroleum products; environmental assurance fees; increase.......................................SB 385 Property; public road purpose; wetland mitigation.......................................................HB 674 Radiation-generating equipment license, post bond; tanning facilities, provisions ........................................................................................................HB 894 Railroad crossings; school buses and vehicles carrying hazardous materials; stop requirements.........................................................................................HB 791 Railroads; abandoned rights of way; convert to trails.....................................................SR 25 Retirement systems; employer contribution rates; provisions.......................................HB 43 Shellfish; comprehensive regulation.................................................................................HB 323 Soil erosion control; buffer zone around stream banks ................................................HB 765 Solid waste facility; near certain Georgia lakes; prohibit.............................................HB 784 Solid waste reduction; counties and municipalities encouraged to exceed goals ...........................................................................................HB 590 State Arboretum of Georgia; designate Thompson Mills forest of University of Georgia.....................................................................................................HR 225 State Arboretum of Georgia; designate Thompson Mills forest of University of Georgia......................................................................................................SR 129 Stone Mountain Memorial Association; add members....................................................SB 98 Surface water violations; cooperative effort; abatement...............................................HB 648 Underground storage tank, define; trust fund provisions............................................HB 743 Waste disposal; public or private services; regulation.................................................HB 419 Waste management; low-level radioactive waste; provisions.......................................HB 723 Waste management; municipal solid waste; certain requirements ...............................HB 60 Waste management; permit modifications; limitations................................................HB 182 Waste management; recycled content newsprint.............................................................HB 95 Waste management; scrap tire disposal; regulations.....................................................HB 481 Waste management; toxic heavy metals in packaging..................................................HB 124 Water quality; limits on phosphorus discharged into Chattahoochee River ......................................................................................................HB 814 Water quality; limits on phosphorus discharged into Chattahoochee River.......................................................................................................SB 381 Water Resource Conservation Management Study Committee; create .....................HR 348 Water restrictions; certain landscaping; urge exemption..............................................SR 179 Water well contractors; license renewal; examination..................................................HB 748 Water well contractors; licensing; proof of experience .................................................HB 561 Water Well Standards Advisory Council; continuation................................................HB 616 Wetlands Conservation Study Committee; create...........................................................HR 19 Wetlands; federal manual; urge Congress to mandate changes ..................................HR 114
CONSTITUTIONAL AMENDMENTS Ad valorem tax; property value; acquisition ..................................................................HR 188 Boards of education, elect; school superintendents, appoint.......................................HR 288 Boards of education; single member districts..................................................................HR 76 Casino gambling; provide....................................................................................................HR 24

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2762

INDEX

CONSTITUTIONAL AMENDMENTS (Continued) Certain business loans; authorize guaranteed revenue debt........................................HR 385 Certain educational facilities; authorize guaranteed revenue debt.............................HR 384 Certain elected officials; plurality of votes.......................................................................HR 38 Compensation of local officials set by continued Constitutional Amendment; General Assembly change by local law..................................................HR 33 County merger or division; remove certain requirement..............................................HR 526 Disaster Emergency Relief Fund; create.........................................................................HR 106 Dog racing; provide for pari-mutuel wagering .................................................................HR 26 Fiscal year; April 1-March 31; authorization ...................................................................HR 32 Governor and Lieutenant Governor; one six-year term .................................................HR 17 Governor's veto; three-day session for overriding ...........................................................HR 21 Horse racing; provide for pari-mutuel wagering ..............................................................HR 22
Lieutenant Governor and Speaker of the House; limit terms ofoffice.............................................................................................................................HR 209
Local constitutional amendments; referendum for repeal .............................................HR 16 Lotteries; repeal prohibitions..............................................................................................HR 35 Lotteries; delete prohibitions; provide for nonprofit lottery .......................................HR 226 Motor fuel taxes; provide and maintain mass transportation
facilities ............................................................................................................................HR 161 Office of Planning and Budget director; member; State
Financial and Investment Commission ........................................................................SR 200 Pardons and Paroles Board; elect members.....................................................................HR 78 Probate court judges; nonpartisan election....................................................................HR 102 Public Service Commission; governor appoint members..............................................HR 332 Revenue bills; originate in either House ..........................................................................SR 13 Revenue; educational purposes; special one percent sales tax ....................................HR 108 Revenue; educational purposes; special one percent sales tax ....................................HR 134 Revenue; educational purposes; special one percent sales tax ....................................HR 158 Revenue; educational purposes; special one percent sales tax ....................................HR 159 Revenue; educational purposes; special one percent sales tax.....................................SR 159 Sales tax; food consumed off premises; exemption .........................................................HR 10
Scholarships, loans, grants, insuring of loans; certain military persons; General Assembly provide..............................................................HR 399
Special judicial circuits; investigative grand juries .......................................................HR 260 State Board of Education and state school superintendent;
appointment ....................................................................................................................HR 525 State lottery for education construction trust fund; provide ......................................HR 181 State lottery; indigent care and educational purposes ...................................................HR 36 State lottery; provide.............................................................................................................HR 7 State lottery; provide for educational purposes...............................................................HR 34 Superior court judges; Governor appoint..........................................................................HR 37 Superior court judges; residency requirements - CA......................................................HR 75 Superior court judges; terms of office ...............................................................................HR 77 Technology Related Assistance Trust Fund for Individuals
with Disabilities ...............................................................................................................SR 146 Transmittal of bills to Governor during session; veto messages;
veto session ......................................................................................................................HR 598
CONSUMER AFFAIRS Agent and principal; deed executed under seal ..............................................................SB 267 Certain phone conversations; monitor or record; customer service purposes ..............................................................................................................HB 798 Commerce and trade; beverage containers; provisions .................................................HB 870 Consumers' utility counsel; change automatic repeal...................................................HB 262 Consumers' utility counsel; change automatic repeal....................................................SB 101 Contact lenses; restrictions on sales.................................................................................SB 299 Credit life insurance; applicability...................................................................................HB 906

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2763

CONSUMER AFFAIRS (Continued) Executive Fellows Program; provide ................................................................................SB 426 Fireworks; certain types; sales........................................................................................HB 1035 Food Act; retail groceries; price on package.....................................................................HB 31 Gasoline marketing; retail sales; prohibitions ................................................................HB 227 Gasoline; products containing alcohol; label ..................................................................HB 564 Georgia Science and Technology Commission; create ..................................................HB 757 Goods and services; regulating cost; exemptions ...........................................................HB 747 Health care providers; certain advertisement; deceptive .............................................HB 774 Insurance; aftermarket crash parts; definitions and provisions ..................................HB 888 Juries; list for commercial purposes; prohibit................................................................HB 308 Leased livestock; owner; liability......................................................................................HB 438 Liens; laundries, cleaners, and similar establishments; alternative method for satisfaction...............................................................................SB 243 Motor vehicle rentals; regulate.........................................................................................HB 918 Motor Vehicle Warranty Rights Act; amend ...................................................................HB 32 Pricing and Advertising of Consumer Items Act of 1991; enact ...................................HB 30 Purchases with credit card or check; prohibitions ...........................................................SB 39 Residential utility service; deposit requirements...........................................................HB 367 Retail facilities; public rest room.....................................................................................HB 157 Retail stores; relative to price labels on shelves............................................................HR 415 Revolving account; delinquency charges; amount.........................................................HB 293 Sports events; ticket sellers; service charge....................................................................HB 480 Telephone record information disclosure; prohibitions.................................................SB 297 Telephone service; certain billings; suspension..............................................................HB 350 Works of fine art; duplication; authorization..................................................................SB 375
CONTRACTORS (CONSTRUCTION)
Combined sewer overflow; eliminate or treat sewage ....................................................SB 196 Conditioned air contractors; licenses; continuing education........................................HB 295 Counties; purchase of materials; requirements ..............................................................HB 693 Electrical contracting license; include low-voltage contracting...................................HB 869 Electrical contractors, plumbers, conditioned air
contractors, low-voltage contractors, and utility contractors; change declaration of purpose ................................................................HB 797 Engineers and land surveyors; amend provisions..........................................................HB 143 Fire Sprinkler Act; amend.................................................................................................HB 272 Joint Committee on Minority Business Enterprise Participation in State Contracts; create .....................................................................HR 163 Master plumbers; licensing; examination requirements...............................................HB 581 Occupation tax; principal office; certain contractors ....................................................HB 750 Restrictive covenants; limitation on action; building set-back line.....................................................................................................................HB 259 Sales tax on execution of subcontracts; bond................................................................HB 336 Toilets, shower heads, faucets in buildings; requirements ...........................................HB 605 Workers' compensation; owner-operator of certain equipment; independent contractor..................................................................................................HB 773
CONTRACTS Bad checks; dishonor fee and service charge ...................................................................HB 47 Bids by affiliated corporations; certain cases; forfeit bond .........................................HB 465 Boards of health; certain contracts; sealed bids and proposals...................................HB 821 Certain property; municipalities enter into contract; authorization.....................................................................................................................SB 169 Counties and municipalities; mutual aid agreements with federal government or other states; law enforcement assistance..........................................HB 232 County tollway projects; contract with State Tollway Authority ...............................HB 713 County tollway projects; contract with State Tollway Authority...............................HB 782

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INDEX

CONTRACTS (Continued) Joint Committee on Minority Business Enterprise Participation in State Contracts; create .....................................................................HR 163 Local boards of education; certain written employment contracts.............................HB 719 MARTA; fact finders, arbitration, wage disputes; provisions ......................................SB 300 Public works contracts; preference to Georgia contractors..........................................HB 993 Revolving account; delinquency charges; amount .........................................................HB 293 School systems; multiyear lease, purchase, or lease purchase contracts; real property limitations..............................................................................HB 321 State contracts; minority business participation ...........................................................HB 230 State contracts; prohibitions; person, firm or corporation convicted of discrimination ...........................................................................................HB 304 State; minority businesses; certification ..........................................................................SB 144 State purchasing; contract amount; sealed bid or advertisement................................SB 183 Transportation projects; private entity contracts; authorize.....................................HB 1081
CONTROLLED SUBSTANCES Butane; prohibitions...........................................................................................................HB 511 Candidates; drug testing; definition; pauper's reimbursement....................................HB 601 Certain violations; prohibit first offender status ...........................................................HB 253 Controlled substance or marijuana; misdemeanor possession conviction; driver's license suspension.............................................................................................HB 123 Controlled substance or marijuana; misdemeanor possession conviction; driver's license suspension..............................................,...............................................SB 290 Criminally derived property; unlawful to deal in..........................................................HB 324 Driving with suspended license; increase penalty .........................................................HB 163 Forfeiture; comprehensively revise provisions..................................................................HB 72 Forfeiture; proceeds............................................................................................................HB 249 Forfeiture; proceeds...............................................................................................................SB 73 Hydromorphone oral tablets; prohibit oral prescription ..............................................HB 137 Juvenile proceedings; designated felony; drug trafficking...........................................,..HB 87 Medical assistance; certain drugs; prior authorization and approval....................................................................................................................HB 472 Offense by law enforcement officer or prison guard; felony........................................HB 242 Penal institutions; uniform drug testing; provisions...................................................HB 1066 Prison inmates or personnel; random drug testing .......................................................HB 248 Public employee; certain final conviction; ineligible for office....................................HB 255 Schedule III; muscle growth drugs...................................................................................HB 179 Trafficking in marijuana; penalty......................................................................................HB 86
CONYERS, CITY OF; Conyers-Rockdale Amateur Athletics Authority; create.................................................................................................................HB 980
CONYERS LIONS CLUB; commend ............................................................................HR 392
COPPEDGE, WILLIAM W., M. D.; condolences ........................................................HR 276
CORONERS Death investigations; autopsy and limited dissection; redefine...................................SB 322 Death investigations; certain requirements....................................................................HB 520 Death investigations; certain requirements ....................................................................HB 673 Training course......................................................................................................................SB 33
CORPORATIONS, PARTNERSHIPS AND ASSOCIATIONS Bids by affiliated corporations; certain cases; forfeit bond .........................................HB 465 Certain phone conversations; monitor or record; customer service purposes..............................................................................................................HB 798 Georgia Community Antenna Television (CATV) Authority; create .......................HB 1037 Georgia Property Owners' Association Act; enact .......................................................HB 1078

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2765

CORPORATIONS, PARTNERSHIPS AND ASSOCIATIONS (Continued) Income tax exemption; certain corporations..................................................................HB 650 Income taxes; time of payment........................................................................................HB 338 Insurable interest in certain employees; clarification....................................................SB 154 Limited partnership; indemnification; provisions..........................................................HB 739 Nonprofit corporations; revise Code................................................................................HB 226
CORRECTIONS, DEPARTMENT OF (See Penal Institutions)
COSMETOLOGISTS; operate home beauty shop in van or mobile home ...............HB 749
COUCH, JAMES W.; condolences .....................................................................................HR 61
COUNCIL OF SUPERIOR COURT CLERKS OF GEORGIA; inaugural officers; commend...............................................................................................................HR 479
COUNTIES (Also, see Local Government or Named County) Ad valorem tax; millage rate; publication requirement................................................HB 250 Airports; acquisition; consent of electors........................................................................HB 121 Airports; acquisition, construction and maintenance; required consent................................................................................................................HB 73 Airports; certain acquisitions; zoning laws .......................................................................HB 46 Airports; certain property condemnation; prohibit.......................................................HB 548 Airports; extraterritorial condemnation of property.......................................................HB 45 Alcoholic beverage sales on Sunday; remove prohibition.............................................HB 459 Annexation; copy of local bills; requirement..................................................................HB 113 Boards of commissioners; single-member districts........................................................HB 104 Boards of education, elect; school superintendents, appoint - CA.............................HR 288 Boards of education; chairman's term; policy of board.................................................SB 396 Boards of education; meeting notices; publication........................................................HB 403 Boards of education; single member districts - CA.........................................................HR 76 Boards of equalization, taxpayer's appeal; real estate transfer tax, filing............................................................................................................SB 103 Boards of health; certain contracts; sealed bids and proposals...................................HB 821 Bond proceeds; authorized investments; provisions.......................................................SB 175 Cemeteries and burial grounds; preservation; local government.................................HB 402 Certain counties; municipal corporations; minimum distance between boundaries.........................................................................................................SB 119 Certain counties or municipalities; speed detection devices; restrictions.......................................................................................................................HB 535 Certain counties; superior court clerks' fees; change population figures............................................................................................................SB 318 Certain offenders; home arrest program.........................................................................HB 379 Certain offenders; work release program........................................................................HB 380 Certain unclaimed bonds; disposition .............................................................................HB 436 Chief appraiser; board of tax assessors member; approval..........................................HB 832 Civil and criminal cases; sheriffs fees; increase.............................................................SB 171 Compensation of local officials set by continued Constitutional Amendment; General Assembly change by local law - CA........................................HR 33 Contractors' purchase of materials; requirements.........................................................HB 693 Counties and municipalities; acquire property for airport runways; referendum......................................................................................................HB 166 Counties and municipalities; airport outside boundary; Transportation Board approval....................................................................................HB 848 Counties and municipalities; excise tax levies; hotels and motels..............................HB 420 Counties and municipalities; investment of certain funds...........................................HB 602 Counties and municipalities; mutual aid agreements with federal government or other states; law enforcement assistance..........................................HB 232 County and school district project; special purpose sales tax.......................................HB 76

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2766

INDEX

COUNTIES (Also, see Local Government or Named County) (Continued) County attorneys; authorization; residency requirements............................................HB 371 County merger or division; remove certain requirement - CA....................................HR 526 County offices; nonpartisan elections; General Assembly provide by local law......................................................................................................................HB 500 Crime information center; record available to county registrars ................................HB 207 Death investigations; autopsy and limited dissection; redefine ...................................SB 322 Death investigations; certain requirements ....................................................................HB 520 Death investigations; certain requirements ....................................................................HB 673 Deceased indigents; decent interment; provide .............................................................HB 476 Dependent children receiving aid; mandatory school attendance; exception.....................................................................................................HB 895 Development authorities; number of directors ..............................................................HB 666 Education; office of strategic planning; create...............................................................HB 857 Elected public officials; campaign contributions; limitations......................................HB 521
Emergency management; counties and municipalities; establish local organization ...........................................................................................HB 241
Emergency 911 service; definition; billing provisions ....................................................SB 289 Emergency 911 service; monthly charge; local governments impose..........................HB 795 Employ marshals to perform duties of constables .........................................................SB 346 Firearms; regulation by state; exclusions........................................................................HB 375 General Assembly; oath; state court judge administer .................................................HB 427 Georgia Certified Fire Investigators Act; enact .............................................................HB 969 Hazardous waste facility; certain permits; prohibit ....................................................HB 1092
Hazardous waste facility; near groundwater recharge area; prohibit.................................................................................................................HB 1091
Health; amend Code provisions........................................................................................HB 712 Hospital authorities; state grants for public health purposes .....................................HB 424 House Local Government Licenses and Permits Study
Committee; create...........................................................................................................HR 116 Housing authorities; commissioners; number and selection ......................................HB 1089 Income tax credit; certain businesses in certain counties............................................HB 489 Insurance premium taxes; proceeds; street improvement .............................................SB 372 Jails and other detention facilities; escape; felony offense ..........................................HB 566 Jails; certain conditions; dispatcher serve as jailer .......................................................HB 487 Jails; inmates with infectious disease or HIV infected; notification ...........................SB 128 Joint Study Committee for Regional Development Centers; create ...........................SR 190 Juries; Public Safety Department; furnish certain list...................................................HB 21 Juvenile justice services; local provision; incentives ......................................................SB 378 Juvenile proceedings; probation and intake; transfer to
Department of Human Resources.................................................................................SB 335 Law enforcement agencies; transporting inmates with infectious
disease; notification ........................................................................................................HB 288 Law enforcement agencies; use of deadly force.............................................................HB 186 Law enforcement officers pension systems; urge counties
and municipalities to improve......................................................................................HR 635 Libraries; boards of trustees; ex officio members..........................................................HB 584 Local bill advertisements; affidavit by author ...............................................................HB 428 Local bill advertisements; affidavit by author ................................................................SB 174 Local bills; intention to introduce; notice to governing authority ..............................HB 565 Local boards of education; certain written employment contracts.............................HB 719
Local constitutional amendments; referendum for repeal - CA....................................HR 16
Local governments and boards of education; single-member districts.......................HB 103
Local governments; fair rent commission .......................................................................HB 111
Local governments; officers and employees; defenses ...................................................SB 279
Local governments; property contracts, closing streets, service contracts; population......................................................................................................HB 608

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2767

COUNTIES (Also see Local Governments or Named County) (Continued) Local hospital authority; projects in other areas; operate upon request.....................................................................................................................SB 294 Local income tax; election to impose; provisions...........................................................HB 623 Local option sales tax; additional projects .....................................................................HB 598 Local option sales tax; purposes; add beach renourishment........................................HB 622 Local school superintendents; minimum salary; state funds.......................................HB 954 Mental health; amend provisions .....................................................................................HB 889 Mental health hearings; payment of expenses ...............................................................HB 213 Motor vehicle; emission inspections; fees .......................................................................HB 132 Occupation taxes; practitioner's principal office; amend .............................................HB 697 Occupation taxes; principal office; certain contractors.................................................HB 750 Occupation taxes; principal office; maximum................................................................HB 624 Occupation taxes; telecommunication services; license.................................................HB 677 Occupation taxes; utility services; county license..........................................................HB 629 Planning commissions; identifiable areas and communities; population ........................................................................................................................HB 825 Political subdivisions; property purchase; appraisal requirements.............................HB 499 Probate court judges; nonpartisan election; qualifying ...................................................SB 62 Prosecuting Attorneys' Council; certain personnel; compensation .............................HB 679 Public libraries; boards of trustees; compensation........................................................HB 579 Public officers and employees; loyalty oath; delete certain reference..............................................................................................................HB 189 Railroads; grade crossing elimination costs .....................................................................SB 286 Regional development centers; ratify certain transfer....................................................HR 15 Regional development centers; ratify certain transfer....................................................HR 79 Regional surface and air transportation authorities; create.........................................HB 919 Revenue Bond Law; undertaking; change definition ....................................................HB 638 Rural development; urge assistance of state departments and agencies ...................HR 284 Rural Facilities Economic Development Act; enact......................................................HB 488 School buses transporting kindergarteners; seat belts; provide ..................................HB 937 School systems; multiyear lease, purchase, or lease purchase contracts; real property limitations..............................................................................HB 321 School textbooks; purchasing by local systems..............................................................HB 193 Seat belts; failure to use; additional violations..............................................................HB 282 Seat belts; failure to use; additional violations...............................................................SB 395 Service of process; any United States citizen; limitation.............................................HB 188 Solid waste reduction; counties and municipalities encouraged to exceed goals ................................................................................................................HB 590 Special elections; uniform dates.......................................................................................HB 195 Special facilities by Department of Human Resources; certain notification required.......................................................................................................HB 573 Special Program of Services for At-Risk Children and Families Act; enact.......................................................................................................HB 1073 State and local government; public officials; stationery contain phone number ...................................................................................................HB 955 Superior court clerks; services; costs; certain counties..................................................SB 317 Tax assessors; appeal of certain valuations; additional duties....................................HB 257 Tax digest; appeals and arbitrations; conditions for approval....................................HB 858 Tax digest; appeals of rejections ......................................................................................HB 411 Tax digest; conditional approval......................................................................................HB 410 Tax digest; disapproval by commissioner; assessment..................................................HB 414
Tax digest; disapproved; collection authorization.........................................................HB 415
Tax digest; rejection; appeal procedures.........................................................................HB 412
Tax officials; vacancy in office.........................................................................................HB 209
Tax sale; right to redeem property; expiration............................................................HB 1095
Tennessee Valley Authority; payments; change apportioning method ....................HB 1034

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2768

INDEX

COUNTIES (Also, see Local Government or Named County) (Continued) Tollway projects; contract with State Tollway Authority ............................................HB 713 Tollway projects; contract with State Tollway Authority............................................HB 782 Traffic cases; additional assessment; costs for binding over..........................................HB 27 Uniform county commissioners law; repeal....................................................................HB 722 Uniform rules of the road; application to certain residential areas..............................................................................................................HB 671 Unincorporated areas; ordinances; fines .........................................................................HB 626 Waste disposal; public or private services; regulation..................................................HB 419 Water system services; rates, fees, charges; county set..............................................HB 1057 Workers' compensation; self-insurers; expand definition of county ...........................HB 533 Zoning; conflict of interest; revise provisions....................................................................SB 67
COURSEY, MARSHALL D.; compensate....................................................................HR 336
COURTS (Also, see Crimes and Offenses or Criminal Procedure) Abortions; informed consent...........................................................................................HB 1062 Act defining incorrigible child; change effective date to July 1, 1992.................................................................................................................HB 560 AIDS transmitting crimes; test and disclosure upon indictment................................HB 527 AIDS transmitting crimes; test and disclosure upon indictment................................HB 554 Appeals; actions for damages; judgments of $10,000.00.................................................HB 70 Appeals; bill of costs ............................................................................................................HB 69 Assistant district attorneys; child support recovery duties..........................................HB 416 Atlanta Judicial Circuit; add judge..................................................................................HB 516 Atlanta Judicial Circuit; chief judge of the superior court; repeal Act providing.......................................................................................................HB 718 Bad checks; prosecution in magistrate courts; citation ................................................HB 620 Bail; acceptance; commitment hearing not required.....................................................HB 495 Bailable offenses; superior court judge; delegate authority to other judges...............................................................................................HB 875 Bailiff and juror fees; assess convicted defendants.......................................................HB 141 Blue Ridge and Gwinnett Judicial Circuits; add judge ................................................HB 360 Blue Ridge Judicial Circuit; add judge............................................................................SB 364 Brunswick Judicial Circuit; add judge..........................................................................HB 1030 Brunswick Judicial Circuit; add judge.............................................................................SB 314 Certain counties; superior court clerks fees; change population figures............................................................................................................SB 318 Certain county offenders; home arrest program ............................................................HB 379 Certain county offenders; work release program...........................................................HB 380 Certain unclaimed bonds; disposition .............................................................................HB 436 Certified municipal judge; change definition.................................................................HB 313 Child abuse; accessing records; amend provisions...................................,.....................HB 289 Child placement; Division of Family and Children Services of the Department of Human Resources; periodic reviews......................................HB 662 Children and Youth Coordinating Council; create.........................................................SB 370 Children; certain cases; provide legal counsel................................................................HB 180 Children in foster care; periodic reviews .........................................................................SB 315 Civil action; injury to minor child; limitation.................................................................SB 305 Civil action; registered or certified mail; filing determined by postmark................................................................................................HB 698 Civil and criminal cases; sheriffs fees; increase.............................................................SB 171 Civil practice; cause of actions outside state; certain dismissal..................................HB 950 Civil practice; continuance; party in armed forces.........................................................SB 238 Civil practice; depositions by telephone..........................................................................HB 729 Civil practice; stay of proceedings; certain federal provisions.....................................HB 720 Cobb Judicial Circuit; add judge......................................................................................HB 669

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INDEX

2769

COURTS (Also, see Crimes and Offenses or Criminal Procedure) (Continued) Cobb Judicial Circuit; district attorney, assistants, investigators; compensation ..........................................................................................HB 960 Cobb Judicial Circuit; judges; supplement......................................................................SB 371 Cockfighting; provide for felony offense.........................................................................HB 871 Common-law marriage; proof; certain evidence required .............................................HB 539 Conasauga Judicial Circuit; add judge............................................................................HB 672 Continuances; absence of attorney; General Assembly staff ........................................SB 310 Continuances; absence of witness, application; absence of attorney, General Assembly staff; professional malpractice, expert witness..........................HB 461 Controlled substances; butane; prohibitions...................................................................HB 511 Controlled substances; forfeitures; proceeds .....................................................................SB 73 Council of Juvenile Court Judges; membership.............................................................HB 199 Council of Special Court Judges; create..........................................................................HB 162 Counties; employ marshals to perform duties of constables ........................................SB 346 Courts Automation Commission; create..........................................................................HB 215 Crimes against person; public transit facilities; penalties............................................HB 694 Criminal procedure; jurisdiction and venue; transfer of indictment or accusation...............................................................................................HB 847 Death penalty; eliminate...................................................................................................HB 106 Dentistry; practicing without license; increase penalty .................................................SB 159 Depositions and other discovery material; filing certificate of service........................................................................................................HB 126 Deprived child; foster care; periodic reviews..................................................................HB 519 Diseases in livestock; injunctions; provide......................................................................HB 174 Dispossessory proceedings; summons, service, answers, defenses, and counterclaims; magistrate court...........................................................HB 569 District attorney and solicitor; military duty; provisions..............................................SB 112 Divorce; additional fee; fund for violence shelters ..........................................................HB 24 Divorce petitions; require birth date of petitioner and respondent ............................SB 394 Driver's license; suspension; payment of fines................................................................SB 191 Driving under the influence; amend provisions...............................................................HB 63 Driving under the influence; eliminate nolo contendere plea......................................HB 152 Driving under the influence; first offenders; education/intervention program...................................................................................HB 159 Driving under the influence; fourth through sixth convictions; penalties...........................................................................................................................HB 425 Driving under the influence; habitual violator; define ..................................................SB 276 Driving under the influence; ignition interlock device; condition of probation....................................................................................................HB 165 Driving under the influence; period of detention..........................................................HB 129 Driving under the influence; third conviction; treatment..............................................HB 77 Driving under the influence; third or subsequent conviction; increase penalty..........................................................................................HB 364 Driving with suspended license; increase penalty.........................................................HB 300 Eastern Judicial Circuit; add judge....................................................................................SB 26 Evidence; certain reproductions; admissibility..............................................................HB 492 Evidence; revise Code...........................................................................................................SB 51 Family violence or protective order violations; arrest without warrant...............................................................................................................HB 298 Felony; trial upon accusations; waive grand jury indictment......................................HB 496
Feticide by vehicle; first and second degree; define offenses.........................................SB 58
Financial institution officer; certain information requirement; liability.......................................................................................................SB 162
Firearm sales; instant background check, regulations...................................................SB 150
Griffin Judicial Circuit; add judge....................................................................................SB 334
Gwinnett Judicial Circuit; add judge ..............................................................................HB 534

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2770

INDEX

COURTS (Also, see Crimes and Offenses or Criminal Procedure) (Continued) Homicides; time of death; change certain requirement................................................HB 366 Inpatient because of insanity plea; release hearing.......................................................HB 469 Interference with visitation rights; define offense.......,.................................................HB 243 Joint Study Committee on Fines and Forfeitures and an advisory council; create..................................................................................................HR 347 Judicial Nominating Commission; provide.....................................................................HB 299 Judicial vacancies; Judicial Nominating Commission; provide assistance ...........................................................................................................HB 116 Juries; impanel additional grand jurors; district attorney's request .............................SB 85 Juries; list for commercial purposes; prohibit................................................................HB 308 Juries; Public Safety Department; furnish certain list...................................................HB 21 Jury list compilation; include motor vehicle registrants ................................................HB 10 Juvenile court; senior judge; create office.......................................................................HB 572 Juvenile court; transferred case; death penalty prohibition ........................................HB 155 Juvenile justice services; local provision; incentives ......................................................SB 378 Juvenile proceedings and parental rights; amend Code .............................................HB 1076 Juvenile proceedings; certain records; inspection..........................................................HB 683 Juvenile proceedings; designated felony; drug trafficking..............................................HB 87 Juvenile proceedings; hearings, records, fingerprinting; amend provisions .............................................................................................................SB 260 Juvenile proceedings; jurisdiction; prohibit for certain crimes ...................................HB 212 Juvenile proceedings; probation and intake; transfer to Department of Human Resources.................................................................................SB 335 Juvenile proceedings; traffic offenses under age 17; exceptions..................................HB 785 Juveniles awaiting adjudication; restraints on freedom; revise ....................................SB 283 Law enforcement agencies; copies for certain solicitations; prohibit..............................................................................................................................SB 376 Law enforcement officer; complaints against; establish criteria .................................HB 854 Lookout Mountain Judicial Circuit; add employees...................................................HB 1084 Lookout Mountain Judicial Circuit; add judge..............................................................HB 354 Magistrate courts; certain fees; increase .........................................................................HB 639 Motor vehicle theft or conversion; false reporting; misdemeanor of a high and aggravated nature ..................................................................................HB 574 Municipal courts; certain crimes; jurisdiction, fines .....................................................HB 577 Murder by vehicle; define offense....................................................................................HB 687 Northeastern Judicial Circuit; add judge........................................................................HB 939 Nursing homes; receivership; certain violations..............................................................SB 211 Ogeechee Judicial Circuit; add judge...............................................................................HB 958 Paternity determination; juvenile court jurisdiction; certain cases...................................................................................................................HB 1072 Peace Officer and Prosecutor Training Fund; disbursements......................................SB 164 Peace officers; basic training course; completion ..........................................................HB 631 Personal property; in custody of law enforcement agency; disposition........................................................................................................................HB 531 Photographs or reproductions; sheriffs; right to make; fees.........................................SB 345 Police officers; witness fees ...............................................................................................HB 161 Probate and magistrate courts; probation services; provide.........................................SB 224 Probate court judges; nonpartisan election ....................................................................HB 211 Probate court judges; nonpartisan election - CA...........................................................HR 102 Probate court judges; nonpartisan election; qualifying...................................................SB 62
Probate court judges; office hours; exception.................................................................SB 291
Probate courts; automated record keeping; increase costs...........................................HB 537
Probate courts; certain counties; chief clerk perform marriages.................................HB 702
Probate courts; certain counties; chief clerk perform marriages.................................HB 703
Probate courts; certain counties; chief clerk's qualifications and powers ..............................................................................................HB 704

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INDEX

2771

COURTS (Also, see Crimes and Offenses or Criminal Procedure) (Continued) Probate courts; certain misdemeanor cases; jurisdiction............................................HB 1098 Probate courts; certain misdemeanor cases; jurisdiction............................................HB 1099 Probate courts; consolidation of records; automation...................................................HB 529 Probation; collection of fines, costs, restitution, and reparation; deposit of court costs.................................................................................HB 823 Probation; community service; prohibit private gain....................................................HB 125 Probation supervisors; compensation supplement.........................................................HB 409 Property; tenant set aside dispossessory default.........................................................HB 1079 Prosecuting Attorneys' Council; certain personnel; compensation .............................HB 679 Prosecution of felony; victim under age 14; remove limitation...................................HB 571 Public indecency; third conviction; felony......................................................................HB 567 Rockdale Judicial Circuit; add judge...............................................................................HB 398 Rockdale Judicial Circuit; add judge................................................................................SB 127 Seafood; certain violations; penalties...............................................................................HB 746 Seat belts; failure to use; additional violations..............................................................HB 282 Seat belts; failure to use; additional violations...............................................................SB 395 Self-proved will; testator and witnesses; affidavits .......................................................HB 556 Sentence review panel; repeal certain provisions ............................................................HB 83 Service of process; action against unauthorized insurer...............................................HB 902 Service of process; any United States citizen; limitation .............................................HB 188 Service of process by publication; certain requirements............................................HB 1088 Shorten period of probation; jurisdiction .......................................................................HB 170 Simple battery against police officer; punishment.........................................................SB 255 Sodomy and aggravated sodomy; amend Code provisions...........................................HB 491 South Georgia Judicial Circuit; add judge......................................................................HB 345 Special judicial circuits; investigative grand juries - CA..............................................HR 260 Special judicial circuits; investigative grand juries, trial juries, courts, and personnel - CA..........................................................................SR 70 State and local government; public officials; stationery contain phone number...................................................................................................HB 955 State contracts; prohibitions; person, firm, or corporation convicted of discrimination...........................................................................................HB 304 Stone Mountain Judicial Circuit; add judge...................................................................SB 301 Superior court clerks; fees .................................................................................................HB 290 Superior court clerks; office hours....................................................................................SB 384 Superior court clerks; vacancy; service by deputy.........................................................HB 202 Superior court clerks; services; costs; certain counties..................................................SB 317 Superior court; closed circuit television criminal hearings; judges implement............................................................................................................HB 878 Superior court judges; appointment................................................................................HB 239 Superior court judges; election...........................................................................................HB 99 Superior court judges; Governor appoint - CA................................................................HR 37 Superior court judges; residency requirement - CA........................................................HR 75 Superior court judges; terms of office - CA......................................................................HR 77 Superior court reporters emeritus; senior court reporter.............................................HB 839 Superior court; request senior judge; consent of counsel.............................................HB 680 Superior court; single-member districts; residency requirements.................................HB 98 Supreme Court; motion for reconsideration...................................................................HB 220 Tallapoosa Judicial Circuit; add assistant district attorney........................................HB 493 Tallapoosa Judicial Circuit; judges and district attorney; supplement.......................................................................................................................HB 947
Tallapoosa Judicial Circuit; terms...................................................................................HB 374
Termination of parental rights; copies of orders.............................................................HB 29
Theft; misappropriation of trade secrets.........................................................................SB 320
Torts; unliquidated damages; interest..............................................................................SB 325
Traffic cases; additional assessment; costs for binding over..........................................HB 27

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2772

INDEX

COURTS (Also, see Crimes and Offenses or Criminal Procedure) (Continued) Trial judges and solicitors retirement; senior judge or district attorney emeritus..............................................................................................HB 900 Truthful reports from certain persons; privileged communications............................SB 285 Unincorporated areas of county; ordinances; fines........................................................HB 626 Works of fine art; authorization to duplicate .................................................................SB 375 Youth development centers; decision making; provisions..........................................HB 1075
COWETA COUNTY Board of commissioners; add member...........................................................................HB 1017 Newnan-Coweta County Airport Authority; members ...............................................HB 1051
COX, HONORABLE JOE LANE; commend...............................................................HR 431
CRAMMOND, ANN LYON; condolences.....................................................................HR 386
CRAWFORD, HONORABLE JOHN G.; resignation................................................Page 27
CRAYTON, CAROLYN; invite to House.......................................................................HR 410
CRIMES AND OFFENSES (CRIMINAL CODE) Abortions; advertisements; include physicians' names and degrees .........................HB 1064 Abortions; fetal anesthesia................................................................................................HB 767 Abortions; informed consent...........................................................................................HB 1062 AIDS transmitting crimes; test and disclosure upon indictment................................HB 527 AIDS transmitting crimes; test and disclosure upon indictment................................HB 554 Ammunition for firearm; selling to person under age 16; prohibit.............................HB 859 Bad checks; present consideration; define.......................................................................SB 131 Bad checks; prosecution by subsequent holder.............................................................HB 151 Bad checks; prosecution in magistrate courts; citation................................................HB 620 Bailable offenses; superior court judge; delegate authority to other judges.................................................................................................................HB 875 Battery and simple battery; increase punishment.........................................................HB 443 Bias Crimes Information and Documentation Act; create...........................................HB 376 Bingo; licensing requirements............................................................................................SB 120 Bribery; public officials; define offense..............................................................................SB 72 Casino gambling; provide - CA...........................................................................................HR 24 Certain county offenders; home arrest program............................................................HB 379 Certain county offenders; work release program...........................................................HB 380 Certain games or devices; exception to prohibition against gambling.............................................................................................................HB 281 Certain phone conversations; monitor or record; customer service purposes..............................................................................................................HB 798 Child abuse; accessing records; amend provisions.........................................................HB 289 Child; born or unborn; unlawful to sell...........................................................................HB 458 Cockfighting; provide for felony offense.........................................................................HB 871 Controlled substances; butane; prohibitions...................................................................HB 511 Controlled substances; certain violations; prohibit first offender status.................................................................................................................HB 253 Controlled substances; forfeitures; comprehensively revise provisions........................HB 72 Controlled substances; forfeitures; proceeds ..................................................................HB 249 Controlled substances; forfeitures; proceeds .....................................................................SB 73 Controlled substances; offense by law enforcement officer or prison guard; felony...................................................................................................HB 242 Controlled substances; Schedule III; muscle growth drugs..........................................HB 179 Crimes against children; certain records; closed to public.........................................HB 1009 Crimes against person; public transit facilities; penalties............................................HB 694 Criminal issuance of bad check; define offense.............................................................HB 390 Criminal possession of incendiary or explosive device; define offense ..................................................................................................................HB 271

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INDEX

2773

CRIMES AND DEFENSES (CRIMINAL CODE) (Continued) Criminal solicitation; increase penalty ............................................................................HB 331 Criminally derived property; unlawful to deal in..........................................................HB 324 Dentistry; practicing without license; increase penalty .................................................SB 159 Dog and cat abuse; prohibit; penalties............................................................................HB 618 Dog racing; provide for pari-mutuel wagering - CA........................................................HR 26 Domestic violence cases; spouse compelled to testify ...................................................HB 447 Domestic violence; specialized training for peace officers............................................HB 444 Driver's license or identification card; retroreflective finish; prohibit alteration ..............................................................................................HB 786 False or facsimile bombs; prohibitions............................................................................HB 107 Family violence or protective order violations; arrest without warrant...............................................................................................................HB 298 Felony; trial upon accusations; waive grand jury indictment ......................................HB 496 Feticide by vehicle; first and second degree; define offenses.........................................SB 58 Firearm sales; instant background check; regulations ...................................................SB 150 Firearms; license to carry; amend provisions....................................................................SB 45 Firearms; peace officer provisions; amend.........................................................................SB 53 Firearms possession; those prohibited; identification method ....................................HB 640 Firearms; regulation by state; exclusions........................................................................HB 375 Firearms; storage in locked container..............................................................................HB 277 Firemen's Pension Fund; amend provisions...................................................................HB 441 Georgia Computer Systems Protection Act; enact ........................................................HB 822 Homicides; time of death; change certain requirement................................................HB 366 Horse racing; provide for pari-mutuel wagering - CA ....................................................HR 22 Hydromorphone oral tablets; prohibit oral prescription ..............................................HB 137 Incest; limitation on prosecutions ......................................................................................HB 28 Interference with visitation rights; define offense.........................................................HB 243 Jails and other detention facilities; escape; felony offense ..........................................HB 566 Limitation on prosecution; exclude certain offenses.....................................................HB 240 Lotteries; delete prohibitions; provide for nonprofit lottery - CA..............................HR 226 Lotteries; repeal prohibitions - CA....................................................................................HR 35 Lottery materials and equipment; out-of-state sales; delete certain provisions.............................................................................................................SB 367 Lottery materials and equipment; out-of-state sales; number of free replays....................................................................................................................HB 50 Motor Vehicle Chop Shop and Stolen and Altered Property Act; enact.........................................................................................................................HB 836 Motor Vehicle Chop Shop and Stolen and Altered Property Act; enact..........................................................................................................................SB 230 Motor vehicle insurance; comprehensively revise ..........................................................HB 314 Motor vehicle theft or conversion; false reporting; misdemeanor of a high and aggravated nature ..................................................................................HB 574 Motor vehicle theft; sentence; special alternative incarceration or boot camp............................................................................................SB 350 Municipal courts; certain crimes; jurisdiction, fines .....................................................HB 577 Offenses of fornication and adultery, repeal; adultery, define ....................................HB 846 Personal property; in custody of law enforcement agency; disposition........................................................................................................................HB 531 Pistol or revolver; license to carry; five-hour training..................................................HB 460 Pistols and revolvers; sales by dealer; required procedure ..........................................HB 278
Probation; sexual assault against probationer..................................................................SB 57
Prosecution of felony; victim under age 14; remove limitation...................................HB 571
Public employee; certain final conviction; ineligible for office....................................HB 255
Public indecency; third conviction; felony......................................................................HB 567
Simple and aggravated AIDS battery; provide for offenses; penalties ...........................................................................................................................HB 910

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2774

INDEX

CRIMES AND OFFENSES (CRIMINAL CODE) (Continued) Simple battery against police officer; punishment.........................................................SB 255 Smoking; amend provisions...............................................................................................HB 728 Smoking in food establishments; prohibitions ...............................................................HB 432 Sodomy and aggravated sodomy; amend Code provisions...........................................HB 491 Sodomy and aggravated sodomy; change description of offenses.................................HB 56 Sodomy; repeal certain provisions ...................................................................................HB 385 State lottery for education construction trust fund; provide - CA.............................HR 181 State lottery; indigent care and educational purposes - CA..........................................HR 36 State lottery; provide - CA....................................................................................................HR 7 State lottery; provide for educational purposes - CA.....................................................HR 34 State lottery; provisions.....................................................................................................HB 780 Stolen vehicles and license plates; report to Georgia Crime Information Center.............................................................................................HB 396 Superior court; closed circuit television criminal hearings; judges implement............................................................................................................HB 878 Theft; misappropriation of trade secrets .........................................................................SB 320 Torts; personal property; damage or theft; liquidated exemplary damages .........................................................................................................SB 184 Torts; unliquidated damages; interest..............................................................................SB 325 Trafficking in marijuana; penalty......................................................................................HB 86
CRIMINAL JUSTICE Evidence; Georgia Bureau of Investigation; written scientific reports ................................................................................................................SB 59 Penal institutions; uniform drug testing; provisions...................................................HB 1066
CRIMINAL PROCEDURE Act defining incorrigible child; change effective date to July 1, 1992.................................................................................................................HB 560 AIDS transmitting crimes; test and disclosure upon indictment................................HB 527 AIDS transmitting crimes; test and disclosure upon indictment................................HB 554 Bail; acceptance; commitment hearing not required.....................................................HB 495 Bailable offenses; superior court judge; delegate authority to other judges.................................................................................................................HB 875 Bailiff and juror fees; assess convicted defendants .......................................................HB 141 Battery and simple battery; increase punishment.........................................................HB 443 Bias Crimes Information and Documentation Act; create ...........................................HB 376 Certain unclaimed bonds; disposition .............................................................................HB 436 Child; born or unborn; unlawful to sell...........................................................................HB 458 Child victim or witness; two-way closed circuit television............................................SB 178 Courts; jurisdiction to shorten period of probation ......................................................HB 170 Crime of incest; limitation on prosecutions......................................................................HB 28 Crimes against children; certain records; closed to public.........................................HB 1009 Crimes against person; public transit facilities; penalties............................................HB 694 Death penalty; eliminate...................................................................................................HB 106 Death penalty; televise executions...................................................................................HB 110 Discovery; witness statement ............................................................................................HB 714 Driver's license in lieu of bail; receipt.............................................................................HB 187 Driving under the influence; period of detention..........................................................HB 129 Evidence; Georgia Bureau of Investigation; written scientific reports ................................................................................................................SB 59 Family violence offense; additional conditions of bail; authorize ...............................HB 448 Family violence offense; written reports .........................................................................HB 449 Family violence or protective order violations; arrest without warrant...............................................................................................................HB 298 Felony; trial upon accusations; waive grand jury indictment......................................HB 496 Guaranteed arrest bond certificate; increase amount...................................................HB 387

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2775

CRIMINAL PROCEDURE (Continued) House Disparity in Sentencing and Sentencing Reform Study Committee; create ...............................................................................................HR 115 House Sentencing Guidelines Study Committee; create ................................................HR 11 Hunting, fishing, and trapping license agents; self-insurance fund; defalcation .............................................................................................................HB 708 Inpatient because of insanity plea; release hearing.......................................................HB 469 Jurisdiction and venue; transfer of indictment or accusation.....................................HB 847 Juvenile proceedings; prohibit for certain crimes..........................................................HB 212 Juvenile proceedings; traffic offenses under age 17; exceptions..................................HB 785 Law enforcement agencies; copies for certain solicitations; prohibit..............................................................................................................................SB 376 Law enforcement agencies; use of deadly force to prevent escapes or apprehend escapees ...................................................................................................HB 186 Limitation on prosecution; exclude certain offenses.....................................................HB 240 Motor vehicle insurance; comprehensively revise..........................................................HB 314 Motor vehicle theft; sentence; special alternative incarceration or boot camp ............................................................................................SB 350 Offenses bailable only before superior court; certain instances; provide ............................................................................................................SB 388 Personal property; in custody of law enforcement agency; disposition........................................................................................................................HB 531 Prosecution of felony; victim under age 14; remove limitation...................................HB 571 Sentence review panel; repeal certain provisions ............................................................HB 83 Sodomy and aggravated sodomy; amend Code provisions...........................................HB 491 Superior court; closed circuit television criminal hearings; judges implement............................................................................................................HB 878
CRISP ACADEMY "WILDCATS" BOYS BASKETBALL TEAM; invite to House ....................................................................................................HR 513
CROW, THOMAS ARTHUR; commend .......................................................................HR 565
CROWE, ROBERT L.; commend ....................................................................................HR 521
CSITAR, SANDOR; commend .........................................................................................HR 171
GUMMING, CITY OF; Cumming-Forsyth County Unification Commission; create.............................................................................................................HB 361
CUSHING-SOUTH REGIONAL ASSOCIATION; welcome.................................HR 237

D
DADE COUNTY Board of commissioners; create ........................................................................................HB 841 Water and sewer authority; members..............................................................................HB 810
DAHLONEGA; community improvement districts; create ............................................SB 414 DANIEL, GARY J; compensate .......................................................................................HR 109 DANIEL, JAY, VALERIE PONDER AND CHRISTOPHER
STANLEY; commend......................................................................................................HR 192 DAVIDSON, JOHN; commend ........................................................................................HR 424
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2776

INDEX

DAVIS, STEPHANIE; commend ....................................................................................HR 544
DAWSON COUNTY Grant easement......................................................................................................................SR 42 Sheriff; compensation......................................,..........,.......................................................HB 787
DAY CARE; child welfare agency; redefine name and provisions................................SB 123
DAY, WARREN LEVI AND EVA LEE; condolences...............................................HR 523
DEAN, SENATOR NATHAN; communications ...............................................Page 183, 183
DEATH PENALTY Eliminate..............................................................................................................................HB 106 Juvenile court; transferred case; prohibition..................................................................HB 155 Televise executions ....................................................................................................--.HB 110
DEBTOR AND CREDITOR Delinquent taxes; garnishment; certain provisions........................................................HB 333 State and political subdivisions; garnishments; charges for answering......................HB 384
DECATUR COUNTY State court; judge's compensation....................................................................................HB 685 Tax commissioner; compensation.....................................................................................HB 294
DEEDS; executed under seal ...............................................................................................SB 267
DEERFIELD WINDSOR SCHOOL BASKETBALL TEAM; commend...........HR 576
DEFENSE, DEPARTMENT OF Civil practice; continuances; party in armed forces .......................................................SB 238 Income tax return; active military duty; extend time for filing..................................HB 600 Operation Desert Storm; multinational coalition; appreciation...................................SR 133 Organized militia; state active duty; emergencies ..........................................................SB 282
DEKALB COUNTY Certain counties; bond elections; provisions...................................................................HB 498 Certain counties; superior court clerks fees; ...................................................................SB 318 Chief executive officer; compensation...........................................................................HB 1007 City of DeKalb Study Commission; create.....................................................................HB 655 City of DeKalb Study Commission; create.....................................................................HB 882 Community Relations Commission; create.....................................................................HB 998 Homestead exemption; increase.....................................................................................HB 1044 Homestead Exemptions Study Committee; create........................................................HR 210 Property tax information; certification date..................................................................HB 995 Recorder's court; penalty imposition...............................................................................HB 684 School district; homestead exemption; elderly.............................................................HB 1041 Scottdale community; commend......................................................................................HR 419 Site for 1996 Olympic tennis events; support................................................................HR 266 Special services tax districts.............................................................................................HB 996 State court; fees..................................................................................................................HB 997
DEKALB HISTORICAL SOCIETY; commend .........................................................HR 495
DELTA AIR LINES; commend.......................................................................................HR 462
DENTISTS AND DENTAL HYGIENISTS Dental hygienist; temporary license.....................................................................................HB 4 Dentistry; practicing without license; increase penalty.................................................SB 159 Dentistry; scope of practice...............................................................................................HB 315 Dentists; advertising, names; provisions.........................................................................HB 849 Dentists; continuing education.........................................................................................HB 267

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2777

DENTISTS AND DENTAL HYGIENISTS (Continued) Dentures; marking with social security number ..............................................................HB 26 Licenses; continuing education.............................................................................................HB 3 Veterinary medicine; certain dental procedures ............................................................HB 446
DEPARTMENT OF CORRECTIONS (See Penal Institutions)
DESERT STORM MONUMENT COMMISSION; create .....................................HR 414
DEVELOPMENT AUTHORITIES Joint Study Committee for Regional Development Centers; create ...........................SR 190 Number of directore...........................................................................................................HB 666 Surplus funds; use to promote industry, agriculture, and trade.................................HB 820
DISABLED PERSONS (See Handicapped Persons)
DISTRICT ATTORNEYS Assistant; child support recovery duties .........................................................................HB 416 Employees' Retirement; certain attorneys and employees; membership.....................................................................................................................HB 742 Employees' Retirement; certain employees....................................................................HB 270 Health insurance; benefits for certain personnel...........................................................HB 194 Judges; former district attorneys; retain membership in District Attorneys' Retirement System.......................................................................HB 801 Juries; impanel additional grand jurors; district attorney's request .............................SB 85 Prosecuting Attorneys' Council; certain personnel; compensation.............................HB 679 Retirement; district attorneys emeritus; spouses' benefits ..........................................HB 551 Retirement; membership ...................................................................................................HB 184 Solicitor; military duty; provisions....................................................................................SB 112 Superior court; request senior judge; consent of counsel.............................................HB 680 Tallapoosa Judicial Circuit; add assistant ......................................................................HB 493
DIVORCE (See Domestic Relations)
DODGE COUNTY; grant easement...................................................................................HR 73
DOGS Disabled persons; right to be accompanied by service dog............................................HB 96 Dog and cat abuse; prohibit; penalties............................................................................HB 618 Dog racing; provide for pari-mutuel wagering - CA........................................................HR 26 Racing; authorize pari-mutuel wagering............................................................................HB 54
DOMESTIC RELATIONS Adoption petitions; requirements.....................................................................................HB 604 Assistant district attorneys; child support recovery duties..........................................HB 416 At-risk children and youth; establish goals.....................................................................SB 104 Child abuse; accessing records; amend provisions.........................................................HB 289 Child; born or unborn; unlawful to sell...........................................................................HB 458 Child custody; age at which a child chooses custodial parent.....................................HB 405 Child custody; best interest of child; provide criteria ...................................................SB 210 Child custody; certain change of residence; notification..............................................HB 896 Child custody; certain change of residence; notification..............................................HB 897 Child custody; continuing parental contact; interest of child ......................................SB 208 Child custody; revise provisions.......................................................................................HB 445 Child support awards; change method of computation................................................HB 816 Child support; over age 18; high school enrollment ....................................................HB 1013 Child support provisions; amend Code ...........................................................................HB 547 Child Support Recovery Act; amend provisions ............................................................HB 426 Common-law marriage; proof; certain evidence required .............................................HB 539 Death of parent; child age 14 or older select custodial relative ..................................HB 692

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2778

INDEX

DOMESTIC RELATIONS (Continued) Divorce; additional fee; fund for domestic violence shelters.........................................HB 24 Divorce petitions; require birth date of petitioner and respondent ............................SB 394 Domestic violence cases; spouse compelled to testify...................................................HB 447 Domestic violence; specialized training for peace officers............................................HB 444 Family violence offense; additional conditions of bail; authorize...............................HB 448 Family violence offense; written reports.........................................................................HB 449 Family violence or protective order violations; arrest without warrant.....................HB 298 Georgia Child Care Council; create..................................................................................HB 399 Grandparents; no visitation rights; certain cases...........................................................HB 796 Interference with visitation rights; define offense.........................................................HB 243 Joint Study Committee for the Well-being of Georgia's Children; create ................HR 333 Juvenile proceedings and parental rights; amend Code .............................................HB 1076 Medical consent; certain persons; authorization.............................................................SB 143 Modification of alimony or child support; nonresident jurisdiction...........................HB 806 Offenses of fornication and adultery, repeal; adultery, define ....................................HB 846 Paternity determination; juvenile court jurisdiction; certain cases ..........................HB 1072 Probate courts; certain counties; chief clerk perform marriages.................................HB 702 Probate courts; certain counties; chief clerk perform marriages.................................HB 703 Termination of parental rights; copies of orders.............................................................HB 29
DOOLY COUNTY; certain counties; grant easement...................................................HR 160
DOUGHERTY COUNTY Convey property..................................................................................................................HR 150 Probate court judge; compensation..................................................................................HB 771
DOUGHERTY, JAMES J.; commend............................................................................HR 173
DOUGLAS COUNTY Board of commissioners; vacancies ...................................................................................SB 298 Community improvement districts..................................................................................HB 647 Douglasville-Douglas County Charter Commission; create..........................................HB 990 Douglasville-Douglas County; water and sewer authority; amend provisions............................................................................................................HB 989 Hospital authority; vacancies............................................................................................HB 863
DOUGLAS JUDICIAL CIRCUIT; judges; commend................................................HR 454
DOUGLASVILLE, CITY OF Douglasville-Douglas County Charter Commission; create..........................................HB 990 Douglasville-Douglas County; water and sewer authority; amend provisions............................................................................................................HB 989
DREW, MRS. MARGARET; compensate........................................................................HR 18
DRIVER'S LICENSE Age 18 years or under; education requirements ..............................................................HB 23 Alcohol and drug courses; fee...........................................................................................HB 164 Alcohol and drug education course; fees.........................................................................HB 147 Certain driver's licenses and identification cards; retroreflective finish.......................................................................................................HB 786 Certain traffic offenses; persons under age 18; suspend driver's license until 18..................................................................................................HB 868 Controlled substance or marijuana; misdemeanor possession conviction; suspension........................................................................................................................HB 123 Controlled substance or marijuana; misdemeanor possession conviction; suspension.........................................................................................................................SB 290 Driving under the influence; first offenders; education/intervention program...................................................................................HB 159

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INDEX

2779

DRIVER'S LICENSE (Continued) Driving under the influence offender; marked driver's license and bumper sticker.........................................................................................................HB 530 Driving with suspended license; increase penalty .........................................................HB 163 Driving with suspended license; increase penalty .........................................................HB 300 DUI alcohol or drug use risk reduction programs.........................................................HB 297 DUI alcohol or drug use risk reduction programs; instructors; criminal records checks..................................................................................................HB 358 Examiners; deputies to certain boards of registrars.....................................,................HB 473 Firearms possession; those prohibited; identification method ....................................HB 640 House Driver's License Sanctions and Auto Insurance Study Committee; create...........................................................................................................HR 235 In lieu of bail; receipt.........................................................................................................HB 187 Learner's permit at age 14; restrictions ..........................................................................HB 247 Motor vehicle theft prevention program; establish.......................................................HB 807 Motor vehicles; amend Code.............................................................................................HB 245 Murder by vehicle; define offense....................................................................................HB 687 Suspension; change provisions and penalties ..................................................................SB 274 Suspension; payment of fines ............................................................................................SB 191 Suspension; refusing to submit to chemical test...........................................................HB 451 Suspension; reinstatement.................................................................................................HB 840 Uniform Commercial Driver's License Act; amend.......................................................HB 139 Veterans; qualifications ........................................................................................................SB 69 Veterans; qualifications ......................................................................................................SB 199 Vision requirements; bioptic telescope...............................................................................SB 81
DRIVING UNDER THE INFLUENCE
Additional penalties ...........................................................................................................HB 115 Alcohol and drug education course; fees.........................................................................HB 147 Alcohol concentration level .................................................................................................HB 64 Alcohol concentration level .................................................................................................HB 75 Alcohol concentration level...............................................................................................HB 363 Alcohol concentration level ................................................................................................SB 113 Alcoholic beverages; open container while driving or passenger;
prohibit.............................................................................................................................HB 254 Alcoholic beverages; open container while driving or passenger;
prohibit.............................................................................................................................HB 651 Alcoholic beverages; open containers while driving; prohibitions.................................HB 11 Alcoholic beverages; open containers while driving; prohibitions..................................SB 52 Alcoholic beverages; possession by persons under age 21; complete
certain program ...............................................................................................................HB 150 Amend provisions .................................................................................................................HB 63 Certain traffic offenses; persons under age 18; suspend
driver's license until 18..................................................................................................HB 868 Driver's license suspension; change provisions and penalties.......................................SB 274 Driver's license; suspension; refusing to submit to chemical test...............................HB 451 Driver's license suspension; reinstatement .....................................................................HB 840 DUI alcohol or drug use risk reduction programs.........................................................HB 297 DUI alcohol or drug use risk reduction programs; instructors;
criminal records checks..................................................................................................HB 358 Eliminate nolo contendere plea........................................................................................HB 152 First offenders; education/intervention program...........................................................HB 159 Forfeiture of vehicle .............................................................................................................HB 66 Fourth through sixth convictions; penalties ...................................................................HB 425 Habitual violator; forfeiture................................................................................................HB 74 Ignition interlock device; condition of probation ..........................................................HB 165 Marked driver's license and bumper sticker ..................................................................HB 530 Murder by vehicle; define offense....................................................................................HB 687

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2780

INDEX

DRIVING UNDER THE INFLUENCE (Continued) Period of detention.............................................................................................................HB 129 Suspension of driver's license.............................................................................................HB 65 Third conviction; treatment................................................................................................HB 77 Third or subsequent conviction; increase penalty .........................................................HB 364 While driving school bus, penalties; DUI alcohol or drug use risk reduction programs, criminal records checks ...............................................SB 312
DROMY, DOUG;commend...............................................................................................HR 364
DRUGS AND DRUG DEPENDENCY AND ABUSE Alcohol and drug courses; fees..........................................................................................HB 164 Alcohol and drug courses; State Board of Education supply teachers ......................HB 562 Clinical social worker; involuntary emergency treatment certification; certain persons.......................................................................................HB 1068 Controlled substances; butane; prohibitions...................................................................HB 511 Controlled substances; certain violations; prohibit first offender status.................................................................................................................HB 253 Controlled substances; forfeitures; comprehensively revise provisions ........................HB 72 Controlled substances; forfeitures; proceeds..................................................................HB 249 Controlled substances; forfeitures; proceeds .....................................................................SB 73 Controlled substances; offense by law enforcement officer or prison guard; felony...................................................................................................HB 242 Controlled substances; Schedule III; muscle growth drugs......................,...................HB 179 Criminally derived property; unlawful to deal in......................................,...................HB 324 Driver's license suspension; refusing to submit to chemical test................................HB 451 Driving under the influence; additional penalties .........................................................HB 115 Driving under the influence; alcohol and drug education course; fees ......................HB 147 Driving under the influence; amend provisions ...............................................................HB 63 Driving under the influence; certain drivers' licenses and identification cards; retroreflective finish ...................................................................HB 786 Driving under the influence; driver's license suspension; change provisions and penalties.................................................................................................SB 274 Driving under the influence; driver's license suspension; reinstatement...................................................................................................................HB 840 Driving under the influence; eliminate nolo contendere plea......................................HB 152 Driving under the influence; first offenders; education/intervention program...................................................................................HB 159 Driving under the influence; forfeiture of vehicle...........................................................HB 66 Driving under the influence; fourth through sixth convictions; penalties...........................................................................................................................HB 425 Driving under the influence; habitual violator; forfeiture of vehicle............................HB 74 Driving under the influence; ignition interlock device; condition of probation....................................................................................................HB 165 Driving under the influence; marked driver's license and bumper sticker................................................................................................................HB 530 Driving under the influence; period of detention..........................................................HB 129 Driving under the influence; persons under age 18; suspend driver's license until 18..................................................................................................HB 868 Driving under the influence; school bus driver, penalties; DUI alcohol or drug use risk reduction programs, criminal records checks.................................SB 312 Driving under the influence; suspension of driver's license...........................................HB 65 Driving under the influence; third conviction; treatrnent.................................,............HB 77 Driving under the influence; third or subsequent conviction; increase penalty...............................................................................................................HB 364 Drug abuse prevention services; good faith provider; liability ....................................HB 827 Drug abuse treatment programs; priority to pregnant females...................................HB 276

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INDEX

2781

DRUGS AND DRUG DEPENDENCY AND ABUSE (Continued) Drug Testing of Safety Sensitive and Critical Personnel Act of 1991;enact...........................................................................................................HB 933 DUI alcohol or drug use risk reduction programs .........................................................HB 297 DUI alcohol or drug use risk reduction programs; instructors; criminal records checks..................................................................................................HB 358 Hydromorphone oral tablets; prohibit oral prescription ..............................................HB 137 Juvenile proceedings; designated felony; drug trafficking..............................................HB 87 Medical assistance; certain drugs; prior authorization and approval.........................HB 472 Murder by vehicle; define offense....................................................................................HB 687 Penal institutions; uniform drug testing; provisions...................................................HB 1066 Pharmacists; license hearings; certain disabilities .........................................................HB 136 Prison inmates or personnel; random drug testing.......................................................HB 248 Public employee; certain final conviction; ineligible for office....................................HB 255 Sales tax; exempt certain purchases for charitable purposes......................................HB 365 Trafficking in marijuana; penalty ......................................................................................HB 86
DULANEY, GILBERT G.; commend.............................................................................HR 245
DULUTH, CITY OF; mayor and council; terms ...........................................................HB 991
DUNDEE MILLS, INC.; Griffin Technical Institute; invite to House.....................HR 445

E

EARLY COUNTY; grant easement....................................................................................SR 44
EAST POINT, CITY OF; mayor's veto; provisions to overrule..................................HB 994
EASTMAN, CITY OF; corporate limits .........................................................................HB 809
EATONTON, CITY OF; corporate limits........................................................................SB 321
ECKLES, CHRISTOPHER; commend ............................................................................HR 71
ECONOMY Certain business loans; authorize guaranteed revenue debt - CA..............................HR 385 Urban Policy Study Commission; create......................................................................,..SR 166
EDUCATION Ad valorem tax; ratio of assessed value to true value; school purposes .....................SB 201 African-American history; encourage as part of curriculum........................................HR 148 Alcohol and drug course; State Board of Education supply teachers ........................HB 562 Boards of education, elect; school superintendents, appoint - CA.............................HR 288 Boards of education; single member districts - CA.........................................................HR 76 Certain educational facilities; authorize guaranteed revenue debt - CA ...................HR 384 Certain elected officials; plurality of votes - CA.............................................................HR 38 Certain prisoners and probationers; mandatory educational instruction..................HB 244 Child support; over age 18; high school enrollment....................................................HB 1013 Colleges; full-tuition scholarship program .........................................................................SB 31 Colleges; Matthews-Dent scholarships; establish...........................................................HB 176 Correctional Education School Authority; create..........................................................HB 517 County boards of education; chairman's term; policy of board ...................................SB 396 County boards of education; meeting notices; publication..........................................HB 403 Death penalty; televise executions...................................................................................HB 110 Demonstration family resource center program; create..............................................HB 1074
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2782

INDEX

EDUCATION (Continued) Department personnel; salary limit .................................................................................HB 817 Driver's license; age 18 or under; requirements ...............................................................HB 23 Educational institutions; certain documents; unlawful .................................................SB 313 Elementary, secondary, and adult education; pilot projects; decategorize funds ..........................................................................................................HB 744 Full-tuition scholarship program; provide ......................................................................HB 515 Georgia Commission on Public Education Progress; establish....................................HB 252 Georgia Education Authority (University) Act; amend.................................................SB 167 Georgia Military College; two-year limit; delete............................................................HB 842 High schools; laboratory courses; teacher-pupil ratio ...................................................HB 512 Hiring practices in public school; urge investigation....................................................HR 149 Income tax credit; employers providing basic skills education ...................................HB 263 Interlocal risk management agencies; certain participation.........................................HB 344 Joint Capital Outlay Study Committee; create .............................................................HR 441 Libraries; boards of trustees; ex officio members..........................................................HB 584 Loans; certain teachers; service cancelable.....................................................................HB 305 Local boards of education; certain written employment contracts.............................HB 719 Local governments and boards of education; single-member districts.......................HB 103 Local school districts or systems; bonded indebtedness; State Board withhold state moneys for payment ................................................................HB 792 Local school superintendents; minimum salary; state funds .......................................HB 954 Local school systems; resident students; fees.................................................................HB 513 Mandatory education; age requirement ............................................................................HB 25 Media center materials; computer hardware and software..........................................HB 999 Minors; working hours; prohibitions................................................................................HB 368 No pass, no play; urge State Board of Education to revise policy .............................HR 432 Office of minority educator recruitment; create .............................................................SB 433 Office of strategic planning; create ..................................................................................HB 857 Professional Practices Commission; reportable offenses ..............................................HB 146 Professional school personnel; certification; waive certain fees ..................................HB 391 Proprietary schools; additional limited exemption........................................................HB 477 Proprietary schools; amend provisions ............................................................................HB 317 Proprietary schools; certain nonpublic medical schools; exemption...........................HB 582 Proprietary schools; fees; collection.................................................................................HB 318 Proprietary schools; job placement of graduates...........................................................HB 301 Proprietary schools specializing in religious instruction; exemption..........................HB 225 Proprietary schools specializing in religious instruction; exemption...........................SB 407 Proprietary schools; tuition guaranty trust fund; establish .........................................HB 319 Public libraries; boards of trustees; compensation........................................................HB 579 Quality Basic Education; amend provisions....................................................................SB 217 Quality Basic Education; certain officials and employees; serve as substitute teacher ............................................................................................HB 625 Quality Basic Education; certain psychiatric or psychological courses; boards adopt policies.......................................................................................HB 404 Quality Basic Education; courses at eligible institutions; high school credit.............................................................................................................SB 417 Quality Basic Education; criterion referenced and basic skills tests; eliminate................................................................................................................HB 644 Quality Basic Education; educational program assessments; amend provisions.............................................................................................................SB 328
Quality Basic Education; mentally retarded child in state licensed facility; free instruction..................................................................................................SB 348
Quality Basic Education; midterm adjustment; program adjustment........................HB 393
Quality Basic Education; school bus drivers; minimum salaries.................................HB 557
Quality Basic Education; textbooks; property of local administration ......................HB 727
Radon gas; test schools; urge school systems ...................................................................HR 29

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INDEX

2783

EDUCATION (Continued) Remedial program; include grades six through eight....................................................HB 523 Remedial programs; eligibility.............................................................................................SB 32 Revenue; educational purposes; one percent special sales tax - CA...........................HR 108 Revenue; educational purposes; one percent special sales tax - CA...........................HR 134 Revenue; educational purposes; one percent special sales tax - CA...........................HR 158 Revenue; educational purposes; one percent special sales tax - CA...........................HR 159 Revenue; educational purposes; one percent special sales tax - CA............................SR 159 Right to vote; student awareness; urge...........................................................................HR 297 Sales tax; certain sales by schools; exemption ...............................................................HB 234 Scholarships; certain offices; promote programs ...........................................................HB 695 Scholarships, loans, grants, insuring of loans; certain military persons; General Assembly provide - CA....................................................................HR 399 School bus drivers; driving under the influence, penalties; DUI alcohol or drug use risk reduction programs, criminal records checks ...................SB 312 School buses transporting kindergarteners; seat belts; provide ..................................HB 937 School closing; certain conditions; certain personnel authorized to leave .............................................................................................................................HB 453 School personnel; sick leave; personal and professional use........................................HB 851 Schools; age range per grade.............................................................................................HB 142 Schools; certain courses of study; offer ...........................................................................HB 908 Schools; compulsory attendance; age.................................................................................HB 71 Schools; compulsory attendance; age................................................................................SB 155 Schools; corporal punishment.............................................................................................HB 18 Schools; corporal punishment; written permission ............................................................HB 8 Schools; Georgia Teachers of the Year; salary increases...............................................SB 412 Schools; sex education and AIDS prevention; sexual abstinence................................HB 675 Schools; smoking prohibitions..........................................................................................HB 275 Schools; uniform scale of grading.....................................................................................HB 370 School systems; multiyear lease, purchase, or lease purchase contracts; real property limitations..............................................................................HB 321 School textbooks; purchasing by local systems..............................................................HB 193 Seat belts on school buses; urge Department of Education to study.........................HR 567 State Arboretum of Georgia; designate Thompson Mills forest of University of Georgia.....................................................................................................HR 225 State Arboretum of Georgia; designate Thompson Mills forest of University of Georgia......................................................................................................SR 129 State Board of Education and state school superintendent; appointment - CA...........................................................................................................HR 525 State Board of Education; delegate certain powers to State School Superintendent...................................................................................................HB 959 State lottery for education construction trust fund; provide - CA.............................HR 181 State lottery; indigent care and educational purposes - CA..........................................HR 36 State lottery; provide for educational purposes - CA.....................................................HR 34 Student with infectious disease; notify certain personnel............................................HB 741 Students; certain school-sponsored activities; eligibility ..............................................HB 768 Teacher certification; transfer to Professional Standards Commission .....................HB 589 Teachers and public school employees; health insurance; amend provisions .............................................................................................................SB 190 Teachers and substitute teachers; daily planning period.............................................HB 372
Teachers; duty-free lunch periods....................................................................................HB 373
Teachers, duty-free lunch periods; Teachers of the Year, salary increases; at-risk student pilot projects, decategorization of funds...........................SB 71
Teachers Retirement; attendance officers; members....................................................HB 353
Teachers Retirement; certain employees of the Professional Practices Commission ....................................................................................................HB 265
Teachers; sick leave bank or pool; provisions................................................................HB 793

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2784

INDEX

EDUCATION (Continued) Technical and adult education; employees; payroll deductions; certain charity ..................................................................................................................SB 180 Technical and adult education; reduction in force; State Board develop policy..................................................................................................................HB 320 University of Tennessee; permit attendance of certain Georgia residents without out-of-state fees; urge.....................................................................HR 131 University System; earned credit hours; relative to expiration...................................HR 543 University System Laboratory, Equipment, Rehabilitation Technology, and Eminent Scholars Endowment Study Committee; create.............................................................................................................HR 99 Workers' compensation; self-insurers; certain authorization to participate........................................................................................................................HB 343
EFFINGHAM COUNTY; state court; judge and solicitor; salary..............................HB 536
ELBERT COUNTY; Purple Martin Capital of Georgia; proclaim.............................HR 178
ELDER, BILLY N.; commend..........................................................................................HR 265
ELDERLY Cardiopulmonary resuscitation; candidate for nonresuscitation; procedures...........................................................................................................................SB 93 Health care; indigent and elderly patients; ventilator assistance ...............................HB 130 House Older Georgians' Transportation Study Committee; report filed ................Page 309 Income tax; retirement income; increase exclusion.......................................................HB 779 Living wills; certain conditions; withhold life-sustaining procedures.........................HB 968 Long-term care facilities; irrevocable letters of credit...................................................SB 186 Long-term care facilities; reports of abuse; certain immunity .....................................SB 212 Medical assistance; certain drugs; prior authorization and approval.........................HB 472 Medical records; access by long-term care ombudsman or Department of Human Resources .........................................................................................................SB 87 Nursing homes; certain sprinkler system; requirement.................................................SB 182 Nursing homes; deficiencies; notification requirements ................................................SB 213 Nursing homes; receivership; certain violations..............................................................SB 211 Older Georgians' and Handicapped Transportation Task Force; create ...................HR 457 Public assistance; food stamp recipients; photo identification....................................HB 893 Retail stores; relative to price labels on shelves ............................................................HR 415 Tax deferral; alternative method .....................................................................................HB 505 Tax deferral; annual income of $25,000 ..........................................................................HB 507 Tax deferral; annual income of $40,000 ..........................................................................HB 506 Tax deferral; certain counties; alternative method .......................................................HB 503 Tax deferral; certain counties; repeal alternative method...........................................HB 504 Taxable net income; exclusion for certain retirement income ..................................HB 1000 Torts; volunteer transportation of senior citizens; immunity from liability....................................................................................................................HB 555 Voting; booth for handicapped persons; designation ......................................................HB 14
ELECTIONS Amend Code..........................................................................................................................HB 68 Amend Code; presidential electors...................................................................................HB 907 Ballots; order of names; randomized alphabet...............................................................HB 178 Campaign contributions; elected officials; limitation.......................................................SB 18 Campaign contributions; limitations ....................................................................................SB 4 Campaign contributions; political action committees; disclosure ..................................SB 20 Campaign contributions; unopposed candidates; disclosure........................................HB 229 Campaign literature; regulation provisions........................................................................SB 22 Candidates; drug testing, definition; pauper's reimbursement....................................HB 601 Candidates for public office; expenditures; limitations................................................HB 678

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INDEX

2785

ELECTIONS (Continued) Certain elected officials; plurality of votes - CA.............................................................HR 38 Certain municipal offices; commencement; General Assembly provide.....................HB 934 Certain petitions; one signature per card ..........................................................................SB 25 Constitution; proposed changes; summary at polling places .......................................HB 670 Counties; boards of commissioners; single-member districts.......................................HB 104 County merger or division; remove certain requirement - CA....................................HR 526 County offices; nonpartisan; General Assembly provide by local law........................HB 500 County tax officials; vacancy in office.............................................................................HB 209 Driver's license examiners; serve as deputies to certain boards of registrars.........................................................................................................HB 473 Elected public officials; campaign contributions; limitations ......................................HB 521 Financial disclosure; gifts, food, entertainment, lodging over $200; certain information required ............................................................................HB 1042 Financial disclosure reports; unopposed candidate.......................................................HB 196 General primary and nonpartisan primary; change date.............................................HB 342 Lieutenant Governor and Speaker of the House; limit terms of office -CA...................................................................................................................HR 209 Local governments and boards of education; single-member districts.......................HB 103 Municipal elections; notice of candidacy........................................................................HB 204 Municipal elections; terms; General Assembly change by local law...........................HB 467 Municipal elections; utilize county voter registration system .....................................HB 205 Nomination petitions; requirements................................................................................HB 197 Plurality vote; exceptions..................................................................................................HB 100 Probate court judges; nonpartisan election....................................................................HB 211 Probate court judges; nonpartisan election - CA...........................................................HR 102 Probate court judges; nonpartisan election; qualifying ...................................................SB 62 Public officials; vacancies in office; appointments ........................................................HB 235 Public safety examiners; deputy registrars.....................................................................HB 206 Qualifying fees; form of payment.....................................................................................HB 200 Recall Act of 1989; amend provisions ..............................................................................SB 382 Right to vote; student awareness; urge...........................................................................HR 297 Special elections; uniform dates .......................................................................................HB 195 State Election Board; powers..............................................................................................HB 67 State officers and employees; political activities; authorization ....................................SB 23 Superior court judges; residency requirement - CA........................................................HR 75 Superior court judges; revise method of election.............................................................HB 99 Voting booth for handicapped persons; designation .......................................................HB 14 Write-in candidates; specify office...................................................................................HB 201
ELECTRICAL SERVICE Electric membership corporations; cable television; own systems, furnish service .................................................................................................HB 892 Electric membership corporations; urge study by Public Services and Utilities Subcommittee ..........................................................................................HR 471 Electricity Generating Plant Condemnation Review Board; create ...........................HB 898 Public Service Commission; special fees; method of calculating.................................HB 901 Tennessee Valley Authority; payments; change apportioning method ....................HB 1034 Utilities; integrated resource planning............................................................................HB 280
ELEVATORS AND ESCALATORS Elevators, escalators, dumbwaiters, manlifts, and moving walks; inspection and fees; time limit .........................................................................................HB 439
ELLIOTT, BYRON; condolences .....................................................................................HR 608
ELLIOTT, PAUL WILLIAM; invite to House ............................................................HR 298
ELLIS, COLONEL LEE; commend................................................................................HR 240

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2786

INDEX

ELLISON, DR. ROBERT GORDON; commend ........................................................HR 222
ELMER A. DENNARD HIGHWAY; designate ..........................................................HR 346
ELMORE, NORMAN BENEDICT, JR.; condolences ...............................................HR 223
EMERGENCIES AND EMERGENCY SERVICES Ambulance service; license requirements............................................................................HB 5 Certain public employees; indemnification; $100,000 ...................................................HB 705 Clinical social workers; involuntary emergency treatment certification; certain persons.......................................................................................HB 1068 Counties and municipalities; establish local organization............................................HB 241 Disaster Emergency Relief Fund; create - CA...............................................................HR 106 Emergency 911 service; definition; billing provisions ....................................................SB 289 Emergency 911 service; monthly charge; local governments impose..........................HB 795 Flashing green lights, restrictions; county tag decal, prohibitions; Purple Heart veterans, special plates ...................................................SB 324 Indemnification, time limit for filing application; certain Public Service Commission personnel, eligibility ...................................................................HB 454 Intravenous fluids on vehicles; requirements ..................................................................SB 284 Living wills; certain conditions; withhold life-sustaining procedures.........................HB 968 Organized militia; state active duty; emergencies ..........................................................SB 282 Peer review groups; review organization; redefine.........................................................HB 758 Personnel; certain recertification standards; delete .......................................................SB 365 Rescue specialist; indemnification ...................................................................................HB 238 Tags; prestige plates; licensed emergency medical technicians ...................................HB 838 Workers' compensation; certain volunteers; coverage...................................................HB 291 Workers' compensation; rehabilitation benefits; catastrophic injury .........................HB 815
EMINENT DOMAIN Electricity Generating Plant Condemnation Review Board; create ...........................HB 898 Public works projects; certain municipalities; population............................................HB 615
EMPLOYEES' RETIREMENT SYSTEM (See Retirement and Pensions or State Employees)
EMPLOYMENT Collective bargaining; factfinder; recommendations .....................................................HB 636 Employees; certain family or medical leave...................................................................HB 510 Employees; use of legal agricultural commodities; nonworking hours .......................HB 925 Employment Security Law; amend Code........................................................................HB 303 Equal Employment Opportunity Act; enact...................................................................HB 153 Income tax; monthly and quarterly withholding returns; amend...............................HB 413 Labor Department; security appropriation.......................................................................HB 84
ENERGY Alternative energy sources; urge research and development .........................................HR 12 Electric membership corporations; cable television; own systems, furnish service .................................................................................................HB 892 Environmental Facilities Authority; members..................................................................SB 96 Environmental Policy Act; enact ........................................................................................SB 97 Joint Study Committee on Gasoline Marketing; create ...............................................HR 248 MARTA; alternative fuels plan; provide by January 1, 1992......................................HB 881
ENGINEERS AND LAND SURVEYORS Amend provisions ...............................................................................................................HB 143 Define land surveying.........................................................................................................SB 197
ENVIRONMENTAL PROTECTION (Also, see Conservation and Natural Resources or Hazardous Substances) Air Quality Act; amend provisions...................................................................................HB 709

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INDEX

2787

ENVIRONMENTAL PROTECTION (Also, see Conservation and Natural Resources or Hazardous Substances) (Continued) Environmental Facilities Authority; members..................................................................SB 96 Environmental Policy Act; enact ........................................................................................SB 97 Environmental Protection Division; appoint director....................................................SB 102 Environmental Protection Division, director; Environmental Advisory Council, create ................................................................................................HB 274 Soil erosion control; buffer zone around stream banks ................................................HB 765 Waste management; municipal solid waste; certain requirements ...............................HB 60 Waste management; scrap tire disposal; regulations.....................................................HB 481
EQUAL RIGHTS African-American history; encourage as part of curriculum........................................HR 148 Commission on Women; create.........................................................................................HB 654 Drug abuse treatment programs; priority to pregnant females...................................HB 276 Education; office of minority educator recruitment; create..........................................SB 433 "Girls and Women in Sports Day"; first Thursday in February; designate ..............SB 130 Henry Ossian Flipper; commemorative postage stamp; urge issuance by Postmaster General...................................................................................................HR 345 Henry Ossian Flipper; commemorative postage stamp; urge issuance by Postmaster General...................................................................................................SR 201 Hiring practices in public school; urge investigation ....................................................HR 149 Indian burial grounds, human remains, and burial objects; protection.....................HB 457 Joint Committee on Minority Business Enterprise Participation in State Contracts; create..............................................................................................HR 163 Schools; certain courses of study; offer ...........................................................................HB 908 State contracts; minority businesses; certification .........................................................SB 144 State contracts; minority business participation ...........................................................HB 230 State contracts; prohibitions; person, firm, or corporation convicted of discrimination ...........................................................................................HB 304
ESTATES Child born out of wedlock; inheritance...........................................................................HB 251 Georgia Trust Act; enact ...................................................................................................HB 794 Real estate transfer tax; certain heirs; exemption.........................................................HB 563 Self-proved will; testator and witnesses; affidavits .......................................................HB 556 Wills; lost or destroyed; copy accepted for probate ......................................................HB 440 Wills; lost or destroyed; copy accepted for probate.........................................................SB 41 Year's support; certain items; delete provisions............................................................HB 541 Year's support; determination of amount.......................................................................HB 540
ETHERIDGE, JOHN D.; commend................................................................................HR 374
EUCLID AVENUE YACHT CLUB; commend ..........................................................HR 573
EUGENE TALMADGE MEMORIAL BRIDGE; continuation of name; support .................................................................................................................................HR 444
EVIDENCE Certain reproductions; admissibility................................................................................HB 492 Child victim or witness; two-way closed circuit television............................................SB 178 Civil practice; depositions by telephone..........................................................................HB 729 Common-law marriage; proof; certain evidence required.............................................HB 539 Continuances; absence of witness, application; absence of attorney, General Assembly staff; professional malpractice, expert witness..........................HB 461 Criminal procedure; discovery; witness statement ........................................................HB 714 Domestic violence cases; spouse compelled to testify ...................................................HB 447 Georgia Bureau of Investigation; written scientific reports............................................SB 59 Law enforcement officers; complaints against; establish criteria................................HB 854

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2788

INDEX

EVIDENCE (Continued) Law enforcement officers; witness fees...........................................................................HB 148 Law enforcement officers; witness fees...........................................................................HB 455 Medical malpractice; expert witness; qualifications......................................................HB 621 Personal care homes; evidence in mitigation and explanation..................................HB 1080 Police officers; witness fees ...............................................................................................HB 161 Revise Code............................................................................................................................SB 51 Speed detection devices; admissible evidence; restrictions ..........................................HB 258
EXAMINING BOARDS (See Licenses or Professions and Businesses)
EXCISE TAX Counties and municipalities; levies; hotels and motels ................................................HB 420 Malt beverages; production for home consumption........................................................HB 62 Public accommodations; nonprofit organizations............................................................HB 57 State and county; solid minerals severance....................................................................HB 696
EXECUTIONS AND JUDICIAL SALES Civil actions; registered or certified mail; filing determined by postmark.....................................................................................................................HB 698 Civil practice; stay of proceedings; certain federal provisions.....................................HB 720 Tax executions; surety bond for condemnation money................................................HB 341 Tax sale; right to redeem property; expiration............................................................HB 1095
EXNER, ANSLEY; commend ...........................................................................................HR 450

FAIRBURN, CITY OF; homestead exemption; elderly or disabled ..........................HB 316
FAIRMOUNT, CITY OF; veto power of mayor; repeal ..............................................HB 686
FAMILY (Also, see Domestic Relations) At-risk children and youth; establish goals .....................................................................SB 104 Child abuse; accessing records; amend provisions.........................................................HB 289 Child custody; continuing parental contact; interest of child ......................................SB 208 Child placement; Division of Family and Children Services of the Department of Human Resources; periodic reviews.................................................HB 662 Children and youth; community innovation zones; designate...................................HB 1050 Children and Youth Coordinating Council; create.........................................................SB 370 Children and Youth Overview Committee; create..........................................................SB 105 Children in foster care; periodic reviews .........................................................................SB 315 Child welfare agency; redefine name and provisions.....................................................SB 123 Commission on Women; create.........................................................................................HB 654 Crime of incest; limitation on prosecutions......................................................................HB 28 Demonstration family resource center program; create..............................................HB 1074 Dependent children receiving aid; mandatory school attendance; exception..........................................................................................................................HB 895 Deprived child; foster care; periodic reviews..................................................................HB 519 Domestic violence offense; written reports.....................................................................HB 449 Domestic violence or protective order violations; arrest without warrant.................HB 298 Employees; certain family or medical leave...................................................................HB 510 Family violence offense; additional conditions of bail; authorize ...............................HB 448 Georgia Child Care Council; create..................................................................................HB 399 Joint Study Committee for the Well-being of Georgia's Children; create...............................................................................................................HR 333
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INDEX

2789

FAMILY (Also, see Domestic Relations) (Continued) Joint Study Committee on Children and Youth; create.................................................SR 72 Offenses of fornication and adultery, repeal; adultery, define....................................HB 846 Public assistance; food stamp recipients; photo identification....................................HB 893 Special Program of Services for At-Risk Children and Families Act; enact .......................................................................................................................HB 1073 Year's support; certain items; delete provisions ............................................................HB 541 Year's support; determination of amount.......................................................................HB 540
FAMILY COMMUNITY LEADERSHIP TEAMS; commend ..............................HR 251
FANNIN COUNTY; Fannin and Gilmer counties; grant easement.............................HR 80
FARMS AND FARM PRODUCTS Agricultural Commodity Commission for Peanuts; members......................................HB 660 Agricultural products; definitions; include dairy products; exception .......................HB 844 Agriculture, crops, farm products; define in Code.........................................................SB 311 Boll weevil eradication; cotton destruction; exemption................................................HB 475 Division of Irrigation Contractors; create .......................................................................HB 559 Eggs; regulations, classifications, licenses........................................................................SB 126 Farm Tractor Warranty Act; enact..................................................................................HB 175 Farm wineries in state; wine in bond; sell to each other.............................................HB 756 Sales tax; exempt food.......................................................................................................HB 401 Sales tax exemption for certain food, repeal; income tax credit, low-income residents..........................................................................................................HB 1 Sales tax; food consumed off premises; exemption.......................................................HB 105 Sales tax; food consumed off premises; exemption - CA...............................................HR 10 Uniform Commercial Code; definitions, provisions.....................................................HB 1086 Wineries; Sunday sales; remote tasting rooms...............................................................HB 676 Wineries; Sunday sales; remote tasting rooms or special entertainment districts ...................................................................................................SB 389
FAY, DR. MARTHA; commend.........................................................................................HR 90
FAYETTE COUNTY Regional development centers; ratify certain transfer....................................................HR 15 Regional development centers; ratify certain transfer....................................................HR 79
FEDERAL GOVERNMENT Ad valorem tax; fair market value; state or federal restrictions on property use..........................................................................................HB 233 ADAD equipment; use with long-distance telephone calls; urge Federal Communications Commission to regulate...........................................HR 379 American dogwood; federal and state agencies and University System; urge research to save.......................................................................................HR 439 Bicycle and pedestrian facilities; Department of Transportation request funds from Federal Highway Administration............................................HB 1036 Bond proceeds; authorized investments; provisions.......................................................SB 175 Bush, President, United States Congress, and men and women in Operation Desert Storm; support............................................................................HR 166 Bush, President George; invite to Southeast Georgia Veteran's Day celebration..................................................................................................................SR 56 Cable industry; competition in marketplace; urge United States Congress to enact legislation.........................................................................................HR 261 Disaster Emergency Relief Fund; create - CA...............................................................HR 106 Disrespect to flag; sanctions; urge United States constitutional convention..............................................................................................HR 105 Disrespect to flag; sanctions; urge United States constitutional convention...............................................................................................SR 151

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2790

INDEX

FEDERAL GOVERNMENT (Continued) Elections Code; presidential electors; amend provisions..............................................HB 907 Employees' Retirement System; certain former employees of Centers for Disease Control; creditable service........................................................................HB 913 Financial institution officer; certain information requirement; liability ..............................................................................................................................SB 162 Georgia Public Revenue Code; revise tax provisions ....................................................HB 335 Henry Ossian Flipper; commemorative postage stamp; urge issuance by Postmaster General...................................................................................................HR 345 Henry Ossian Flipper; commemorative postage stamp; urge issuance by Postmaster General ...................................................................................................SR 201 Income tax; capital gains adjustment..............................................................................HB 456 Income tax credit; uncompensated indigent health ceae............................................HE 1083 James Earl Carter, Jr. Tribute Commission; create......................................................HR 402 Medicaid; enhance and improve program; urge Georgia Congressional delegation ...............................................................................................HR 189 Monorail people mover for the Buckhead area; urge United States funding for study ............................................................................................................HR 597 Operation Desert Storm; multinational coalition; appreciation...................................SR 133 Property; public road purpose; wetland mitigation.......................................................HB 674 Public assistance; food stamp recipients; photo identification....................................HB 893 Sales tax; exemption; items paid by state or federal funds.........................................HB 332 Supreme Court decision; Pennsylvania v. Davenport; urge Congress override.............................................................................................................................HR 151 Surface Transportation Reauthorization Act; urge United States passage..................SR 98 Tennessee Valley Authority; payments; change apportioning method....................HB 1034 United States Department of Veterans Affairs; beneficiaries; guardians' compensation................................................................................................HB 760 Wetlands; federal manual; urge Congress to mandate changes ..................................HR 114
FELTON, HONORABLE DOROTHY; communications ..................................Pages 24, 26
FIDUCIARIES Real estate transfer tax; certain heirs; exemption.........................................................HB 563 Self-proved will; testator and witnesses; affidavits .......................................................HB 556
FIELDING, TROOPER FIRST CLASS HENRY W. "HANK", JR.; invite to House .......................................................................................HR 381
FIFTH ANNUAL GEORGIA PEACH FESTIVAL; invite representative to House .....................................................................................................HR 383
FINANCIAL INSTITUTIONS Business development corporations; loan requirement ...................................................SB 34 Check cashers; licensing; change exemption...................................................................HB 470 Financial institutions and attorneys; trust accounts...................................................HB 1097 Georgia Housing and Finance Authority Act; enact........................................................SB 95 Georgia Security for Public Deposits Act; enact .........................................................HB 1096 Housing authorities; investments; change provisions..................................................HB 1067 Investment of state funds; South Africa; prohibitions.................................................HB 101 Investment of state funds; South Africa; prohibitions .................................................HB 102 Officer; certain information requirement; liability .........................................................SB 162 Public retirement systems; pooled funds; investments.................................................HB 637 Purchases with credit card or check; prohibitions ...........................................................SB 39 Retirement and pension funds; prohibit investments; loans to South Africa................................................................................................................HB 156
FINDLEY, HARVEY D.; commend................................................................................HR 490
FINSTER, REVEREND HOWARD; commend ..........................................................HR 121

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INDEX

2791

FIRE PROTECTION Certain public employees; indemnification; $100,000 ...................................................HB 705 Criminal possession of incendiary or explosive device; define offense ..................................................................................................................HB 271 Department of Public Safety; amend provisions..............................................................SB 74 Firemen's Pension Fund; amend provisions...................................................................HB 441 Firemen's Pension Fund; certain members; obtain service credit ..............................HB 634 Firemen's Pension Fund; continued membership; certain administrative oversight responsibilities .......................................................HB 711 Firemen's Pension Fund; spouse's benefits; provisions ................................................HB 635 Fire Sprinkler Act; amend.................................................................................................HB 272 Fire suppression systems; regulate...................................................................................HB 434 Fireworks; certain types; sales ........................................................................................HB 1035 Georgia Certified Fire Investigators Act; enact .............................................................HB 969 Indemnification, time limit for filing application; certain Public Service Commission personnel, eligibility...................................................................HB 454 Nursing homes; certain sprinkler system; requirement.................................................SB 182 Special license plates; firefighters; amend provisions ...................................................HB 613 Workers' compensation; certain volunteers; coverage...................................................HB 291
FIREARMS Ammunition; selling to person under age 16; prohibit .................................................HB 859 Criminal possession of incendiary or explosive device; define offense ..................................................................................................................HB 271 Driver's license or identification card; dealer test for retroreflective finish .......................................................................................................HB 786 False or facsimile bombs; prohibitions............................................................................HB 107 License to carry; amend provisions.....................................................................................SB 45 Peace officer provisions; amend ..........................................................................................SB 53 Pistol or revolver; license to carry; five-hour training ..................................................HB 460 Pistols and revolvers; sales by dealer; required procedure ..........................................HB 278 Possession; those prohibited; identification method .....................................................HB 640 Regulation by state; exclusions.........................................................................................HB 375 Sales; instant background check, regulations..................................................................SB 150 Storage in locked container...............................................................................................HB 277
FIREFIGHTERS' RECOGNITION DAY; 19th annual; commend ........................HR 146
FISH AND FISHING (Also, see Game and Fish) Hunting, fishing, and trapping license agents; self-insurance fund; defalcation.............................................................................................................HB 708 Nonresident salt-water fishing license; repeal ................................................................SB 374 Seafood; certain violations; penalties...............................................................................HB 746 Shellfish; comprehensive regulation.................................................................................HB 323
FITZGERALD, CITY OF; Fitzgerald-Ben Hill County Charter Commission; create ..............................................................................................HB 985
FLAGS Disrespect to flag; sanctions; urge United States constitutional convention..............................................................................................HR 105 Disrespect to flag; sanctions; urge United States constitutional convention ...............................................................................................SR 151 House State Flag Redesign Study Committee; create ....................................................HR 25 State flag; change design .....................................................................................................HB 53
FLOYD COUNTY Convey property....................................................................................................................HR 74

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2792

INDEX

FLOYD COUNTY (Continued) Grant easement...................................................................................................................HR 160 Rome-Floyd County Commission on Children and Youth; add member.....................................................................................................................HB 688
FOOD Eggs; regulations, classifications, licenses........................................................................SB 126 Retail groceries; price on package......................................................................................HB 31 Sales tax; exempt food and telephone service................................................................HB 154 Sales tax exemption............................................................................................................HB 401 Sales tax exemption; charitable purposes.......................................................................HB 365 Sales tax exemption; food consumed off premises........................................................HB 105 Sales tax exemption; food consumed off premises - CA................................................HR 10 Shellfish; comprehensive regulation.................................................................................HB 323 Smoking in food establishments; prohibitions...............................................................HB 432 Uniform Commercial Code; definitions, provisions.....................................................HB 1086
FORECLOSURE; tax sale; right to redeem property; expiration .............................HB 1095
FOREIGN GOVERNMENTS Investment of state funds; South Africa; prohibitions.................................................HB 101 Investment of state funds; South Africa; prohibitions .................................................HB 102 Lottery; materials and equipment; delete certain provisions.......................................SB 367 Retirement and pension funds; prohibit investments; loans to South Africa................................................................................................................HB 156
FORESTS AND PLANT RESOURCES Ad valorem tax; conservation use property; residential transitional property; timber........................................................................................HB 283 American dogwood; federal and state agencies and University System; urge research to save.......................................................................................HR 439 State Arboretum of Georgia; designate Thompson Mills forest of University of Georgia.....................................................................................................HR 225 State Arboretum of Georgia; designate Thompson Mills forest of University of Georgia......................................................................................................SR 129
FORRESTER, MISS LEMMA; commend....................................................................HR 230
FORSYTH COUNTY Board of commissioners; compensation...........................................................................HB 861 Board of education; per diem...........................................................................................HB 974 Cumming-Forsyth County Unification Commission; create ........................................HB 361 Optimists Club; commend.................................................................................................HR 231
FORT VALLEY, CITY OF; municipal elections ..........................................................HB 619
48TH INFANTRY BRIGADE; commend....................................................................HR 281
4-H CLUB DAY; recognize January 31, 1991; invite state national winners and president to House.........................................................................HR 97
FOURTH ANNUAL WILD TURKEY JAMBOREE; commend ..........................HR 572
FRANCHISES; motor vehicles; protection; distributor ................................................HB 646
FRANKLIN COUNTY; board of commissioners; create..............................................SB 442
FRAUD Georgia Computer Systems Protection Act; enact........................................................HB 822 Theft; misappropriation of trade secrets.........................................................................SB 320
FREDENBURG, MIKE; commend.................................................................................HR 338

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INDEX

2793

FREEDOMS FOUNDATION AT VALLEY FORGE; commend..........................HR 270
FREEMAN, CHARLES MARC; commend....................................................................HR 55
FUEL (See Gas, Gasoline and Gas Service)
FULTON COUNTY Ad valorem tax revenues; limitation.................................................................................SB 453 Appointment of certain chief deputies............................................................................HB 542 Atlanta; millage rate..............................................................................................................SB 43 Board of commissioners; purchasing................................................................................HB 826 Board of education retirement system; 30 years.............................................................HB 16 Board of education; semiannual retirement benefit......................................................HB 724 Building within 500 feet of lake; engineer's approval.................................................HB 1065 Certain counties; bond elections; provisions...................................................................HB 498 Certain counties; superior court clerks; fees; change population figures................................................................................................................................SB 318 City of North Fulton County; incorporate ......................................................................SB 452 City of South Fulton County; incorporate.......................................................................SB 451 Commission chairman; limit terms...................................................................................SB 226 Convey and accept property................................................................................................SR 68 Convey property....................................................................................................................SR 67 Elderly or disabled; homestead exemption.....................................................................HB 730 Fulton County Study Committee on the Equitable Siting of Waste Handling Facility; create ...............................................................................................HR 291 Governing authority; code of ethics.................................................................................HB 932 Motor vehicles; designated registration...........................................................................HB 649 New landfill site; prohibit ..................................................................................................SB 270 Office of county manager; create......................................................................................HB 725 Office of county manager; create......................................................................................HB 726 Public safety radio services; coordinated use; certain municipalities..................................................................................................................HB 611 Rat poison and rodent control; access to residents........................................................SB 225 South Fulton Tennis Center; venue for 1996 Olympic tennis competition; endorse......................................................................................................HR 367 Superior court clerks; services; costs; certain counties ..................................................SB 317
FUNERAL DIRECTORS Embalmers; apprenticeship; registration.........................................................................HB 576 Funeral home; property dedicated for cemetery; requirements...................................SB 236
FUTURE FARMERS OF AMERICA OF GEORGIA; invite president to House .............................................................................................................HR 320
FUTURE HOMEMAKERS OF AMERICA/HOME ECONOMICS RELATED OCCUPATIONS YOUTH SERVICE ORGANIZATION Commend; proclaim February 7, 1991, FHA/HERO Day at capitol ........................HR 111

G

GAMBLING Bingo; licensing requirements............................................................................................SB 120 Casino gambling, authorization; Gaming Commission, create.......................................HB 58 Casino gambling; provide - CA...........................................................................................HR 24 Certain games or devices; exception to prohibition against gambling.............................................................................................................HB 281
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2794

INDEX

GAMBLING (Continued) Cockfighting; provide for felony offense .........................................................................HB 871 Dog racing; authorize pari-mutuel wagering.....................................................................HB 54 Dog racing; provide for pari-mutuel wagering - CA........................................................HR 26 Horse racing; authorize pari-mutuel wagering.................................................................HB 55 Horse racing; provide for pari-mutuel wagering - CA ....................................................HR 22 Lotteries; delete prohibitions; provide for nonprofit lottery - CA..............................HR 226 Lotteries; repeal prohibitions - CA....................................................................................HR 35 Lottery materials and equipment; out-of-state sales; delete certain provisions.............................................................................................................SB 367 Lottery materials and equipment; out-of-state sales; number of free replays....................................................................................................................HB 50 Pari-mutuel racetracks and wagering; authorize...........................................................HB 777 State lottery for education construction trust fund; provide - CA.............................HR 181 State lottery; indigent care and educational purposes - CA..........................................HR 36 State lottery; provide - CA....................................................................................................HR 7 State lottery, provide; Department of Lottery, create..................................................HB 780 State lottery; provide for educational purposes - CA.....................................................HR 34
GAME AND FISH Department of Natural Resources; volunteer service programs; establish and operate......................................................................................................SB 272 Hunting, fishing, and trapping license agents; self-insurance fund; defalcation .............................................................................................................HB 708 K. T. Kennedy Reef; designate ........................................................................................HR 500 Killing wildlife at night; condemnation of property; official use................................HB 811 Nonresident salt-water fishing license; trafficking in bears or bear parts; pet ferret.......................................................................................................SB 374 Property posted against hunting; mark trees with royal purple paint ......................HB 745 Seafood; certain violations; penalties...............................................................................HB 746 Shellfish; comprehensive regulation.................................................................................HB 323
GARDEN CITY, CITY OF; mayor and council; election provisions.........................HB 549
GARNER, DR. CYLER D.; commend............................................................................HR 587
GARNISHMENT Delinquent taxes; certain provisions................................................................................HB 333 State and political subdivisions; charges for answering ...............................................HB 384
GAS, GASOLINE AND GAS SERVICE Hazardous substances; spills or releases; reporting........................................................SB 142 Joint Study Committee on Gasoline Marketing; create ...............................................HR 248 Marketing; retail sales; prohibitions................................................................................HB 227 MARTA; alternative fuels plan; provide by January 1, 1992......................................HB 881 Petroleum products; environmental assurance fees; increase.......................................SB 385 Products containing alcohol; label...................................................................................HB 564 Public Service Commission; pipeline or distribution system; value............................SB 202 Public Service Commission; special fees; method of calculating.................................HB 901 Radon gas; test schools; urge school systems...................................................................HR 29 Underground storage tank, define; trust fund, provisions...........................................HB 743 Utilities; rate-making proceedings; accounting methods..............................................HB 514
GATEWOOD SCHOOL LADY GATORS BASKETBALL TEAM Commend.................................................................................................... HR 568
GATEWOOD SCHOOLS, INC.; football team and staff; commend ........................HR 373
GAY, TOWN OF; mayor pro tempore and city council; provisions.............................................................................................................................HB 667

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INDEX

2795

GENERAL ASSEMBLY Adjourn 1/18/91; reconvene 1/28/91 .....................................................................................SR 5 Adjourn 2/8/91; reconvene 2/11/91 ..................................................................................HR 229 Adjourn 2/15/91; reconvene 2/18/91 ................................................................................HR 299 Adjourn 2/22/91; reconvene 2/25/91 ................................................................................HR 368 Adjourn 3/1/91; reconvene 3/5/91 .....................................................................................SR 247 Adjourn 3/8/91; reconvene 3/11/91 ..................................................................................HR 472 Adjourn 3/13/91; reconvene 3/15/91; adjourn sine die 3/15/91 ....................................SR 317 Adjourn 3/13/91; reconvene 3/15/91 .................................................................................SR 319 Adjourn sine die 3/15/91 ....................................................................................................SR 341 Annexation; copy of local bills; requirement..................................................................HB 113 Budgets; long-term plans; cost-benefit reviews of programs ........................................SB 410 Campaign contributions; elected officials; limitation.......................................................SB 18 Campaign contributions; limitations ....................................................................................SB 4 Candidates for public office; expenditures; limitations ................................................HB 678 Certain committees; subpoena powers ..............................................................................HB 59 Certain municipal offices; commencement; General Assembly provide.....................HB 934 Children and Youth Overview Committee; create..........................................................SB 105 Claims against state; introduction of resolutions in Senate ...........................................SB 16 Clerk of the House and Secretary of the Senate; succession to office .......................HB 173 Compensation of local officials set by continued Constitutional Amendment; General Assembly change by local law - CA........................................HR 33 Continuances; absence of attorney; General Assembly staff ........................................SB 310 County offices; nonpartisan elections; provide by local law ........................................HB 500 Employees' Retirement System; creditable service; certain part-time employment ...................................................................................................HB 972 Expense accounts; documentation ...................................................................................HB 119 Expense accounts; documentation ......................................................................................SB 54 Fiscal year; April 1-March 31; authorization - CA..........................................................HR 32 Former members; identification cards..............................................................................SB 220 General appropriations; FY 1991-92................................................................................HB 285 Georgia Aviation Hall of Fame; Board, members; Overview Committee, create...........................................................................................................HB 140 Georgia Children and Youth Overview Committee; create..........................................HB 302 Georgia Geographic Information System Study Committee; create...........................HR 183 Georgia Legislative Retirement System; increase allowance .......................................HB 552 Georgia Register Act; enact................................................................................................SB 379 Georgia's rivers; urge comprehensive assessment..........................................................HR 110 Governor's veto; three-day session for overriding...........................................................HR 21 House Resolution 8; amend ................................................................................................HR 81 Joint Legislative Commission on Future Strategies; create.........................................HB 169 Joint Session; Governor's message.......................................................................................HR 5 Joint Session; Governor's message .......................................................................................HR 8 Joint Session; Governor's message; invite Supreme Court Justices and Appeals Court Judges.................................................................................HR 6 Joint Session; message from Chief Justice of Supreme Court........................................HR 9 Joint Session; relative to inauguration of Governor..........................................................HR 4 Joint Session; 1996 Olympics in Atlanta; recognize persons responsible..............................................................................................................SR 6 Joint Steering Committee for the Georgia General Assembly's Conference on Teenage Homicides and Suicides; create..........................................HR 413 Legislative Retirement System; monthly service allowance.........................................HB 710
Legislative Services Committee; composition .................................................................SB 189
Lobbying; registration of representatives of state agencies ...........................................HB 20
Lobbying; registration of representatives of state agencies .........................................HB 268
Lobbying; registration of representatives of state agencies............................................SB 55
Local bill advertisements; affidavit by author ...............................................................HB 428

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2796

INDEX

GENERAL ASSEMBLY (Continued) Local bill advertisements; affidavit by author ................................................................SB 174 Local bills; intention to introduce; notice to governing authority ..............................HB 565 Members; full-time officials; salary supplement..........................................................HB 1043 Municipal elections; terms; change by local law............................................................HB 467 Notify Governor; General Assembly convened...................................................................SR 4 Oath; state court judge administer ..................................................................................HB 427 Quality Basic Education; certain officials and employees; serve as substitute teacher............................................................................................HB 625 Retirement Systems Standards Law; exemption.............................................................HB 34 Public retirement systems; introduction of bills; state auditor's certification .......................................................................................................HB 33 Revenue bills; originate in either House - CA..................................................................SR 13 Special facilities by Department of Human Resources; certain notification required.......................................................................................................HB 573 Standing committee chairmen; compensation..............................................................HB 1038 State agencies; certain programs; periodic review.........................................................HB 818 State Board of Education and state school superintendent; appointment - CA...........................................................................................................HR 525 State government; lobbyists; Hmitations.........................................................................HB 855 State and local government; public officials; stationery contain phone number ...................................................................................................HB 955 State officials; reports to General Assembly; method....................................................SB 176 Study Commission on Postsecondary Technical and Adult Education Finance; create .................................................................................................................SR 205 Supplemental appropriations; FY 1990-91 .......................................................................HB 85 Supplemental appropriations; FY 1990-91 .....................................................................HB 120 Supplemental appropriations; FY 1990-91 .....................................................................HB 284 Supplemental appropriations; FY 1991-92 .....................................................................HB 286 Transmittal of bills to Governor during session; veto messages; veto session - CA ............................................................................................................HR 598
GENERAL ELECTRIC COMPANY; commend.........................................................HR 393
GEO. L. SMITH II GEORGIA WORLD CONGRESS CENTER Add members.......................................................................................................................SB 100 Amend provisions ...............................................................................................................HB 928
GEOLOGISTS; board approved supervision; amend provisions...................................SB 188
GEORGE, MS. CINDY; commend ..................................................................................HR 427
GEORGIA AIR NATIONAL GUARD AND GEORGIA ARMY NATIONAL GUARD; Major General Joseph W. Griffin and Major General Jerry D. Sanders; commend.....................................................................HR 72
GEORGIA ASSOCIATION OF BLACK STATE COLLEGES; commend........HR 179
GEORGIA ASSOCIATION OF EDUCATORS RESTRUCTURING OF SCHOOL TASK FORCE; commend....................................................................HR 433
GEORGIA BUILDING AUTHORITY Former members of General Assembly; identification cards........................................SB 220 Real property; acquire for railroad operations...............................................................HB 578 "Steve Polk Plaza"; name and erect marker..................................................................HR 162
GEORGIA CITIZENS FOR THE ARTS; commend .................................................HR 120
GEORGIA COUNCIL ON AGING; commend............................................................HR 585
"GEORGIA COUNTY GOVERNMENT WEEK"; designate April 7-13, 1991 .....SR 174

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INDEX

2797

GEORGIA ETA CHAPTER OF SIGMA PHI EPSILON FRATERNITY; commend..............................................................................................HR 325
GEORGIA MOUNTAIN FAIR, INC., "OLE TIME FIDDLERS CONVENTION"; recognize as official state fiddlers convention.............................HR 233
GEORGIA RECREATION AND PARK ASSOCIATION; commend.................HR 217
GEORGIA RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL; commend ......................................................................................................HR 465
GEORGIA SCHOOL FOR THE DEAF; 1990 football team and coaches; commend ................................................................................................................HR 47
GEORGIA SOUTHERN UNIVERSITY FOOTBALL TEAM Invite to House ...................................................................................................................HR 152
GEORGIA STATE UNIVERSITY BASKETBALL TEAM; invite to House ...HR 489
GEORGIA TECH Division I NCAA National Football Champions.............................................................HR 20 Football Team and Coach Bobby Ross; invite to House .............................................HR 113
GEORGIA TREE FARM PROGRAM; commend......................................................HR 328
GEORGIA'S RIVERS; urge comprehensive assessment ..............................................HR 110
GILES, MS. JUDITH E.; condolences ...........................................................................HR 407
GILLIS, MAJOR GENERAL RICHARD F. Commend and invite to House; recognize Warner Robins Air Logistics Center on 50th anniversary..........................................................................HR 228
GILLIS, MRS. LAURA JEAN; condolences................................................................HR 138
GILMER COUNTY; Fannin and Gilmer counties; grant easement.............................HR 80
GINN, GROVER C.; commend...........................................................................................HR 63
GIRL SCOUT TROOPS SPONSORED BY TARA ELEMENTARY SCHOOL; commend..........................................................................................................HR 485
GIVENS, COACH CHARLIE; commend......................................................................HR 604
GLASCOCK COUNTY; board of commissioners; county obligations .......................HB 929
GLENNVILLE, CITY OF; mayor and council; terms.................................................HB 874
GODFREY, CHIEF WARRANT OFFICER GARY; condolences .........................HR 601
GOFF, JAMES R. "JIM BUCK", SR.; condolences...................................................HR 416
GORDON COUNTY; Calhoun-Gordon County Airport Authority Act; members.......................................................................................................................HB 819
GOVERNOR Budgets; long-term plans; cost-benefit reviews of programs........................................SB 410 Candidates for public office; expenditures; limitations ................................................HB 678 Communications ..................................................................................Pages 26, 27, 28, 30, 2732 Executive branch; certain agency subdivisions; name change procedure..........................................................................................................................HB 603 Georgia folklife; programs, archives, trust fund; provide.............................................HB 946 Georgia Prompt Payment Act; enact...............................................................................HB 450 Georgia Register Act; enact................................................................................................SB 379 Governor and Lieutenant Governor; one six-year term - CA........................................HR 17

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2798

INDEX

GOVERNOR (Continued) Governor's Committee on Regional Health Care Issues Affecting Grady Memorial Hospital; create.................................................................................HR 224 Governor's veto; three-day session for overriding - CA..................................................HR 21 House Resolution 8; amend ................................................................................................HR 81 Inauguration ........................................................................................................................Page 34 Joint Session; Governor's message .......................................................................................HR 5 Joint Session; Governor's message .......................................................................................HR 8 Joint Session; Governor's message; invite Supreme Court Justices and Appeals Court Judges .................................................................................HR 6 Joint Session; relative to inauguration of Governor.......,..................................................HR 4 Judicial Nominating Commission; provide .....................................................................HB 299 Judicial vacancies; Judicial Nominating Commission; provide assistance..........................................................................................................................HB 116 Notify Governor; General Assembly convened ...................................................................SR 4 Office of Planning and Budget director; member; State Financial and Investment Commission - CA ..............................................................SR 200 Public officials; vacancies in office; appointments ........................................................HB 235 Public Service Commission; governor appoint members - CA....................................HR 332 State Board of Education and state school superintendent; appointment - CA...........................................................................................................HR 525 Superior court judges; Governor appoint - CA................................................................HR 37 Transmittal of bills to Governor during session; veto messages; veto session - CA ............................................................................................................HR 598
GRAHAM, CITY OF; incorporate..................................................................................HB 1027
GRANT, REVEREND E. JAMES; commend..............................................................HR 553
GRANTS Full-tuition scholarship program; provide ......................................................................HB 515 Full-tuition scholarship program; provide .........................................................................SB 31 Hospital authorities; state grants for public health purposes .....................................HB 424 Scholarships; certain offices; promote programs ...........................................................HB 695 Scholarships, loans, grants, insuring of loans; certain military persons; General Assembly provide - CA....................................................................HR 399
GRAY, HONORABLE JOSEPH BOWIE; commend................................................HR 390
GRAY, JAMES T., JR.; recognize ...................................................................................HR 170
GRAY, MARY A.; commend .............................................................................................HR 560
GRAYSON, CITY OF; water authority; create..............................................................HB 975
GREENE, JACK; commend ..............................................................................................HR 593
GREENE, WILLIAM W., JR.; commend ......................................................................HR 139
GREER, THURMAN C. "TOM"; commend .................................................................HR 435
GRESHAM, HONORABLE WILLIAM J., JR.; resignation...................................Page 25
GRESHAM, MRS. EMMA RENE RHODES; commend ...........................................HR 59
GRIFFIN, CITY OF Disabled or elderly; homestead exemption......................................................................SB 361 Griffin-Spalding County Board of Education; compensation......................................HB 592 Griffin-Spalding County Personal Care Health Board; provide ..................................SB 362
GRIFFIN JUDICIAL CIRCUIT; add judge.................................................................SB 334
GRIFFIN, MRS. BETTY ANN; commend ...................................................................HR 594

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INDEX

2799

GROSS, RAYMOND; commend ......................................................................................HR 303
GUARDIAN AND WARD Guardians; incapacitated adults; emergency conditions...............................................HB 417 United States Department of Veterans Affairs; beneficiaries; guardians' compensation................................................................................................HB 760
GUNBY, ROBERT AND NORMA; fiftieth anniversary; commend........................HR 440
GWINNETT COUNTY Arts Facility Authority; create ..........................................................................................SB 327 Change organization of governing authority ...................................................................SB 413 County and school district; millage rate.........................................................................HB 663 County historian; amend provisions ................................................................................HB 926 Recorder's court; solicitor ..................................................................................................HB 967 Recreation authority; millage rate ...................................................................................HB 664
GWINNETT JUDICIAL CIRCUIT Addjudge.............................................................................................................................HB 360 Addjudge.............................................................................................................................HB 534

H

HAHIRA, CITY OF; commend; invite Mayor Jesse Parrott to House......................HR 234
HALL COUNTY Board of education; compensation...................................................................................HB 595 Civil service system; amend............................................................................................HB 1094
HALL, KEVIN; conunend....................................................................................................HR 48
HAMILTON, CITY OF; mayor's court; increase fine and sentence imposition............................................................................................................HB 866
HAMILTON, HONORABLE DEWAYNE; commend...............................................HR 470
HAMMOND GENERATING PLANT OF GEORGIA POWER COMPANY; commend...................................................................................HR 395
HANCOCK COUNTY Board of commissioners; compensation...........................................................................HB 951 Chief magistrate; compensation ..........................................................................................SB 63 Sparta-Hancock Public Facilities Authority; create....................................................HB 1014
HANDICAPPED PERSONS Cardiopulmonary resuscitation; candidate for nonresuscitation; procedures...........................................................................................................................SB 93 Disability beneficiaries; income limitations......................................................................HB 38 Disabled; right to be accompanied by service dog..........................................................HB 96 Driver's license; learner's permit at age 14; restrictions...............................................HB 247 Driver's license; vision requirements; bioptic telescope ..................................................SB 81 Georgians with Disabilities Act of 1991; enact..............................................................HB 834 House Facilities for Traumatic Brain Injured and Other Physically Debilitated Persons Study Committee; create..........................................HR 27 Medical records; access by long-term care ombudsman or Department of Human Resources..............................................................................SB 87 Mobility impaired persons and their service dogs; rights............................................HB 835
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2800

INDEX

HANDICAPPED PERSONS (Continued) Multifamily dwellings; specifications; handicapped persons........................................HB 522 Occupational disease claims; extend time for filing......................................................HB 406 Older Georgians' and Handicapped Transportation Task Force; create................................................................................................................................HR 457 Personal Attendant Care Program for Disabled Adults Act; provisions ......................SB 68 Retail stores; relative to price labels on shelves ............................................................HR 415 Self-sufficiency Trust Fund for Mentally Disabled Persons; create................................................................................................................................HB 689 Technology Related Assistance Trust Fund for Individuals with Disabilities - CA .....................................................................................................SR 146 Technology Related Assistance Trust Fund for Individuals with Disabilities and the Technology Related Assistance Trust Fund for Individuals with Disabilities Commission; enact..................................................SB 269 Voting booth; designation....................................................................................................HB 14
HANEY, LEE "MR. OLYMPIA"; commend................................................................HR 232
HAPEVILLE, CITY OF; commend; invite Mayor Roy Gibson to House ................HR 350
HARGUS, MS. WILMA G.; compensate........................................................................HR 107
HARLEM, CITY OF; mayor and council; terms............................................................SB 252
HARMON, CHRISTINE; invite to House.....................................................................HR 410
HARRELL, ALBERT MOORE, JR.; commend.................................,........................HR 483
HARRIS, MRS. EVELYN REDFERN; commend .....................................................HR 268
HARRIS, VIRGIL W. "WINK"; commend...................................................................HR 372
HARRISON, GEORGE HENDREE, JR.; commend .................................................HR 418
HART COUNTY LADY BULLDOGS BASKETBALL TEAM Invite to House...................................................................................................................HR 527
HAWKINSVILLE, CITY OF; new charter ....................................................................SB 454
HAZARDOUS SUBSTANCES Asbestos; private companies assisting state; liability insurance...................................SB 342 Biomedical waste thermal treatment technology facilities; moratorium .....................HR 31 Biomedical waste thermal treatment technology facility; prohibit; exception ..........................................................................................................................HB 381 Biomedical waste thermal treatment technology facility; prohibit permit.................................................................................................................................HB 82 Certain waste water discharge; phosphorus; limitation................................................HB 814 Hazardous substances; spills or releases; reporting........................................................SB 142 Hazardous waste facility; certain permits; prohibit....................................................HB 1092 Hazardous waste facility; near groundwater recharge area; prohibit .......................HB 1091 Hazardous Waste Management Act; definitions............................................................HB 652 Public Employee Hazardous Chemical Protection Right to Know Act; amend.......................................................................................................................HB 217 Railroad crossings; school buses and vehicles carrying hazardous materials; stop requirements.........................................................................................HB 791 Solid waste facility; near certain Georgia lakes; prohibit.............................................HB 784 Waste management; low-level radioactive waste; provisions .........................................HB723
HEAD, MYRTLE FITCH; commend.............................................................................HR 630
HEADQUARTERS, 265TH ENGINEER GROUP; Georgia National Guard; commend.................................................................................................................HR 254

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INDEX

2801

HEALTH Accident and sickness insurance; mammograms and Pap smears; coverage ............................................................................................................................HB 538 Acupuncturists; regulation..................................................................................................HB 88 Ambulance service; license requirement.............................................................................HB 5 Amend Code provisions .....................................................................................................HB 712 Anesthesiologists; supervise four physician's assistants ...............................................HB 214 Barbershops and schools; sanitary precautions; comply.............................................HB 1077 Biomedical waste thermal treatment technology facilities; moratorium .....................HR 31 Biomedical waste thermal treatment technology facility; prohibit; exception..........................................................................................................................HB 381 Biomedical waste thermal treatment technology facility; prohibit permit .................................................................................................................................HB 82 Birth and death certificates; amend provisions.............................................................HB 269 Birth certificates; amend provisions................................................................................HB 273 Boards of health; certain contracts; sealed bids and proposals...................................HB 821 Cardiopulmonary resuscitation; candidate for nonresuscitation; procedures...........................................................................................................................SB 93 Certain facilities; violations; actions by Department of Human Resources..........................................................................................................................SB 235 Clinical laboratories; definitions; include certain tissue banks .......................................HB 2 Clinical laboratories; request by chiropractors for examination of specimens ....................................................................................................................HB 328 Clinical social worker; involuntary emergency treatment certification; certain persons.......................................................................................HB 1068 Contact lenses; sales prohibitions .....................................................................................SB 299 Controlled substances; Schedule III; muscle growth drugs..........................................HB 179 Dentures; marking with social security number ..............................................................HB 26 Department of Human Resources; unmarked motor vehicles; exception ..................HB 812 Department of Medical Assistance; agency rules; applicability ................................HB 1069 Drug abuse treatment programs; priority to pregnant females...................................HB 276 Emergency medical personnel; certain recertification standards; delete .................................................................................................................................SB 365 Emergency medical services; intravenous fluids on vehicles; requirements.....................................................................................................................SB 284 Employees; certain family or medical leave ...................................................................HB 510 Employees; use of legal agricultural commodities; nonworking hours.......................HB 925 Georgia Basic Health Insurance Plan; enact..................................................................HB 642 Governor's Committee on Regional Health Care Issues Affecting Grady Memorial Hospital; create.................................................................................HR 224 Health and mental health; amend Code provisions ......................................................HB 716 Health care; indigent and elderly patients; ventilator assistance...............................HB 130 Health care providers; certain advertisement; deceptive .............................................HB 774 Health Policy Council, abolish; Health Strategies Council, create..............................SB 192 Hospital authorities; certain organizations; assistance..................................................SB 281 Hospital authorities; state grants for public health purposes.....................................HB 424 Hospitals; perfecting lien; time period.............................................................................SB 170 House Facilities for Traumatic Brain Injured and other Physically Debilitated Persons Study Committee; create .............................................................HR 27 House Study Committee on Physical Fitness and Amateur Sports; create ..............HR 540 Income tax credit; uncompensated indigent health care............................................HB 1083
Indian burial grounds, human remains, and burial objects; protection .....................HB 457
Indigent Care Trust Fund; contributions .......................................................................HB 482
Joint Children's Poison Protection Study Committee; create.....................................HR 190
Juvenile proceedings; probation and intake; transfer to Department of Human Resources.......................................................................................................SB 335
Living wills; certain conditions; withhold life-sustaining procedures.........................HB 968

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2802

INDEX

HEALTH (Continued) Local hospital authorities; projects in other areas; operate upon request.....................................................................................................................SB 294 Long-term care facilities; irrevocable letters of credit...................................................SB 186 Long-term care facilities; reports of abuse; certain immunity .....................................SB 212 Massage, State Board of; create .....................................................................................HB 1071 Massage therapists; registration; requirements............................................................HB 1070 Massage therapists; regulations ........................................................................................HB 192 Medicaid; enhance and improve program; urge Georgia Congressional delegation ...............................................................................................HR 189 Medical assistance; certain drugs; prior authorization and approval .........................HB 472 Medical Assistance Department; oversight of Department of Human Resources surveyors.........................................................................................HB 837 Medical consent; certain persons; authorization.............................................................SB 143 Medical records; access by long-term care ombudsman or Department of Human Resources .........................................................................................................SB 87 Mental health; amend provisions.....................................................................................HB 889 Nursing homes; certain sprinkler system; requirement.................................................SB 182 Nursing homes; deficiencies; notification requirements ................................................SB 213 Nursing homes; receivership; certain violations..............................................................SB 211 Peer review groups; review organization; redefine.........................................................HB 758 Personal Attendant Care Program for Disabled Adults Act; provisions ......................SB 68 Personal care homes; contested licenses; hearing officer..............................................HB 389 Personal care homes; evidence in mitigation and explanation..................................HB 1080 Radiation-generating equipment license, post bond; tanning facilities, provisions ........................................................................................................HB 894 Schools; smoking prohibitions ..........................................................................................HB 275 Simple and aggravated AIDS battery; provide for offenses; penalties.......................HB 910 Smoking; amend provisions...............................................................................................HB 728 Smoking in food establishments; prohibitions...............................................................HB 432 Sodomy and aggravated sodomy; amend Code provisions...........................................HB 491 Special facilities by Department of Human Resources; certain notification required.......................................................................................................HB 573 State Boxing and Wrestling Commission; create...............................................................HB 9 State Boxing and Wrestling Commission; create...........................................................HB 108 State health planning; amend provisions........................................................................HB 508 State health planning; amend provisions.........................................................................SB 209 State health planning; certificate of need; certain revocation .....................................HB 546 State health planning; change exemptions.....................................................................HB 617 Student with infectious disease; notify certain personnel............................................HB 741 Tags; prestige plates; licensed emergency medical technicians ...................................HB 838 Tanning facilities; provisions ............................................................................................HB 575 Technology Related Assistance Trust Fund for Individuals with Disabilities and the Technology Related Assistance Trust Fund for Individuals with Disabilities Commission; enact..................................................SB 269 Uncompensated medical care; limitation on liability...........,........................................HB 681 Vehicles transporting biohazardous waste; certain markings or placard on vehicles .........................................................................................................HB 886 Venereal disease; AIDS; reports; provisions ...................................................................HB 690 Vital records; confidentiality .............................................................................................SB 229 Workers' compensation; rehabilitation benefits; catastrophic injury .........................HB 815
HEALTH INSURANCE Accident and sickness insurance; administrators; licensing.........................................HB 776 Accident and sickness insurance; mail order pharmacies.............................................HB 279 Accident and sickness insurance; mammograms and Pap smears; coverage.............HB 538 Accident and sickness policies; coordination of benefits; notice.................................HB 325 Amend provisions ................................................................................................................SB 110

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2803

HEALTH INSURANCE (Continued) Benefits for certain district attorney personnel.............................................................HB 194 Certain coverage; repeal limitations ................................................................................HB 135 Fraternal benefit societies; extensively revise provisions .............................................HB 799 Georgia Basic Health Insurance Plan; enact..................................................................HB 642 Georgia Comprehensive Health Insurance Pool Act; enact .......................................HB 1085 Health care corporations; formation; revise provisions ................................................HB 400 Health care providers; certain advertisement; deceptive .............................................HB 774 Health Policy Council, abolish; Health Strategies Council, create..............................SB 192 House State Health Benefit Plan Pharmacy Program Study Committee; create...........................................................................................................HR 442 Income tax credit; certain employers; certain employee health coverage..................HB 944 Income tax; premiums; exclude........................................................................................HB 691 Insurers; certain rate changes; notify policyholders.........................................................SB 79 Multiple employer self-insured health plans; regulation..............................................HB 769 Peer review groups; review organization; redefine.........................................................HB 758 Regulation; amend Code....................................................................................................HB 775 State employees benefit plans; include certain nonprofit groups...............................HB 306 State employees; certain services; require coverage ......................................................HB 872 State employees insurance and benefits plans; certain service centers; inclusion.............................................................................................................HB 883 Teachers and public school employees; amend provisions............................................SB 190 Urge coverage of experimental prescription drugs........................................................HR 212
HEARD COUNTY; new board of commissioners; provide ..........................................HB 867
HEARING AND HEARING AIDS (Also, see Handicapped Persons) Georgians with Disabilities Act of 1991; enact ..............................................................HB 834 Hearing aid dealers and dispensers; Board composition; licenses ...............................SB 222 Mobility impaired persons and their service dogs; rights ............................................HB 835
HEARTSTEDT, EDMUND J.; compensate ...................................................................HR 42
HEFNER, TED C.; commend............................................................................................HR 130
HEMBREE, APRIL; commend ..........................................................................................HR 65
HEMPERLEY, MRS. RUTH RYNER; commend......................................................HR 437
HENDRIX, RONALD, SR.; commend...........................................................................HR 487
HENRY COUNTY Board of education; compensation.................................................................................HB 1012 Chief magistrate; compensation .....................................................................................HB 1015 Community improvement districts; create ...................................................................HB 1010 Coroner; expenses.............................................................................................................HB 1016
HENRY OSSIAN FLIPPER Commemorative postage stamp; urge issuance by Postmaster General....................HR 345 Commemorative postage stamp; urge issuance by Postmaster General.....................SR 201
HERNDON, PETE; condolences ......................................................................................HR 388
HEWATT, RONALD WAYNE, SR.; commend...........................................................HR 174
HIGGINS, MRS. SUE ADDISON; commend.............................................................HR 358
HIGH SCHOOL LEADERSHIP ROME PROGRAM; commend participants...HR 409
HIGHTOWER, MRS. ERIE BEAVERS; invite to House ........................................HR 542
HIGHWAYS, BRIDGES AND FERRIES Alcoholic beverage; open container in vehicle; prohibitions ........................................HB 651

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2804

INDEX

HIGHWAYS, BRIDGES AND FERRIES (Continued) Alcoholic beverages; open container while driving or passenger; prohibit.............................................................................................................................HB 254 Alcoholic beverages; open container while driving; prohibitions ..................................HB 11 Alcoholic beverages; open container while driving; prohibitions ...................................SB 52 Andersonville Prisoner of War Memorial Trail; designate ...........................................SR 213 Blue retroreflective pavement marker; prohibition; exception....................................HB 526 Bus shelters on public road rights of way; authorization..............................................SB 158 County tollway projects; contract with State Tollway Authority...............................HB 713 County tollway projects; contract with State Tollway Authority...............................HB 782 Elmer A. Dennard Highway; designate ...........................................................................HR 346 Flashing green lights, restrictions; county decal on tags, prohibitions; Purple Heart veterans, special plates...................................................SB 324 Eugene Talmadge Memorial Bridge; continuation of name; support........................HR 444 Insurance premium taxes; county proceeds; street improvement................................SB 372 Interlocutory hearings; compensation for property acquisition .....................................SB 88 J. P. Marshall Bypass; designate ........................................................................................SR 15 J. Truman Holmes Bridge; designate..............................................................................HR 380 Jimmy Lee Campbell Memorial Highway; designate....................................................HR 156 John T. McKenzie Bridge; designate ..............................................................................HR 318 Land use covenants; continuation.....................................................................................SB 133 Local option sales tax; additional projects.....................................................................HB 598 Lyle Jones Parkway; designate..........................................................................................SR 235 MARTA; alternative fuels plan; provide by January 1, 1992......................................HB 881 MARTA; annual report; filing, public notice, and certain listings.............................HB 658 MARTA; annual report; public notice ............................................................................HB 218 MARTA; certain reserve funds; change date.................................................................HB 221 MARTA; collective bargaining; neutral arbitrator ........................................................HB 738 MARTA; fact finders, arbitration, wage disputes; provisions......................................SB 300 MARTA; operating costs; use certain interest income .................................................HB 657 MARTA; police force; qualifications and powers; clarify.............................................HB 659 MARTA; prohibition of certain state funds; repeal......................................................HB 586 MARTA; security and police force; powers....................................................................HB 219 MARTA; state funds; eligibility to receive...................................................................HB 1060 Monorail people mover for the Buckhead area; urge United States funding for study ................................................................................................HR 597 Motor fuel taxes; provide and maintain mass transportation facilities - CA...................................................................................................................HR 161 Motor fuel taxes; refund to seller; compensation for collection..................................HB 570 Motor vehicle; projecting load; flag requirement...........................................................HB 568 Motor vehicle theft prevention program; establish.......................................................HB 807 Motor vehicles; radio, stereo, or other sound-making device; prohibitions......................................................................................................................HB 149 Nelson Mandela Freeway; designate .................................................................................HR 39 Private ways; maximum width; 30 feet...........................................................................HB 630 Property; public road purpose; wetland mitigation.......................................................HB 674 Railroad bridges; certain conditions; removal................................................................HB 778 Railroads; grade crossing elimination costs.....................................................................SB 286 Raymond G. Davis Medal of Honor Highway; designate .............................................SR 122 Roger E. James Bridge and J. Truman Holmes Bridge; designate.............................SR 233 "South Georgia Parkway"; designate Corridor Z...........................................................SR 180
State contracts; minority business participation...........................................................HB 230
State Public Transportation Fund; certain reserve fund expenditures.....................HB 808
Surface Transportation Reauthorization Act; urge United States passage ....................................................................................................................SR 98
"The Zell Miller Mountain Parkway"; designate..........................................................HR 283
Tom Arrendale, Jr., Intersection; designate.....................................................................HR 53

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2805

HIGHWAYS, BRIDGES AND FERRIES (Continued) Transportation projects; private entity contracts; authorize .....................................HB 1081 Uniform rules of the road; application to certain residential areas ...........................HB 671 Woody Glenn Highway; designate ...................................................................................HR 349
HIRING PRACTICES IN PUBLIC SCHOOL; urge investigation .......................HR 149
HISTORIC SITES (See Parks, Historic Areas and Commemorations)
HOGAN, COLUMBUS; condolences...............................................................................HR 301
HOGAN, RALPH; commend .............................................................................................HR 534
HOGANSVILLE, CITY OF; ad valorem school taxes; millage rate........................HB 1022
HOLLIMAN, JOHN E.; commend ..................................................................................HR 280
HOLLOWAY, LEILA D.; commend ...............................................................................HR 123
HOLLY SPRINGS, CITY OF; mayor and council; term ...........................................HB 386
HOLYFIELD, EVANDER; invite to House..................................................................HR 112
HOMERVILLE, CITY OF; council meetings, police court; revisions .....................HB 1049
HONORARY COMMANDERS ASSOCIATION; invite certain members to House..............................................................................................................HR 247
HOSPITALS AND HEALTH CARE FACILITIES Accident and sickness policies; coordination of benefits; notice.................................HB 325 Certain violations; actions by Department of Human Resources................................SB 235 Cardiopulmonary resuscitation; candidate for nonresuscitation; procedures...........................................................................................................................SB 93 Death investigations; autopsy and limited dissection; redefine ...................................SB 322 Death investigations; certain requirements ....................................................................HB 520 Death investigations; certain requirements ....................................................................HB 673 Department of Medical Assistance; agency rules; applicability ................................HB 1069 Emergency medical services; intravenous fluids on vehicles; requirements.....................................................................................................................SB 284 Firearms; license to carry; amend provisions ....................................................................SB 45 Georgia Comprehensive Health Insurance Pool Act; enact .......................................HB 1085 Governor's Committee on Regional Health Care Issues Affecting Grady Memorial Hospital; create.................................................................................HR 224 Health; amend Code provisions........................................................................................HB 712 Health care corporations; formation; revise provisions ................................................HB 400 Hospital authorities; certain organizations; assistance ..................................................SB 281 Indigent and elderly patients; ventilator assistance......................................................HB 130 Insurance regulation; amend Code...................................................................................HB 775 Joint Regional Hospital Study Committee; create........................................................HR 289 Living wills; certain conditions; withhold life-sustaining procedures.........................HB 968 Local hospital authorities; projects in other areas; operate upon request.......................................................................................................SB 294 Massage, State Board of; create .....................................................................................HB 1071 Massage therapists; registration; requirements............................................................HB 1070 Massage therapists; regulations........................................................................................HB 192 Nursing homes; deficiencies; notification requirements................................................SB 213 Nursing homes; receivership; certain violations..............................................................SB 211 Peer review groups; review organization; redefine.........................................................HB 758 Perfecting lien; time period ...............................................................................................SB 170 State health planning; amend provisions........................................................................HB 508 State health planning; amend provisions.........................................................................SB 209

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2806

INDEX

HOSPITALS AND HEALTH CARE FACILITIES (Continued) State health planning; certificate of need; certain revocation.....................................HB 546 State health planning; change exemptions .....................................................................HB 617 Venereal disease; AIDS; reports; provisions ...................................................................HB 690 Workers' compensation; rehabilitation benefits; catastrophic injury .........................HB 815
HOTELS AND MOTELS; excise tax; public accommodations; nonprofit organizations........................................................................................................HB 57
HOUSE INTERN PROGRAM OF 1991; students and coordinator; commend...HR 559
HOUSE OF REPRESENTATIVES Albany Day at Capitol; February 25, 1991; invite representatives toHouse...........................................................................................................................HR 187 Alford, Honorable Dean; absence from session; father's illness..............................Page 1027 Appointment of Sergeant-at-Arms ..................................................................................Page 12 Atlanta Red Cross; invite representative to House.......................................................HR 334 Bamford, Dr. Sophia Boyd; 1990 Mother of the Year; invite to House ....................HR 227 Bremen High School 1990 baseball team; invite to House..........................................HR 316 Cairo High School Syrupmakers football team; invite to House................................HR 136 Chambless, Honorable Tommy; oath of office.................................................................Page 9 Clerk of the House and Secretary of the Senate; succession to office.......................HB 173 College Park, City of; commend; invite Mayor T. Owen Smith to House ................HR 351 Crawford, Honorable John G.; resignation.....................................................................Page 27 Crisp Academy "Wildcats" boys basketball team; invite to House............................HR 513 Dundee Mills, Inc.; Griffin Technical Institute; invite to House................................HR 445 Election of Clerk.................................................................................................................Page 10 Election of Doorkeeper ......................................................................................................Page 12 Election of Messenger........................................................................................................Page 11 Election of Speaker..............................................................................................................Page 9 Election of Speaker Pro Tempore ...................................................................................Page 11 Electric membership corporations; urge study by Public Services and Utilities Subcommittee of House Industry Committee....................................HR 471 Eugene Talmadge Memorial Bridge; continuation of name; support........................HR 444 Fielding, Trooper First Class Henry W. "Hank", Jr.; invite to House......................HR 381 Fifth Annual Georgia Peach Festival; invite representative to House.......................HR 383 General Assembly; certain committees; subpoena powers.............................................HB 59 General Assembly; expense accounts; documentation..................................................HB 119 General Assembly; expense accounts; documentation.....................................................SB 54 General Assembly; identification cards; former members.............................................SB 220 General Assembly members; full-time officials; salary supplement .........................HB 1043 General Assembly; oath; state court judge administer.................................................HB 427 General Assembly; standing committee chairmen; compensation ............................HB 1038 Georgia Southern University Head Coach Tim Stowers; invite to House ................HR 153 Georgia Southern University football team; invite to House ......................................HR 152 Georgia Tech football team and coach Bobby Ross; invite to House........................HR 113 Gresham, Honorable William J., Jr.; resignation..........................................................Page 26 Hahira, City of; commend; invite Mayor Jesse Parrott to House..............................HR 234 Hapeville, City of; commend; invite Mayor Roy Gibson to House ............................HR 350 Hightower, Mrs. Erie Beavers; invite to House.............................................................HR 542 Holyfield, Evander; invite to House................................................................................HR 112 Honorary Commanders Association; invite certain members to House.....................HR 247 House Resolution 8; amend ................................................................................................HR 81 Hyder, Nick Coach; Valdosta High School football team; invite to House ..............HR 164 Jackson, Mayor Maynard; invite to House.....................................................................HR 335 Johnson, General Hansford T.; invite to House............................................................HR 246 Joint Session; Governor's message.......................................................................................HR 5 Joint Session; Governor's message .......................................................................................HR 8

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2807

HOUSE OF REPRESENTATIVES (Continued) Joint Session; Governor's message; invite Supreme Court Justices and Appeals Court Judges .................................................................................HR 6 Joint Session; message from Chief Justice of Supreme Court ........................................HR 9 Joint Session; relative to inauguration of Governor..........................................................HR 4 Joint Session; 1996 Olympics in Atlanta; recognize persons responsible .......................SR 6 Jones County High School Lady Hounds Softball team; invite to House ................HR 236 Justice, Dave Christopher; invite to House....................................................................HR 262 Lincoln County High School Lady Red Devils; softball team; invite to House................................................................................................................HR 382 Lincoln County High School Red Devils football team; invite to House ..................HR 292 McEachern High School wrestling team and coaches; invite to House.....................HR 370 Members-elect; communication from Secretary of State ...............................................Page 1 Members-elect; oath of office .............................................................................................Page 8 Morrow High School girls' basketball team and coaches; invite to House ...............HR 511 Notify House; Senate convened ............................................................................................SR 2 Notify Senate; House convened ...........................................................................................HR 1 Oath of Clerk ......................................................................................................................Page 10 Public Utilities' Promotional Practices Study Subcommittee; direct House Industry Committee to create...............................................................HR 317 Reinhardt College Choir; invite to House.......................................................................HR 331 Relative to officials, employees, and committees ..............................................................HR 3 Robinson, Honorable Lee; Cherry Blossom Festival committee members; invite to House..............................................................................................HR 410 Rules; adopt.............................................................................................................................HR 2 Rules; amend.........................................................................................................................HR 44 Rules; amend.........................................................................................................................HR 45 Rules; amend.......................................................................................................................HR 135 Rules; amend .......................................................................................................................HR 343 Rules; amend.......................................................................................................................HR 344 Savannah Saint Patrick's Day Parade and Festivities; recognize and invite certain representatives to House...............................................................HR 400 Scott, Brigadier General Terry; invite to House ...........................................................HR 584 Speaker and Lieutenant Governor; limit terms of office - CA....................................HR 209 Silver-Haired Legislature; commend and invite officers to House...............................HR 43 Statesboro High School basketball team and coaches; invite to House ....................HR 512 Tattnall Square Academy Trojans football team and coaches; invite to House................................................................................................................HR 458 Transmittal of bills to Governor during session; veto messages; veto session - CA ............................................................................................................HR 598 Walker, Private First Class Charles Scott; condolences; invite family to House ...................................................................................................HR 293 Warner Robins Air Logistics Center, recognize; Major General R. F. Gillis, invite to House ..........................................................................................HR 228
HOUSING (See Buildings and Housing)
HOUSTON, CHARLES HAMILTON; commend.......................................................HR 273
HOUSTON COUNTY Board of commissioners; provisions.................................................................................HB 700 Grant easement...................................................................................................................HR 160
HOWELL, DR. WILLIAM B.; commend ......................................................................HR 169
HUMAN RESOURCES, DEPARTMENT OF Abortions; informed consent ...........................................................................................HB 1062 Act defining incorrigible child; change effective date to July 1, 1992 .......................HB 560 Adoption petitions; requirements.....................................................................................HB 604

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2808

INDEX

HUMAN RESOURCES, DEPARTMENT OF (Continued) Birth certificates; amend provisions................................................................................HB 273 Boards of health; certain contracts; sealed bids and proposals...................................HB 821 Certain facilities; violations; actions.................................................................................SB 235 Child placement; Division of Family and Children Services; periodic reviews...............................................................................................................HB 662 Child support provisions; amend Code ...........................................................................HB 547 Children and Youth Overview Committee; create..........................................................SB 105 Clinical laboratories; definitions; include certain tissue banks.......................................HB 2 Demonstration family resource center program; create..............................................HB 1074 Department of Medical Assistance; agency rules; applicability................................HB 1069 Drug abuse treatment programs; priority to pregnant females...................................HB 276 Emergency medical services; intravenous fluids on vehicles; requirements.....................................................................................................................SB 284 Health; amend Code provisions........................................................................................HB 712 Health and mental health; amend Code provisions ......................................................HB 716 Health Policy Council, abolish; Health Strategies Council, create..............................SB 192 House Facilities for Traumatic Brain Injured or Other Physically Debilitated Persons Study Committee; create.............................................................HR 27 House Nursing Home Regulation and Inspection Study Committee; create............HR 539 Joint Study Committee on Children and Youth; create.................................................SR 72 Juvenile justice services; local provision; incentives ......................................................SB 378 Juvenile proceedings; probation and intake; transfer to Department of Human Resources.......................................................................................................SB 335 Juvenile proceedings; traffic offenses under age 17; exceptions..................................HB 785 Long-term care facilities; irrevocable letters of credit...................................................SB 186 Long-term care facilities; reports of abuse; certain immunity .....................................SB 212 Medicaid; enhance and improve program; urge Georgia Congressional delegation.........................................................................................................................HR 189 Medical Assistance Department; oversight of Department of Human Resources surveyors.........................................................................................HB 837 Medical records; access by long-term care ombudsman or Department of Human Resources.........................................................................................................SB 87 Mental health; amend provisions .....................................................................................HB 889 Motor vehicles; unmarked; exception..............................................................................HB 812 Nursing homes; deficiencies; notification requirements................................................SB 213 Nursing homes; receivership; certain violations..............................................................SB 211 Personal Attendant Care Program for Disabled Adults Act; provisions ......................SB 68 Personal care homes; evidence in mitigation and explanation..................................HB 1080 Special facilities; certain notification required ..............................................................HB 573 State health planning; amend provisions........................................................................HB 508 State health planning; amend provisions.........................................................................SB 209 State health planning; certificate of need; certain revocation.....................................HB 546 State health planning; change exemptions.....................................................................HB 617 Student with infectious disease; notify certain personnel............................................HB 741 Technology Related Assistance Trust Fund for Individuals with Disabilities and the Technology Related Assistance Trust Fund for Individuals with Disabilities Commission; enact..................................................SB 269 Termination of parental rights; copies of orders .............................................................HB 29 Thomson Work Unit staff; commend..............................................................................HR 263 Venereal disease; AIDS; reports; provisions...................................................................HB 690 Youth development centers; decision making; provisions..........................................HB 1075
HUNTING (Also, see Game and Fish) Game and fish; nonresident salt-water fishing license; trafficking in bears or bear parts; pet ferret ...............................................................SB 374 Hunting and fishing license agents; self-insurance fund; defalcation........................................................................................................................HB 708

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2809

HUNTING (Also, see Game and Fish) (Continued) Killing wildlife at night; condemnation of property; official use................................HB 811 Natural Resources Department; volunteer service programs; establish and operate ......................................................................................................SB 272 Property posted against hunting; mark trees with royal purple paint ......................HB 745

INCOME TAX Capital gains adjustment...................................................................................................HB 456 Certain military service income; exclude ........................................................................HB 485 Certain taxpayers; increase personal exemption..........................................................HB 1048 Corporations; certain foreign income; taxable................................................................HB 339 Credit; certain businesses in certain counties ................................................................HB 489 Credit; certain employers; certain employee health coverage......................................HB 944 Credit; employers providing basic skills education .......................................................HB 263 Credit; low-income residents; sales tax exemption for certain food, repeal.............................................................................................................HB 1 Credit; motor vehicle conversion....................................................................................HB 1029 Credit; uncompensated indigent health care................................................................HB 1083 Exemption; certain corporations ......................................................................................HB 650 Georgia Public Revenue Code; revise provisions ...........................................................HB 335 Health insurance premiums; exclude...............................................................................HB 691 Local income tax; election to impose; provisions...........................................................HB 623 Monthly and quarterly withholding returns; amend.....................................................HB 413 Public retirement systems; increase benefits to offset taxation....................................HB 35 Retirement income; increase exclusion............................................................................HB 779 Retirement Systems Standards Law; exemption.............................................................HB 34 Return; active military duty; extend time for filing .....................................................HB 600 Taxable net income; exclusion for certain retirement income ..................................HB 1000 Time of payment................................................................................................................HB 338
INDEMNIFICATION Certain public employees; $100,000 .................................................................................HB 705 Emergency management rescue specialist......................................................................HB 238 Limited partnership; indemnification; provisions..........................................................HB 739 Local governments; officers and employees; defenses ...................................................SB 279 Time limit for filing application; certain Public Service Commission personnel, eligibility.................................................................................HB 454
INDIGENT (See Social Services)
INDUSTRY, TRADE AND TOURISM, DEPARTMENT OF; local welcome centers; state funding..........................................................................................SB 357
INSURANCE Accident and sickness insurance; mail order pharmacies.............................................HB 279 Accident and sickness insurance; mammograms and Pap smears; coverage.............HB 538 Accident and sickness insurance; reimbursements for certain service .......................HB 228 Accident and sickness policies; coordination of benefits; notice .................................HB 325 Administrators; licensing ...................................................................................................HB 776 Amend Code........................................................................................................................HB 509 Amend Code........................................................................................................................HB 775 Asbestos; private companies assisting state; liability.....................................................SB 342 Automobile insurance; safety equipment; provisions ....................................................HB 735
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2810

INDEX

INSURANCE (Continued) Certain policies; payments; change interest rate...........................................................HB 845 Claimant's request; insurer's failure to comply; sanctions...........................................HB 347 Commissioner; financial regulatory capabilities; powers ...............................................SB 347 Consumer Auto Insurance Affordability Act of 1991; enact..........................................HB 91 Corporations; insurable interest in certain employees; clarification ...........................SB 154 Counties and municipalities; investment of certain funds...........................................HB 602 Credit life insurance; applicability...................................................................................HB 906
Fraternal benefit societies; extensively revise provisions.............................................HB 799 Georgia Basic Health Insurance Plan; enact..................................................................HB 642 Georgia Comprehensive Health Insurance Pool Act; enact.......................................HB 1085
Group accident and sickness insurance; notice of nonrenewal....................................HB 905 Guaranteed arrest bond certificate; increase amount...................................................HB 387
Health care corporations; formation; revise provisions ................................................HB 400 Health insurance; certain coverage; repeal limitations.................................................HB 135
Health insurance; urge coverage of experimental prescription drugs ........................HR 212 House State Health Benefit Plan Pharmacy Program Study
Committee; create...........................................................................................................HR 442
Hunting, fishing, and trapping license agents; self-insurance fund; defalcation.............................................................................................................HB 708
Income tax; health insurance premiums; exclude..........................................................HB 691 Insurable interest; charitable institution; life of donor................................................HB 903
Insurers; certain rate changes; notify policyholders.........................................................SB 79 Interlocal risk management agencies; certain participation.........................................HB 344 Motor vehicle insurance; comprehensively revise..........................................................HB 314
Motor vehicle insurance; comprehensively revise...........................................................SB 110 Motor vehicle insurance; defensive drivers and honor students;
discount............................................................................................................................HB 145
Motor vehicle insurance; medical expenses; dollar amount...........................................HB 17 Motor vehicle insurance; new policy reports to Department
of Public Safety...............................................................................................................HB 645
Motor vehicle insurance; notice of cancellation.............................................................HB 352 Motor vehicle insurance; notice of claim by injured party..........................................HB 128
Motor vehicle insurance; surcharge; prohibition............................................................HB 433 Motor vehicle operation; certain insurance requirement............................................HB 1061
Motor vehicle service agreement companies; regulate................................................HB 1090 Motor vehicles; total loss settlement; title......................................................................HB 494 Multiple employer self-insured health plans; regulation..............................................HB 769
Peer review groups; review organization; redefine.........................................................HB 758 Insurance premium taxes; county proceeds; street improvement................................SB 372
Public adjusters; prohibitions............................................................................................SB 309 Serious injury; definition.....................................................................................................HB 90 State employees benefit plans; include certain nonprofit groups...............................HB 306
Teachers and public school employees; health insurance; amend provisions..........................................................................................................................SB 190
Unauthorized insurer; action against; service of process..............................................HB 902 Unfair trade practice; certain advertising.......................................................................HB 904
Uninsured motor vehicle insurance; stacking of coverage................................................HB 6 Uninsured motor vehicle insurance; stacking of coverage..............................................HB 89
Workers' compensation; action against third-party tort-feasors.................................HB 144 Workers' Compensation Board; certain filing requirements........................................HB 117 Workers' compensation; certain nonprofit groups; coverage .......................................HB 307
Workers' compensation; certain volunteers; coverage...................................................HB 291 Workers' compensation; definition of employee; exclude
certain volunteers .........................................................................................................HB 1001
Workers' compensation; employer's failure to pay; penalty........................................HB 550 Workers' compensation; injured employees; designated physician;
provisions.........................................................................................................................HB 349

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2811

INSURANCE (Continued) Workers' compensation; interlocal risk management agencies; certain participation .......................................................................................................HB 344 Workers' compensation; Joint Workers' Compensation Study Committee; create...........................................................................................................HR 182 Workers' compensation; Joint Workers' Compensation Task Force; create .............HR 290 Workers' compensation; occupational disease; claim; extend time forfiling............................................................................................................................HB 406 Workers' compensation; owner-operator of certain equipment; independent contractor..................................................................................................HB 773 Workers' compensation; rehabilitation benefits; catastrophic injury .........................HB 815 Workers' compensation; revise provisions ....................................................................HB 1082 Workers' compensation; rights of employees .................................................................HB 407 Workers' compensation; self-insurers; certain authorization to participate ...................................................................................................................HB 343 Workers' compensation; self-insurers; expand definition of county ...........................HB 533 Workers' compensation; senior administrative law judges; appoint............................SB 323 Workers' compensation; subrogation of employer's rights...........................................HB 222
INTANGIBLES TAX; certain property; increase tax rates ........................................HB 545
INTEREST AND USURY Certain insurance policies; payments; change interest rate.........................................HB 845 Real estate brokers and salespersons; trust accounts; interest-bearing .............................................................................................................HB 1002
INTERIOR DESIGNERS; State Board of Registration; create .................................SB 168
IRWIN COUNTY; board of commissioners; certain contracts ....................................HB 885

J. CARRELL LARMORE PROBATION DETENTION CENTER Designate.............................................................................................................................HR 155
J. E. BROWN HIGH SCHOOL JAGUARS FOOTBALL TEAM; commend....HR 612
J. P. MARSHALL BYPASS; designate............................................................................SR 15
J. TRUMAN HOLMES Bridge and Roger E. James Bridge; designate................................................................SR 233 Bridge; designate.................................................................................................................HR 380
J. W. ARNOLD ELEMENTARY SCHOOL; commend............................................HR 250
JACKSON COUNTY; board of commissioners; vacancy.............................................HB 397
JACKSON, JAMES AUSTIN; commend .....................................................................HR 591
JACKSON, MAYOR MAYNARD; invite to House ...................................................HR 335
JACKSON, REVEREND ELIZAH, SR.; commend...................................................HR 520
JACOBS, HARRY M.; commend.....................................................................................HR 482
JAILS Certain conditions; dispatcher serve as jailer.................................................................HB 487 Detention facilities; certain municipalities; dispatcher serve as jailer ...................................................................................................................HB 731
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2812

INDEX

JAILS (Continued) Detention facilities; escape; felony offense....................................................................,HB 566 Inmates with infectious disease; notify agency transporting.......................................HB 288 Inmates with infectious disease or HIV infected; notification.....................................SB 128 Inpatient because of insanity plea; release hearing.......................................................HB 469 Law enforcement agencies; use of deadly force to prevent escapes or apprehend escapees ........................................................................,..........................HB 186 Municipalities; inmates; responsibility ............................................................................HB 502 Penal institutions; uniform drug testing; provisions...................................................HB 1066 Prison inmates or personnel; random drug testing .......................................................HB 248
JAMES EARL CARTER, JR. TRIBUTE COMMISSION; create ......................HR 402
JAMES, NAOMI; commend..............................................................................................HR 535
JARRETT, FORREST E.; commend..............................................................................HR 510
JASPER COUNTY; economic development authority; create .....................................SB 223
JEFFERY, MS. MINNIE MAE; condolences.................................................................HR 94
JESSUP, HONORABLE BEN; assistant doorkeepers of House; commend ...........HR 588
JIMMY LEE CAMPBELL MEMORIAL HIGHWAY; designate.........................HR 156
JOHN T. MCKENZIE BRIDGE; designate.................................................................HR 318
JOHNS, TIFFANY; commend..........................................................................................HR 125
JOHNSON, CASEY AND LEIGH PARKMAN; commend....................................HR 621
JOHNSON COUNTY; magistrate court; library fees...................................................HB 733
JOHNSON, GENERAL HANSFORD T.; invite to House .......................................HR 246
JOHNSTONE, LIEUTENANT COLONEL BRIAN; support...............................HR 330
JONES COUNTY HIGH SCHOOL LADY HOUNDS SOFTBALL TEAM; invite to House...........................................................................HR 236
JUDD, NAOMI AND WYNONNA; commend............................................................HR 589
JUDGES Bailable offenses; superior court judge; delegate authority to other judges.................................................................................................................HB 875 Civil practice; continuances; party in armed forces .......................................................SB 238 Council of Juvenile Court Judges; membership.............................................................HB 199 Council of Special Court Judges; create..........................................................................HB 162 Employees' Retirement System; certain judicial employees; membership................HB 588 Family violence offense; additional conditions of bail; authorize...............................HB 448 Former district attorneys; retain membership in District Attorneys' Retirement System......................................................................................HB 801 Judges of the Probate Courts Retirement; add Board member.....................................SB 46 Judicial Nominating Commission; provide.....................................................................HB 299 Judicial vacancies; Judicial Nominating Commission; provide assistance..............,..HB 116 Juvenile court; senior judge; create office.......................................................................HB 572 Probate court judges; nonpartisan election ....................................................................HB 211 Probate court judges; nonpartisan election - CA...........................................................HR 102 Probate court judges; nonpartisan election; qualifying...................................................SB 62 Probate court judges; office hours; exception .................................................................SB 291 Probate courts; automated record keeping; increase costs...........................................HB 537 Retirement; Appeals Court Judges and Supreme Court Justices; forfeit benefits after certain age; exceptions ...............................................................SB 153

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INDEX

2813

JUDGES (Continued) Sentence review panel; repeal certain provisions ............................................................HB 83 Superior court judges; appointment ................................................................................HB 239 Superior court judges; election ...........................................................................................HB 99 Superior Court Judges Retirement; certain postretirement benefits .........................HB 483 Superior Court Judges Retirement; creditable service .................................................HB 183 Superior Court Judges Retirement; disability; judge may become senior judge......................................................................................................................HB 429 Superior Court Judges Retirement; mandatory retirement age; delete .....................HB 478 Superior courts; chief judge; repeal Act providing........................................................HB 718 Superior courts; closed circuit television criminal hearings; judges implement............................................................................................................HB 878 Superior courts; request senior judge; consent of counsel............................................HB 680 Superior courts; single-member districts; residency requirements...............................HB 98 Superior courts; terms of office - CA................................................................................HR 77 Trial Judges and Solicitors Retirement; senior judge or district attorney emeritus..............................................................................................HB 900 Workers' compensation; senior administrative law judges; appoint............................SB 323
JUDGMENTS; actions for damages; dollar amount........................................................HB 70
JUDICIAL CIRCUITS Atlanta Judicial Circuit; add judge..................................................................................HB 516 Blue Ridge and Gwinnett Judicial Circuits; add judge................................................HB 360 Blue Ridge Judicial Circuit; add judge............................................................................SB 364 Brunswick Judicial Circuit; add judge..........................................................................HB 1030 Brunswick Judicial Circuit; add judge .............................................................................SB 314 Cobb Judicial Circuit; add judge......................................................................................HB 669 Cobb Judicial Circuit; district attorney, assistants, investigators; compensation...................................................................................................................HB 960 Cobb Judicial Circuit; judges; supplement......................................................................SB 371 Conasauga Judicial Circuit; add judge............................................................................HB 672 Griffin Judicial Circuit; add judge....................................................................................SB 334 Gwinnett Judicial Circuit; add judge ..............................................................................HB 534 Lookout Mountain Judicial Circuit; add employees...................................................HB 1084 Lookout Mountain Judicial Circuit; add judge..............................................................HB 354 Northeastern Judicial Circuit; add judge........................................................................HB 939 Ogeechee Judicial Circuit; add judge...............................................................................HB 958 Rockdale Judicial Circuit; add judge...............................................................................HB 398 Rockdale Judicial Circuit; add judge................................................................................SB 127 South Georgia Judicial Circuit; add judge......................................................................HB 345 Special judicial circuits; investigative grand juries, trial juries, courts and personnel - CA.................................................................................HR 260 Special judicial circuits; investigative grand juries, trial juries, courts and personnel - CA...................................................................................SR 70 Stone Mountain Judicial Circuit; add judge ...................................................................SB 301 Tallapoosa Judicial Circuit; add assistant district attorney........................................HB 493 Tallapoosa Judicial Circuit; judges and district attorney; supplement......................HB 947 Tallapoosa Judicial Circuit; terms...................................................................................HB 374
JURIES Bailiff and juror fees; assess convicted defendants.......................................................HB 141 Felony; trial upon accusations; waive grand jury indictment......................................HB 496 Impanel additional grand jurors; district attorney's request..........................................SB 85 Jury list compilation; include motor vehicle registrants ................................................HB 10 Jury list for commercial purposes; prohibit...................................................................HB 308 Public Safety Department; furnish certain list................................................................HB 21

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2814

INDEX

JURIES (Continued) Special judicial circuits; investigative grand juries, trial juries, courts and personnel - CA.................................................................................HR 260 Special judicial circuits; investigative grand juries, trial juries, courts and personnel - CA...................................................................................SR 70
JURISDICTION AND VENUE; transfer of indictment and accusation................HB 847
JUSTICE, DAVE CHRISTOPHER; invite to House ................................................HR 262
JUVENILE PROCEEDINGS Act defining incorrigible child; change effective date to July 1, 1992 .......................HB 560 Certain records; inspection................................................................................................HB 683 Children and Youth Coordinating Council; create.........................................................SB 370 Children; certain cases; provide legal counsel ................................................................HB 180 Children in foster care; periodic reviews.........................................................................HB 662 Children in foster care; periodic reviews .........................................................................SB 315 Council of Juvenile Court Judges; membership.............................................................HB 199 Delinquency hearings; open to public ..............................................................................SB 260 Deprived child; foster care; periodic reviews..................................................................HB 519 Designated felony; drug trafficking....................................................................................HB 87 Georgia Children and Youth Overview Committee; create..........................................HB 302 Joint Steering Committee for the Georgia General Assembly's Conference on Teenage Homicides and Suicides; create..........................................HR 413 Jurisdiction; prohibit for certain crimes .........................................................................HB 212 Juvenile court; senior judge; create office.......................................................................HB 572 Juvenile court; transferred case; death penalty prohibition ........................................HB 155 Juvenile justice services; local provision; incentives ......................................................SB 378 Juveniles awaiting adjudication; restraints on freedom; revise ....................................SB 283 Parental rights; amend Code ..........................................................................................HB 1076 Paternity determination; juvenile court jurisdiction; certain cases ..........................HB 1072 Probation and intake; transfer to Department of Human Resources.........................SB 335 Traffic offenses under age 17; exceptions.......................................................................HB 785 Youth development centers; decision making; provisions ..........................................HB 1075

K

KEENE, WINDELLE H.; condolences ...........................................................................HR 404 KELLY, WOODROW; commend .....................................................................................HR 258 KENNEDY, TROOPER FIRST CLASS JOHNNY E.; commend........................HR 305 KENNESAW, CITY OF; corporate limits......................................................................HB 890 KERSEY, SGT. GERALD; commend.............................................................................HR 140 KESLER, DAVID ROSS; commend...............................................................................HR 175 KEYSVILLE, CITY OF; new charter..............................................................................SB 359 KINGSLAND, CITY OF
City manager; amend mandatory provisions..................................................................HB 971 Corporate limits ..................................................................................................................HB 916 Kingsland Area Convention and Visitors Bureau Authority; create ..........................HB 915 KINGSLAND LABOR DAY CATFISH FESTIVAL; commend ..........................HR 634
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2815

KUSTICK, MS. RONDA BOWE; commend................................................................HR 278

LABOR AND INDUSTRIAL RELATIONS Collective bargaining; factfinder; recommendations .....................................................HB 636 Department of Natural Resources; unclassified hourly employees; selection............................................................................................................................HB 938 Department of Natural Resources; volunteer service programs; establish and operate ......................................................................................................SB 272 Elevators, dumbwaiters, escalators, manlifts, and moving walks; boilers and pressure vessels; carnival rides; inspection ............................................HB 439 Employees; certain family or medical leave ...................................................................HB 510 Employees; use of legal agricultural commodities; nonworking hours .......................HB 925 Employment Security Law; amend Code........................................................................HB 303 Equal Employment Opportunity Act; enact...................................................................HB 153 Income tax credit; certain employers; certain employee health coverage..................HB 944 Income tax credit; employers providing basic skills education ...................................HB 263 Joint Workers' Compensation Study Committee; create .............................................HR 182 Joint Workers' Compensation Task Force; create.........................................................HR 290 Labor Department; Employment Security; appropriation.............................................HB 84 Local boards of education; certain written employment contracts.............................HB 719 Merit system; permanent employees; adverse actions...................................................SB 106 Minors; working hours; prohibitions................................................................................HB 368 Public Employees Relations Act of 1991; enact.............................................................HB 862 Public employment announcements; posting date........................................................HB 591 Smoking; amend provisions...............................................................................................HB 728 State contracts; prohibitions; person, firm, or corporation convicted of discrimination ...........................................................................................HB 304 Workers' compensation; action against third-party tort-feasors.................................HB 144 Workers' Compensation Board; certain filing requirements........................................HB 117 Workers' compensation; certain nonprofit groups; coverage .......................................HB 307 Workers' compensation; certain volunteers; coverage...................................................HB 291 Workers' compensation; definition of employee; exclude certain volunteers.......................................................................................................................HB 1001 Workers' compensation; employer's failure to pay; penalty ........................................HB 550 Workers' compensation; injured employees; designated physician.............................HB 349 Workers' compensation; interlocal risk management agencies; certain participation .......................................................................................................HB 344 Workers' compensation; occupational disease; extend time for filing claim.................................................................................................................HB 406 Workers' compensation; owner-operator of certain equipmment; independent contractor..................................................................................................HB 773 Workers' compensation; rehabilitation benefits; catastrophic injury .........................HB 815 Workers' compensation; revise provisions ....................................................................HB 1082 Workers' compensation; rights of employees .................................................................HB 407 Workers' compensation; self-insurers; expand definition of county ...........................HB 533 Workers' compensation; self-insurers; independent school system; authority to participate..................................................................................................HB 343 Workers' compensation; senior administrative law judges; appoint............................SB 323 Workers' compensation; subrogation of employer's rights ...........................................HB 222
LABORD, MRS. SUSIE; condolences............................................................................HR 128
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2816

INDEX

LAGRANGE, CITY OF; downtown development authority; powers..........................SB 368
LAKESIDE HIGH SCHOOL VARSITY ACADEMIC BOWL TEAM Commend..............................................................................................................................HR 474
LAMAR COUNTY Chief magistrate; nonpartisan election............................................................................HB 789 Office of county manager; repeal Act..............................................................................HB 790
LAND (See Property)
LAND, KELDA; commend ..................................................................................................HR 88
LANDAU, EDMUND ALDERMAN, JR.; condolences............................................HR 204
LANDLORD AND TENANT Certain lease agreements; discharge of sales and use tax ............................................HB 431 Land use covenants; continuation.....................................................................................SB 133 Local governments; fair rent commission .......................................................................HB 111 Property; tenant set aside dispossessory default.........................................................HB 1079 Security deposits; military personnel ..............................................................................HB 134
LANE, HONORABLE BOB; commend.........................................................................HR 401
LANE, HONORABLE DICK Commend.............................................................................................................................HR 340 Communications.......................................................................................................Page 181, 181
LANGFORD, MRS. ONEITA BURTON; commend...........................,.....................HR 360
LASETER, BENJAMIN ROBERT; commend ...........................................................HR 514
LAW ENFORCEMENT OFFICERS AND AGENCIES Bias Crimes Information and Documentation Act; create ...........................................HB 376 Campus policemen; certain colleges; repeal certain definition ....................................HB 610 Certain county offenders; home arrest program............................................................HB 379 Certain county offenders; work release program ...........................................................HB 380 Certain driver's licenses and identification cards; retroreflective fmish.................................................................................................................................HB 786 Certain public employees; indemnification; $100,000 ...................................................HB 705 Certain speeds; use blue light and siren .........................................................................HB 751 Children and Youth Coordinating Council; create.........................................................SB 370 Civil and criminal cases; sheriffs fees; increase .............................................................SB 171 Controlled substances; offense by officer or prison guard; felony ..............................HB 242 Counties and municipalities; mutual aid agreements with federal government or other states; law enforcement assistance..........................................HB 232 Department of Public Safety; amend provisions..............................................................SB 74 Domestic violence; specialized training for peace officers............................................HB 444 Elections; public safety examiners; deputy registrars...................................................HB 206 Employees' Retirement; contributions ............................................................................HB 452 Family violence or protective order violations; arrest without warrant.....................HB 298 Firearm sales; instant background check, regulations...................................................SB 150 Firearms; peace officer provisions; amend.........................................................................SB 53 Georgia Crime Information Center; records available to county registrars .............................................................................................................HB 207 Guaranteed arrest bond certificate; increase amount ...................................................HB 387 Housing authority police; powers.....................................................................................HB 231 Indemnification, time limit for filing application; certain Public Service Commission personnel, eligibility...................................................................HB 454 Inmates with infectious disease; notify agency transporting .......................................HB 288 Inmates with infectious disease or HIV infected; notification.....................................SB 128

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2817

LAW ENFORCEMENT OFFICERS AND AGENCIES (Continued) Law enforcement agencies; copying records for commercial solicitation; prohibit ........................................................................................................SB 376 Law enforcement agencies; use of deadly force to prevent escapes or apprehend escapees...................................................................................................HB 186 Law enforcement officers; complaints against; establish criteria................................HB 854 Law enforcement officers; witness fees...........................................................................HB 148 Law enforcement officers; witness fees ...........................................................................HB 455 License examiners; deputies to certain boards of registrars........................................HB 473 Motor vehicle theft prevention program; establish .......................................................HB 807 Peace Officer and Prosecutor Training Fund; disbursements......................................SB 164 Peace Officers' Annuity and Benefit; certain errors; correct.......................................HB 484 Peace Officers' Annuity and Benefit; felony conviction; rights...................................HB 580 Peace officers; basic training course; completion ..........................................................HB 631 Pension systems; urge counties and municipalities to improve ..................................HR 635 Police officers; witness fees...............................................................................................HB 161 Public Safety; accident reports; fees................................................................................HB 122 Public Safety; motor vehicle accidents; access to records............................................HB 133 Service of process; action against unauthorized insurer...............................................HB 902 Service of process; any United States citizen; limitation .............................................HB 188 Service of process by publication; certain requirements ............................................HB 1088 Simple battery against police officer; punishment.........................................................SB 255 State Patrol; educational requirements............................................................................SB 172 Stolen vehicles and license plates; report to Georgia Crime Information Center .........................................................................................................HB 396 Truthful reports from certain persons; privileged communications............................SB 285 Unincorporated areas of county; ordinances; fines........................................................HB 626
LAY, GRACE MOON; commend .....................................................................................HR 562
LEADERSHIP GEORGIA PROGRAM; 1991 participants; commend...................HR 609
LEDBETTER, HONORABLE J. LEONARD; commend ........................................HR 421
LEDFORD, MRS. RENEE; commend ...........................................................................HR 359
LEE COUNTY; board of elections; repeal Act...............................................................HB 532
LEE, HONORABLE WILLIAM J. Cominend.............................................................................................................................HR 469 Communication...................................................................................................................Page 24
LEE, J. J.; commend ..............................................................................................................HR 83
LEE, REVEREND BERNARD; condolences...............................................................HR 377
LEE, WILLIAM S. "BILLY", III; condolences...........................................................HR 315
LEGISLATIVE COUNSEL; communications ..................................................Pages 180, 182
LEMACKS, D. G. "BILL"; Clayton County sheriff; commend...................................SR 154
LEWIS, J. E., JR.; National Urban Coalition for Unity and Peace; commend ..............................................................................................HR 611
LIABILITY INSURANCE Asbestos; private companies assisting state ....................................................................SB 342 Civil action; injury to minor child; limitation.................................................................SB 305 Claimant's request; insurer's failure to comply; sanctions ...........................................HB 347 Drug abuse prevention services; good faith provider; liability ....................................HB 827 Equine activities; immunity from liability for certain persons ....................................SB 287 Georgia Tort Claims Act; enact........................................................................................HB 606

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2818

INDEX

LIABILITY INSURANCE (Continued) Local governments; officers and employees; defenses ...................................................SB 279 Long-term care facilities; reports of abuse; certain immunity .....................................SB 212 Medical malpractice; expert witness; qualifications......................................................HB 621 Motor vehicle service agreement companies; regulate ................................................HB 1090 Oil spills; insurance provisions ..........................................................................................SB 179 Public adjusters; authority .................................................................................................SB 309 Torts; volunteer transportation of senior citizens; immunity from liability ....................................................................................................................HB 555 Torts; unliquidated damages; interest..............................................................................SB 325 Youth development centers; decision making; provisions..........................................HB 1075
LIBRARIES Boards of trustees; compensation.....................................................................................HB 579 Boards of trustees; ex officio members ...........................................................................HB 584
LICENSE PLATES AND REGISTRATION Ad valorem tax; motor vehicles and mobile homes; certain requirement .................HB 943 Citizens band radio; special plates; remove authorization ...........................................HB 422 County decal fee; authorize...............................................................................................HB 661 County decals; prohibitions.................................................................................................HB 15 County decals, prohibitions; Purple Heart veterans, special plates; revolving green lights, prohibitions..................................................................SB 324 Motor common carrier; Public Service Commission; requirement .............................HB 382 Motor vehicle licensing requirements; resident .............................................................HB 423 Motor vehicles; amend Code.............................................................................................HB 245 License plate resembling official plate; prohibit on rear of vehicle ..........................................................................................................................HB 468 Special and prestige tags; annual fee...............................................................................HB 260 Special tags; firefighters; amend provisions ...................................................................HB 613 Special tags; honor Olympic Games ................................................................................HB 261 Stolen tags; report to Georgia Crime Information Center ...........................................HB 396 Tags; distinctive plate; armed forces of United States..................................................SB 351 Tags; prestige plates; licensed emergency medical technicians...................................HB 838 Tags; prestige plates; United States veterans ................................................................HB 788 Tags; special plates for prisoners of war; include Persian Gulf War ........................................................................................................................HB 1087
LICENSES (Also, see Named License) Ad valorem tax; motor vehicles and mobile homes; certain requirement.................HB 943 Administrative procedure; contested cases; review of information.............................HB 329 Ambulance service; requirements.........................................................................................HB 5 Auctioneers; requirements; continuing education...........................................................SB 160 Bingo; requirements............................................................................................................SB 120 Board of Recreation Examiners; provisions ....................................................................SB 107 Citizens band radio; special plates; repeal authorization .............................................HB 422 Certain driver's licenses and identification cards; retroreflective finish .......................................................................................................HB 786 Certain insurance plans; administrators .........................................................................HB 776 Certain taxes and license fees; payment by check; provisions....................................HB 334 Certain traffic offenses; persons under age 18; suspend driver's license until 18................................................................................................................HB 868 Certain trailers; increase fees............................................................................................HB 653 Check cashers; change exemption ....................................................................................HB 470 Conditioned air contractors; continuing education .......................................................HB 295 Controlled substance or marijuana; misdemeanor possession conviction; driver's license suspension.............................................................................................HB 123 Controlled substance or marijuana; misdemeanor possession conviction; driver's license suspension..............................................................................................SB 290

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2819

LICENSES (Also, see Named License) (Continued) Dental hygienists; temporary license ...................................................................................HB 4 Dentistry; practicing without license; increase penalty .................................................SB 159 Dentists or dental hygienists; continuing education .........................................................HB 3 Driver's license; age 18 years or under; education requirements ..................................HB 23 Driver's license; learner's permit at age 14; restrictions...............................................HB 247 Driver's license suspension; change provisions and penalties.......................................SB 274 Driver's license suspension; refusing to submit to chemical test................................HB 451 Driver's license suspension; reinstatement .....................................................................HB 840 Driver's vision requirements; bioptic telescope ................................................................SB 81 Driver training schools; surety bond, fee, and license provisions...............................HB 824 Driving under the influence; first offenders; education/intervention program ...................................................................................HB 159 Driving under the influence; marked driver's license and bumper sticker ................................................................................................................HB 530 Driving with suspended license; increase penalty .........................................................HB 163 Driving with suspended license; increase penalty .........................................................HB 300 DUI alcohol or drug use risk reduction programs; instructors; criminal records checks..................................................................................................HB 358 Egg wholesalers and handlers; provisions........................................................................SB 126 Electrical contracting license; include low-voltage contracting...................................HB 869 Electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors; change declaration of purpose....................................................................................................HB 797 Farm wineries in state; wine in bond; sell to each other.............................................HB 756 Fire suppression systems; regulate...................................................................................HB 434 Firearms possession; those prohibited; identification method ....................................HB 640 Fireworks; certain types; sales........................................................................................HB 1035 Fraternal benefit societies; extensively revise provisions .............................................HB 799 Funeral directors and embalmers; apprenticeship; registration..................................HB 576 Game and fish; nonresident salt-water fishing license; trafficking in bears or bear parts; pet ferret...............................................................SB 374 Georgia Certified Fire Investigators Act; enact .............................................................HB 969 House Local Government Licenses and Permits Study Committee; create ................................................................................................................................HR 116 Hunting, fishing, and trapping license agents; self-insurance fund; defalcation .............................................................................................................HB 708 Insurance; multiple employer self-insured health plans; regulation...........................HB 769 License plate resembling official plate; prohibit on rear of vehicle ...........................HB 468 License plates; county decal fee; authorize.....................................................................HB 661 Limousine carriers; Public Service Commission regulate...........................................HB 1031 Manufactured or mobile homes; new or used; dealer licensure ................................HB 1039 Massage, State Board of; create.....................................................................................HB 1071 Massage therapists; registration .......................................................................................HB 192 Massage therapists; registration .....................................................................................HB 1070 Master plumbers; examination requirements.................................................................HB 581 Motor common carrier; Public Service Commission license plate; requirement......................................................................................................................HB 382 Motor vehicle licensing requirements; resident.............................................................HB 423 Motor vehicle rentals; regulate .........................................................................................HB 918 Motor vehicles; amend Code.............................................................................................HB 245 Motor vehicle service agreement companies; regulate ................................................HB 1090
Occupation taxes; telecommunication services; county license ...................................HB 677
Occupation taxes; utility services; county license..........................................................HB 629
Occupational therapists; provisions .................................................................................HB 474
Pawnbrokers; regulation and licensing............................................................................HB 471
Personal care homes; contested licenses; hearing officer..............................................HB 389

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2820

INDEX

LICENSES (Also, see Named License) (Continued) Pharmacists; license hearings; certain disabilities.........................................................HB 136 Physical therapists; State Board's authority ..................................................................HB 185 Pistol or revolver; license to carry; five-hour training ..................................................HB 460 Private detective and private security agency; denial of license.................................HB 160 Private detective and private security business; revise provisions.............................HB 772 Psychologists; provisions ....................................................................................................SB 338 Quality Basic Education; mentally retarded child in state-licensed facility; free instruction ..................................................................................................SB 348 Real estate appraisers; qualifications .................................................................................SB 82 Real estate licenses; revisions ...........................................................................................HB 224 Special plates; firefighters; amend provisions................................................................HB 613 State Structural Pest Control Commission; expand powers.........................................SB 416 Tags; county decals, prohibitions; Purple Heart veterans, special plates; revolving green lights, prohibitions..................................................................SB 324 Tags; prestige plates; emergency medical technicians ..................................................HB 838 Tags; special plates for prisoners of war; include Persian Gulf War........................................................................................................................HB 1087 Uniform Commercial Driver's License Act; amend.......................................................HB 139 Used Car Dealers' Registration Act; pawnbrokers and leasing and rental companies; exemptions.......................................................................................HB 594 Veterans' drivers' licenses; qualifications ..........................................................................SB 69 Veterans' drivers' licenses; qualifications ........................................................................SB 199 Water well contractors; proof of experience...................................................................HB 561
LIENS AND MORTGAGES Condominiums; certain expenses; liability......................................................................HB 543 Deeds to secure debt; cancellation; time limit.................................................................HB 97 Georgia Housing and Finance Authority Act; enact........................................................SB 95 Georgia Property Owners' Association Act; enact .......................................................HB 1078 Hospitals; perfecting lien; time period.............................................................................SB 170 Laundries, cleaners, and similar establishments; alternative method.........................SB 243 Mechanics' and materialmen's liens; notification after filing......................................HB 223 Mechanics' and materialmen's liens; suppliers of rental equipment for improvement of real estate; provisions.................................................................HB 628 Mechanics' and materialmen's liens; suppliers of rental equipment for improvement of real estate; waiver and bond rights..........................................HB 528 Motor vehicles; moving or storing; liens..........................................................................SB 339
LIEUTENANT GOVERNOR Candidates for public office; expenditures; limitations................................................HB 678 Communications...............................................................................................Pages 25, 180, 182 Governor and Lieutenant Governor; one six-year term - CA........................................HR 17 Inauguration........................................................................................................................Page 35 Joint Session; relative to inauguration of Governor..........................................................HR 4 Lieutenant Governor and Speaker of the House; limit terms of office-CA...................................................................................................................HR 209
LIFE INSURANCE Amend provisions................................................................................................................SB 110 Certain policies; payments; change interest rate...........................................................HB 845 Corporations; insurable interest in certain employees; clarification ...........................SB 154 Fraternal benefit societies; extensively revise provisions.............................................HB 799 Insurable interest; charitable institution; life of donor................................................HB 903 Insurers; certain rate changes; notify policyholders.........................................................SB 79
LIFE INSURANCE COMPANY OF GEORGIA; commend ..................................HR 595
LIGHT, CARL R.; condolences.........................................................................................HR 606

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2821

LILBURN, CITY OF; franchise; lengthen time of grant.............................................HB 699
LINCOLN COUNTY HIGH SCHOOL Lady Red Devils softball team; invite to House............................................................HR 382 Red Devils Football Team; invite to House...................................................................HR 292
LITTLE, MRS. MYRTICE ANN; condolences...........................................................HR 357
LIVESTOCK Diseases in livestock; injunctions; provide......................................................................HB 174 Equine Activities Immunity Act; enact...........................................................................HB 292 Leased livestock purchase; notice; ownership interest..................................................HB 438 Public weighers; bond requirement; repeal provisions .................................................HB 256
LOANS Business development corporations; loan requirement ...................................................SB 34 Financial institution officer; certain information requirement; liability..............................................................................................................................SB 162
LOBBYING Communications from Secretary of State...................................Pages 64, 183, 212, 434, 724, 980, 1247, 1590, 2012, 2732 Registration of representatives of state agencies.............................................................HB 20 Registration of representatives of state agencies...........................................................HB 268 Registration of representatives of state agencies..............................................................SB 55 State government; limitations...........................................................................................HB 855
LOCAL GOVERNMENTS (Also, see Counties or Municipalities) Ad valorem tax; millage rate; publication requirement................................................HB 250 Airports; acquisition; consent of electors........................................................................HB 121 Airports; acquisition, construction and maintenance; required consent......................HB 73 Airports; certain acquisitions; zoning laws .......................................................................HB 46 Airports; extraterritorial condemnation of property.......................................................HB 45 Alcoholic beverage sales on Sunday; remove prohibition.............................................HB 459 Annexation; copy of local bills; requirement..................................................................HB 113 At-risk children and youth; establish goals.....................................................................SB 104 Bond proceeds; authorized investments; provisions.......................................................SB 175 Cemeteries and burial grounds; preservation.................................................................HB 402 Certain counties; bond elections; provisions...................................................................HB 498 Certain counties; uniform county commissioners law; repeal......................................HB 722 Certain municipal offices; commencement; General Assembly provide.....................HB 934 Certain property; municipalities enter into contract; authorization ...........................SB 169 Certified municipal judge; change definition.................................................................HB 313 Compensation of local officials set by continued Constitutional Amendment; General Assembly change by local law - CA........................................HR 33 Counties and municipalities; acquire property for airport runways; referendum......................................................................................................HB 166 Counties and municipalities; investment of certain funds...........................................HB 602 Counties and municipalities; mutual aid agreements with federal government or other states; law enforcement assistance..........................................HB 232 Counties; boards of commissioners; single-member districts.......................................HB 104 Counties; contractors' purchase of materials; requirements........................................HB 693 County attorneys; authorization; residency requirements............................................HB 371 County merger or division; remove certain requirement - CA....................................HR 526 County offices; nonpartisan elections; General Assembly provide by local law......................................................................................................................HB 500 County tax officials; vacancy in office.............................................................................HB 209 Deceased indigents; decent interment; county provide................................................HB 476 Development authorities; number of directors ..............................................................HB 666

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2822

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LOCAL GOVERNMENTS (Also, see Counties or Municipalities) (Continued) Development authorities; surplus funds; use to promote industry, agriculture, and trade....................................................................................HB 820 Emergency management; counties and municipalities; establish local organization ............................................................................................................HB 241 Emergency 911 service; definition; billing provisions ....................................................SB 289 Emergency 911 service; monthly charge; local governments impose..........................HB 795 Fair rent commission..........................................................................................................HB 111 Firearms; regulation by state; exclusions........................................................................HB 375 Georgia Community Antenna Television (CATV) Authority; create .......................HB 1037 Georgia Municipal Training Act; amend provisions .....................................................HB 287 Hospital authorities; certain organizations; assistance ..................................................SB 281 House Local Government Licenses and Permits Study Committee; create...........................................................................................................HR 116 House Study Committee on Local Government Revenue Diversification; create ....................................................................................................HR 411 Housing authorities; commissioners; number and selection ......................................HB 1089 Interlocal risk management agencies; certain participation.........................................HB 344 Joint Study Committee for Regional Development Centers; create ...........................SR 190 Land use covenants; continuation.....................................................................................SB 133 Local bills; intention to introduce; notice to governing authority ..............................HB 565 Local constitutional amendments; referendum for repeal - CA....................................HR 16 Local governments and boards of education; single-member districts.......................HB 103 Local hospital authorities; projects in other areas; operate upon request.....................................................................................................................SB 294 Local school superintendents; minimum salary; state funds .......................................HB 954 Local school systems; resident students; fees.................................................................HB 513 Local welcome centers; state funding...............................................................................SB 357 Motor vehicle insurance; comprehensively revise..........................................................HB 314 Municipal courts; certain crimes; jurisdiction, fines .....................................................HB 577 Municipalities; certain counties; boundaries; minimum requirements.......................HB 369 Municipalities; certain counties; minimum distance between boundaries..................SB 119 Municipalities; inmates; responsibility ............................................................................HB 502 Municipalities; property contracts, closing streets, service contracts; population......................................................................................................HB 608 Officers and employees; defenses ......................................................................................SB 279 Planning commissions; identifiable areas and communities; population ........................................................................................................................HB 825 Political subdivisions; property purchase; appraisal requirements.............................HB 499 Public Service Commission; gas pipeline or distribution system; value .....................SB 202 Revenue Bond Law; undertaking; change definition....................................................HB 638 Revenue bonds; interest rate; annual payment ................................................................SB 42 Sodomy and aggravated sodomy; amend Code provisions...........................................HB 491 State and local government; public officials; stationery contain phone number ...................................................................................................HB 955 State and political subdivisions; garnishments; charges for answering......................HB 384 Tax Deferral for the elderly; certain counties; alternative method............................HB 503 Unincorporated areas of county; ordinances; fines........................................................HB 626 Urban Policy Study Commission; create .........................................................................SR 166 Waste disposal; public or private services; regulation ..................................................HB 419 Water system services; rates, fees, charges; county set..............................................HB 1057 Zoning; conflict of interest; revise provisions....................................................................SB 67
LOFTON, JAMES C.; commend......................................................................................HR 451
LOGANVILLE, CITY OF; governing authority; organizational meeting .................HB 911
LOOKOUT MOUNTAIN JUDICIAL CIRCUIT
Add employees ..................................................................................................................HB 1084 Addjudge.............................................................................................................................HB 354

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2823

LORENZO BENN YOUTH DEVELOPMENT CENTER; designate..................HR 157
LOTTERY Delete prohibitions; provide for nonprofit lottery - CA...............................................HR 226 Materials and equipment; out-of-state sales; delete certain provisions......................SB 367 Materials and equipment; out-of-state sales; number of free replays..........................HB 50 Repeal prohibitions - CA.....................................................................................................HR 35 State lottery for education construction trust fund; provide - CA.............................HR 181 State lottery; indigent care and educational purposes - CA..........................................HR 36 State lottery; provide .............................................................................................................HR 7 State lottery, provide; Department of Lottery, create..................................................HB 780 State lottery; provide for educational purposes - CA.....................................................HR 34
LOUISVILLE, CITY OF; new charter ...........................................................................HB 833
LOWNDES COUNTY; state court; full-time judge........................................................HB 44
LYLE JONES PARKWAY; designate............................................................................SR 235
LYNN, COLEMAN JEREMY; commend.....................................................................HR 466
LYNN, MR. AND MRS. FOSTER; commend.............................................................HR 295

M

MACON, CITY OF Corporate limits................................................................................................................HB 1008 Macon-Bibb County Governmental Reorganization Study Commission; create ..............................................................................................................................HB 1093 Macon-Water Commissioners Pension Plan; employer contributions.........................SB 221
MACON COUNTY; designated registration periods.....................................................HB 957
MAGISTRATE COURTS Bad checks; prosecution; citation.....................................................................................HB 620 Certain fees; increase .........................................................................................................HB 639 Counties; employ marshals to perform duties of constables ........................................SB 346 Dispossessory proceedings; summons, service, answers, defenses, and counterclaims...................................................................................................................HB 569 Magistrates' Retirement System; create .........................................................................HB 912 Probate and magistrate courts; probation services; provide.........................................SB 224
MALT BEVERAGES (Also, see Alcoholic Beverages and Alcoholism) Alcoholic beverage sales on Sunday; remove prohibition.............................................HB 459 Production for home consumption.....................................................................................HB 62
MARIETTA, CITY OF Board of education; vacancies...........................................................................................HB 876 Cobb-Marietta Coliseum and Exhibit Hall Authority; members.................................SB 366 Corporate limits..................................................................................................................HB 781 Corporate limits................................................................................................................HB 1019
MARIJUANA Candidates; drug testing, definition; pauper's reimbursement....................................HB 601 Controlled substance or marijuana; misdemeanor possession conviction; driver's license suspension.............................................................................................HB 123 Controlled substance or marijuana; misdemeanor possession conviction; driver's license suspension..............................................................................................SB 290
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2824

INDEX

MARIJUANA (Continued) Controlled substances; certain violations; prohibit first offender status.................................................................................................................HB 253 Controlled substances; forfeitures; comprehensively revise provisions ........................HB 72 Controlled substances; forfeitures; proceeds ..................................................................HB 249 Controlled substances; forfeitures; proceeds .....................................................................SB 73 Controlled substances; offense by law enforcement officer or prison guard; felony........................................................................................................HB 242 Criminally derived property; unlawful to deal in..........................................................HB 324 Driving with suspended license; increase penalty .........................................................HB 163 Juvenile proceedings; designated felony; drug trafficking..............................................HB 87 Penal institutions; uniform drug testing; provisions...................................................HB 1066 Public employee; certain final conviction; ineligible for office....................................HB 255 Trafficking; penalty ..............................................................................................................HB 86
MARKS, KEITH STEPHEN; compensate ...................................................................HR 119
MARRIAGE (Also, see Domestic Relations) Common-law; proof; certain evidence required..............................................................HB 539 Domestic violence cases; spouse compelled to testify ...................................................HB 447 Probate courts; certain counties; chief clerk perform marriages.................................HB 702 Probate courts; certain counties; chief clerk perform marriages.................................HB 703
MARSH, REVEREND CLINTON M.; commend ......................................................HR 508
MARSHALL, JIM; invite to House.................................................................................HR 410
MARTA (METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY) Alternative fuels plan; provide by January 1, 1992.......................................................HB 881 Annual report; filing, public notice and certain listings...............................................HB 658 Annual report; public notice.............................................................................................HB 218 Certain reserve funds; change date..................................................................................HB 221 Collective bargaining; neutral arbitrator.........................................................................HB 738 Crimes against person; public transit facilities; penalties............................................HB 694 Fact finders, arbitration, wage disputes; provisions.......................................................SB 300 Georgia Rail Passenger Authority; members; terms.....................................................HB 850 Highways; bus shelters on rights of way; authorization................................................SB 158 Monorail people mover for the Buckhead area; urge United States funding for study............................................................................................................HR 597 Motor fuel taxes; provide and maintain mass transportation facilities - CA...................................................................................................................HR 161 Operating costs; use certain interest income..................................................................HB 657 Police force; qualifications and powers; clarify..............................................................HB 659 Prohibition of certain state funds; repeal.......................................................................HB 586 Security and police force; powers.....................................................................................HB 219 State funds; eligibility to receive....................................................................................HB 1060 Transportation projects; private entity contracts; authorize .....................................HB 1081
MARTINEZ, JOHNNY; commend..................................................................................HR 592
MARY PERSONS HIGH SCHOOL VARSITY DEBATE TEAM Commend.................................................................................................... HR 619
MASSAGE Massage, State Board of; create.....................................................................................HB 1071 Massage therapists; registration; requirements............................................................HB 1070 Massage therapists; regulation..........................................................................................HB 192
MASTER, REUBEN B.; condolences .............................................................................HR 448
MCCORKLE, DR. DAVID BENSON; commend......................,................................HR 522

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2825

MCCORMACK, ROBERT E. "BOB", JR.; condolences ...........................................HR 504
MCDONALD, LAUREN "BUBBA"; commend..........................................................HR 494
MCDUFFIE COUNTY; deputy coroner; provide..........................................................HB 462
MCEACHERN HIGH SCHOOL WRESTLING TEAM AND COACHES; invite to House............................................................................................HR 370
MCMILLAN, TIMOTHY; commend................................................................................HR 46
MEDICAL CONSENT Abortions; informed consent...........................................................................................HB 1062 Certain persons; authorization...........................................................................................SB 143 Cardiopulmonary resuscitation; candidate for nonresuscitation; procedures...........................................................................................................................SB 93 Living wills; certain conditions; withhold life-sustaining procedures.........................HB 968
MEDICAL PRACTICE (See Physicians and Osteopaths)
MEETINGS; county boards of education; publication of notices................................HB 403
MENTAL HEALTH Amend provisions ...............................................................................................................HB 889 Certain driver's licenses and identification cards; retroreflective finish.......................................................................................................HB 786 Clinical social workers; involuntary emergency treatment certification; certain persons.......................................................................................HB 1068 Criminal procedure; jurisdiction and venue; transfer of indictment or accusation...............................................................................................HB 847 Department of Human Resources; unmarked motor vehicles; exception..................HB 812 Drug abuse prevention services; good faith provider; liability....................................HB 827 Firearm sales; instant background check, regulations...................................................SB 150 Guardians; incapacitated adults; emergency conditions...............................................HB 417 Health and mental health; amend Code provisions ......................................................HB 716 Hearings; payment of expenses........................................................................................HB 213 Inpatient because of insanity plea; release hearing.......................................................HB 469 Insurance; certain coverage; repeal limitations..............................................................HB 135 Mental Health Day in Georgia; proclaim February 4, 1991 ........................................HR 186 Pharmacists; license hearing; certain disabilities...........................................................HB 136 Psychologists; scope of service..........................................................................................HB 408 Quality Basic Education; mentally retarded child in state-licensed facility; free instruction..................................................................................................SB 348 Self-sufficiency Trust Fund for Mentally Disabled Persons; create...........................HB 689 State employees health insurance; certain services; require coverage........................HB 872 State employees insurance and benefits plans; certain service centers; inclusion.............................................................................................................HB 883
MERCER UNIVERSITY SOUTHERN SCHOOL OF PHARMACY Commend students ............................................................................................................HR 239
MERIT SYSTEM (Also, see State Employees or State Government) Budgets; long-term plans; cost-benefit reviews of programs........................................SB 410 Department of Natural Resources; unclassified hourly employees; selection............................................................................................................................HB 938 Department of Natural Resources; volunteer service programs; establish and operate......................................................................................................SB 272 Department of Public Safety; amend provisions..............................................................SB 74 Drug Testing of Safety Sensitive and Critical Personnel Act of 1991; enact...................................................................................................................HB 933 Employees' Retirement; GeorgiaNet Authority employees..........................................HB 203

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2826

INDEX

MERIT SYSTEM (Also, see State Employees or State Government) (Continued) Employees' Retirement; reemployment penalties; over 1040 hours ...........................HB 309 Employees; sick leave.........................................................................................................HB 112 Georgia Tort Claims Act; enact........................................................................................HB 606 Hearings; employee representation..................................................................................HB 109 House State Health Benefit Plan Pharmacy Program Study Committee; create................................................................................................................................HR 442 Injured employees; designated physician; provisions ....................................................HB 349 Joint Study Committee on Teachers' Accumulated Sick Leave; create.................................................................................................................................SR 149 Permanent employees; adverse actions............................................................................SB 106 Public employment announcements; posting date ........................................................HB 591 Retiree; return to service; less than 1040 hours.............................................................HB 310 School personnel; sick leave; personal and professional use........................................HB 851 State employees benefit plans; include certain nonprofit groups...............................HB 306 State employees health insurance; certain services; require coverage........................HB 872 State employees insurance and benefits plans; certain service centers; inclusion.............................................................................................................HB 883 State employees on military duty; rights...........................................................................SR 31 State lottery; provisions.....................................................................................................HB 780 State Patrol; educational requirements............................................................................SB 172 Teachers; sick leave bank or pool; provisions................................................................HB 793 World Congress Center; amend provisions.....................................................................HB 928
MILITARY AFFAIRS Civil practice; continuances; party in armed forces.......................................................SB 238 Department of Veterans Service; appointments...............................................................SB 48 Desert Storm Monument Commission; create...............................................................HR 414 District attorneys and solicitors; military duty; provisions...........................................SB 112 Emergency management; local governments establish local organization .................HB 241 Emergency management rescue specialist; indemnification ........................................HB 238 Employees' Retirement; certain service; creditable service..........................................HB 421 Employees' Retirement; members in armed forces; contributions ...............................HB 40 Employees' Retirement; Vietnam service credit............................................................HB 865 Employees' Retirement; Vietnam service credit............................................................HB 924 Georgia Military College; two-year limit; delete............................................................HB 842 House Military Support and Assistance Study Committee; create ............................HR 211 Income tax; certain service income; exclude...................................................................HB 485 Income tax return; active military duty; extend time for filing..................................HB 600 Landlord and tenant; security deposits; military personnel........................................HB 134 Operation Desert Storm; multinational coalition; appreciation...................................SR 133 Organized militia; state active duty; emergencies ..........................................................SB 282 Scholarships, loans, grants, insuring of loans; certain military persons; General Assembly provide - CA....................................................HR 399 State employees on duty; rights..........................................................................................SR 31 Tags; county decal, prohibitions; Purple Heart veterans, special plates; flashing green lights, restrictions......................................................................SB 324 Tags; distinctive plate; armed forces of United States..................................................SB 351 Tags; prestige plates; United States veterans................................................................HB 788 Tags; special plates for prisoners of war; include Persian Gulf War........................................................................................................................HB 1087 Veterans Armed Forces Honor Commission; create......................................................HR 443
MILLEDGEVILLE, CITY OF; mayor and aldermen; compensation..........................SB 64
MILLER COUNTY; motor vehicle; designated registration ........................................SB 241
MINERAL RESOURCES Excise tax; state and county; solid minerals severance................................................HB 696

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2827

MINERAL RESOURCES (Continued) Oil spills; liability; provisions ............................................................................................SB 179 Sales tax exemption; certain materials; manufacturing granite ................................HB 1018
MINORS Act defining incorrigible child; change effective date to July 1, 1992 .......................HB 560 Adoption petitions; requirements.....................................................................................HB 604 Alcoholic beverages; consumption on premises; prohibitions ........................................HB 51 Alcoholic beverages; package stores; certain prohibitions..............................................HB 52 Alcoholic beverages; persons under age 21; prohibit from certain premises ................................................................................................................HB 61 Alcoholic beverages; possession by persons under age 21; complete certain program...............................................................................................................HB 150 Alcoholic beverages; purchase by persons age 21 or younger; penalty.........................HB 22 Ammunition for firearm; selling to person under age 16; prohibit.............................HB 859 Awaiting adjudication; restraints on freedom; revise.....................................................SB 283 Certain facilities; violations; actions by Department of Human Resources............................................................................................................SB 235 Certain traffic offenses; persons under age 18; suspend driver's license until 18 ................................................................................................................HB 868 Child abuse; accessing records; amend provisions.........................................................HB 289 Child; born or unborn; unlawful to sell...........................................................................HB 458 Child custody; age at which child chooses......................................................................HB 405 Child custody; continuing parental contact; interest of child ......................................SB 208 Children and youth; community innovation zones; designate...................................HB 1050 Children and Youth Coordinating Council; create.........................................................SB 370 Children and Youth Overview Committee; create..........................................................SB 105 Children; certain cases; provide legal counsel................................................................HB 180 Children in foster care; periodic reviews.........................................................................HB 662 Children in foster care; periodic reviews .........................................................................SB 315 Child support awards; change method of computation ................................................HB 816 Child support; over age 18; high school enrollment....................................................HB 1013 Child victim or witness; two-way closed circuit television............................................SB 178 Child welfare agency; redefine name and provisions.....................................................SB 123 Civil action; injury to minor child; limitation.................................................................SB 305 Controlled substances; butane; prohibitions...................................................................HB 511 Council of Juvenile Court Judges; membership.............................................................HB 199 Crimes against children; certain records; closed to public.........................................HB 1009 Death of parent; child age 14 or older select custodial relative..................................HB 692 Demonstration family resource center program; create..............................................HB 1074 Deprived child; foster care; periodic reviews..................................................................HB 519 Driver's license; learner's permit at age 14; restrictions...............................................HB 247 Driving under the influence; alcohol concentration level...............................................HB 63 Estates; child born out of wedlock; inheritance.............................................................HB 251 Feticide by vehicle; first and second degree; define offenses .........................................SB 58 FHA/HERO day at Capitol; proclaim February 7, 1991..............................................HR 111 Georgia Child Care Council; create..................................................................................HB 399 Georgia Children and Youth Overview Committee; create..........................................HB 302 Grandparents; no visitation rights; certain cases...........................................................HB 796 Joint Children's Poison Protection Study Committee; create.....................................HR 190 Joint Steering Committee for the Georgia General Assembly's Conference on Teenage Homicides and Suicides; create..........................................HR 413 Joint Study Committee for the Well-being of Georgia's Children; create...............................................................................................................HR 333 Joint Study Committee on Children and Youth; create .................................................SR 72 Juvenile court; senior judge; create office.......................................................................HB 572 Juvenile court; transferred case; death penalty prohibition ........................................HB 155 Juvenile justice services; local provision; incentives ......................................................SB 378

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2828

INDEX

MINORS (Continued) Juvenile proceedings and parental rights; amend Code.............................................HB 1076 Juvenile proceedings; certain records; inspection..........................................................HB 683 Juvenile proceedings; delinquency hearings; open to public........................................SB 260 Juvenile proceedings; designated felony; drug trafficking..............................................HB 87 Juvenile proceedings; jurisdiction; prohibit for certain crimes...................................HB 212 Juvenile proceedings; probation and intake; transfer to Department of Human Resources.................................................................................SB 335 Juvenile proceedings; traffic offenses under age 17; exceptions..................................HB 785 Limitation on prosecution; exclude certain offenses.....................................................HB 240 Lorenzo Benn Youth Development Center; designate..................................................HR 157 Mandatory education; age...................................................................................................HB 25 Paternity determination; juvenile court jurisdiction; certain cases ..........................HB 1072 Professional Practices Commission; reportable offenses..............................................HB 146 Prosecution of felony; victim under age 14; remove limitation...................................HB 571 State tax; certain rentals; proceeds to State Children's Trust Fund .........................HB 956 Torts; personal property; theft or damage; liquidated exemplary damages .........................................................................................................SB 184 Working hours; prohibitions .............................................................................................HB 368 Wrongful death; recovery; guardianship.........................................................................HB 181 Year's support; certain items; delete provisions ............................................................HB 541 Year's support; determination of amount.......................................................................HB 540 Youth development centers; decision making; provisions ..........................................HB 1075
MITCHELL-BAKER HIGH SCHOOL EAGLES BASKETBALL TEAM Commend .............................................................................................................................HR 524
MITCHELL COUNTY Grant easement...................................................................................................................HR 160 Hospital authority; members ............................................................................................HB 395 Office of county administrator; provide ..........................................................................HB 362
MITTON, REVEREND GERALD A.; commend .......................................................HR 177
MOBILE HOMES Ad valorem tax; certain requirement...............................................................................HB 943 Manufactured or mobile homes; new or used; dealer licensure ................................HB 1039
MONROE AREA COMPREHENSIVE HIGH SCHOOL "LADY CANES" SOFTBALL TEAM; commend ..................................................................HR 579
MONROE COUNTY Community of Smarr; commend......................................................................................HR 260 Grant easement......................................................................................................................SR 55 Probate court; jurisdiction...............................................................................................HB 1045
MOODY AIR FORCE BASE; commend.......................................................................HR 476
MOORE, GREG; commend ..................................................................................................HR 68
MOORE, JERRY; commend..............................................................................................HR 453
MORAETES, TOM; commend..........................................................................................HR 502
MORGAN, MICHELLE MARIE; commend ................................................................HR 198
MORI, MARK AND SUSAN ROBINSON; commend.............................................HR 509
MORRIS, JAMES PERRY; commend...........................................................................HR 220
MORROW, CITY OF Morrow High School Girls' basketball team and coaches; invite to House ..............HR 511

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2829

MORROW, CITY OF (Continued) Police Department and B. C. Haynie Elementary School...........................................HR 455 Police Department and Morrow Elementary School....................................................HR 391
MOSES, EDWARD CALHOUN; condolences.............................................................HR 366
MOSLEY, CHAD; commend ..........................................................................................HR 570
MOSS, LIEUTENANT MARION GARY; condolences............................................HR 477
MOTOR CARRIERS Public Service Commission; license plate; requirement...............................................HB 382 Public Service Commission; special fees; method of calculating.................................HB 901
MOTOR FUEL AND ROAD TAX (Also, see Gas, Gasoline and Gas Service or Motor Vehicles and Traffic) Refund to seller; compensation for collection................................................................HB 570 Repeal second tax.................................................................................................................HB 19
MOTOR VEHICLE ACCIDENT INSURANCE Aftermarket crash parts; definitions and provisions.....................................................HB 888 Comprehensively revise......................................................................................................HB 314 Comprehensively revise ......................................................................................................SB 110 Consumer Auto Insurance Affordability Act of 1991; enact..........................................HB 91 Defensive drivers and honor students; discount............................................................HB 145 House Driver's License Sanctions and Auto Insurance Study Committee; create...........................................................................................................HR 235 Insurance regulations; amend Code provisions..............................................................HB 509 Insurers; certain rate changes; notify policyholders.........................................................SB 79 Medical expenses; dollar amount.......................................................................................HB 17 Motor vehicle operation; certain requirement..............................................................HB 1061 Motor vehicle service agreement companies; regulate................................................HB 1090 New policy reports to Department of Public Safety.....................................................HB 645 Notice of cancellation.........................................................................................................HB 352 Notice of claim by injured party......................................................................................HB 128 Public adjusters; authority.................................................................................................SB 309 Public Safety; access to records .......................................................................................HB 133 Public Safety; reports; fees ...............................................................................................HB 122 Safety equipment; provisions............................................................................................HB 735 Serious injury; definition.....................................................................................................HB 90 Surcharge; prohibition .......................................................................................................HB 433 Total loss settlement; title ................................................................................................HB 494 Uninsured motorist; stacked coverage...............................................................................HB 89 Uninsured motorist; stacking of coverage...........................................................................HB 6
MOTOR VEHICLES AND TRAFFIC Alcohol and drug courses; fee...........................................................................................HB 164 Alcohol and drug education course; fees.........................................................................HB 147 Alcoholic beverages; open container in vehicle; prohibitions.......................................HB 651 Alcoholic beverages; open container while driving or passenger; prohibit..........................................................................................................HB 254 Alcoholic beverages; open container while driving; prohibitions ..................................HB 11 Alcoholic beverages; open container while driving; prohibitions ...................................SB 52 Amend Code........................................................................................................................HB 245 Andersonville Prisoner of War Memorial Trail; designate...........................................SR 213 Citizens band radio; special license plates; repeal authorization ................................HB 422 Certain counties or cities; speed detection devices; restrictions.................................HB 535 Certain driver's licenses and identification cards; retroreflective finish.......................................................................................................HB 786

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2830

INDEX

MOTOR VEHICLES AND TRAFFIC (Continued) Certain traffic offenses; persons under age 18; suspend driver's license until 18 ................................................................................................................HB 868 Consumer Auto Insurance Affordability Act of 1991; enact..........................................HB 91 Controlled substance or marijuana; misdemeanor possession conviction; driver's license suspension.............................................................................................HB 123 Controlled substance or marijuana; misdemeanor possession conviction; driver's license suspension..............................................................................................SB 290 Department of Public Safety; amend provisions..............................................................SB 74 Derelict motor vehicle; disposition...................................................................................HB 783 Driver's license; age 18 years or under; education requirements ..................................HB 23 Driver's license in lieu of bail; receipt.............................................................................HB 187 Driver's license; learner's permit at age 14; restrictions...............................................HB 247 Driver's license suspension; change provisions and penalties.......................................SB 274 Driver's license suspension; payment of fines.................................................................SB 191 Driver's license suspension; refusing to submit to chemical test................................HB 451 Driver's license suspension; reinstatement.....................................................................HB 840 Driver's license; vision requirements; bioptic telescope ..................................................SB 81 Driving under the influence; additional penalties .........................................................HB 115 Driving under the influence; alcohol concentration level...............................................HB 64 Driving under the influence; alcohol concentration level...............................................HB 75 Driving under the influence; alcohol concentration level.............................................HB 363 Driving under the influence; alcohol concentration level..............................................SB 113 Driving under the influence; amend provisions...............................................................HB 63 Driving under the influence; eliminate nolo contendere plea......................................HB 152 Driving under the influence; first offenders; education/intervention program...................................................................................HB 159 Driving under the influence; forfeiture of vehicle ...........................................................HB 66 Driving under the influence; habitual violator; forfeiture..............................................HB 74 Driving under the influence; marked driver's license and bumper sticker................................................................................................................HB 530 Driving under the influence; period of detention..........................................................HB 129 Driving under the influence; school bus drivers, penalties; DUI alcohol or drug use risk reduction programs, criminal records checks.................................SB 312 Driving under the influence; suspension of driver's license...........................................HB 65 Driving under the influence; third conviction; treatment..............................................HB 77 Driving under the influence; third or subsequent conviction; increase penalty...............................................................................................................HB 364 Driving under the influence; fourth through sixth convictions; penalties...........................................................................................................................HB 425 Driving with suspended license; increase penalty .........................................................HB 163 Driving with suspended license; increase penalty.........................................................HB 300 DUI alcohol or drug use risk reduction programs.........................................................HB 297 DUI alcohol or drug use risk reduction programs; instructors; criminal records checks..................................................................................................HB 358 Emission inspections; fees.................................................................................................HB 132 Feticide by vehicle; first and second degree; define offenses .........................................SB 58 Firearms possession; those prohibited; identification method ....................................HB 640 Franchise protection; distributor......................................................................................HB 646 Highways; blue retroreflective pavement marker; prohibition; exception .................HB 526
House Driver's License Sanctions and Auto Insurance Study Committee; create...........................................................................................................HR 235
Ignition interlock device; condition of probation for driving under the influence.........................................................................................................HB 165
Income tax credit; motor vehicle conversion................................................................HB 1029
Insurance; aftermarket crash parts; definitions and provisions..................................HB 888
Insurance; comprehensively revise...................................................................................HB 314

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2831

MOTOR VEHICLES AND TRAFFIC (Continued) Insurance; defensive drivers and honor students; discount.........................................HB 145 Insurance; medical expenses; dollar amount....................................................................HB 17 Insurance; new policy reports to Department of Public Safety..................................HB 645 Insurance; notice of cancellation ......................................................................................HB 352 Insurance; notice of claim by injured party ...................................................................HB 128 Insurance regulation; amend Code provisions................................................................HB 509 Insurance; safety equipment; provisions .........................................................................HB 735 Insurance; serious injury; definition..................................................................................HB 90 Insurance; surcharge; prohibition.....................................................................................HB 433 Insurance; total loss settlement; title ..............................................................................HB 494 Insurance; uninsured motorist; stacked coverage ............................................................HB 89 Insurance; uninsured motorist; stacking of coverage........................................................HB 6 J. P. Marshall Bypass; designate ........................................................................................SR 15 J. Truman Holmes Bridge; designate..............................................................................HR 380 Jury list compilation; include motor vehicle registrants................................................HB 10 Juvenile proceedings; traffic offenses under age 17; exceptions..................................HB 785 Law enforcement officers; certain speeds; use blue light and siren...........................HB 751 License examiners; deputies to certain boards of registrars........................................HB 473 License plate resembling official plate; prohibit on rear of vehicle ...........................HB 468 License plates; county decal fee; authorize.....................................................................HB 661 License plates; county decal; prohibitions........................................................................HB 15 License plates; county decal, prohibitions; Purple Heart veterans, special tags; flashing green lights, restrictions............................................................SB 324 License plates; special and prestige tags; annual fee....................................................HB 260 License plates; special tags; honor Olympic Games......................................................HB 261 Licenses; certain trailers; increase fees............................................................................HB 653 Licensing requirements; resident.....................................................................................HB 423 Limousine carriers; Public Service Commission regulate...........................................HB 1031 Lyle Jones Parkway; designate..........................................................................................SR 235 Motor fuel taxes; refund to seller; compensation for collection..................................HB 570 Motor Vehicle Chop Shop and Stolen and Altered Property Act; enact ..................HB 836 Moving or storing; liens......................................................................................................SB 339 "Motorcycle Awareness and You (M.A.Y.) Month"; recognize May, 1991................HR 117 "Motorcycle Awareness and You Month"; recognize May, 1991...................................SR 32 Motorcycles; headgear and eye protective devices; change requirement ...................HB 158 Murder by vehicle; define offense....................................................................................HB 687 Operation; certain insurance requirement ....................................................................HB 1061 Pawnbrokers; pledged goods.............................................................................................HB 486 Pawnbrokers; storage fees..................................................................................................SB 336 Projecting load; flag requirement.....................................................................................HB 568 Public Safety; accident reports; fees................................................................................HB 122 Public Safety; accidents; access to records.....................................................................HB 133 Radio, stereo, or other sound-making device; prohibitions..........................................HB 149 Railroad crossings; school buses and vehicles carrying hazardous materials; stop requirements.....................................................................................,...HB 791 Rentals; regulate.................................................................................................................HB 918 Roger E. James Bridge; designate.....................................................................................SR 233 Safety belts; failure to use; penalty...................................................................................HB 13 School buses transporting kindergarteners; provide seat belts...................................HB 937 Seat belts; failure to use; additional violations..............................................................HB 282
Seat belts; failure to use; additional violations...............................................................SB 395
Service agreement companies; regulate.........................................................................HB 1090
Special license plates; firefighters; amend provisions...................................................HB 613
Speed detection devices; admissible evidence; restrictions..........................................HB 258
Stolen vehicles and license plates; report to Georgia Crime Information Center.............................................................................................HB 396

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MOTOR VEHICLES AND TRAFFIC (Continued) Tags; distinctive plates; armed forces of United States................................................SB 351 Tags; prestige plates; licensed emergency medical technicians...................................HB 838 Tags; prestige plates; United States veterans................................................................HB 788 Tags; special plates for prisoners of war; include Persian Gulf War........................................................................................................................HB 1087 Theft or conversion; false reporting; misdemeanor of a high and aggravated nature ...................................................................................................HB 574 Theft prevention program; establish...............................................................................HB 807 Theft; sentence; special alternative incarceration or boot camp..................................SB 350 Tom Arrendale, Jr., Intersection; designate.....................................................................HR 53 Traffic cases; additional assessment; costs for binding over..........................................HB 27 Uniform Commercial Driver's License Act; amend.......................................................HB 139 Uniform rules of the road; application to certain residential areas ...........................HB 671 Used Car Dealers' Registration Act; leasing and rental companies and pawnbrokers; licensing; exemptions.....................................................................HB 594 Vehicles transporting biohazardous waste; certain markings or placard on vehicles.........................................................................................................HB 886 Veterans' drivers' licenses; qualifications ..........................................................................SB 69 Veterans' drivers' licenses; qualifications ........................................................................SB 199 Warranty Rights Act; amend..............................................................................................HB 32 Waste management; scrap tire disposal; regulations.....................................................HB 481
MOTORCYCLES Headgear for riders; requirement.....................................................................................HB 158 "Motorcycle Awareness and You (M.A.Y.) Month"; recognize...................................HR 117 "Motorcycle Awareness and You Month"; recognize.......................................................SR 32
MOULTRIE, CITY OF; ordinance violations; penalty ................................................HB 909
MOUNT ZION, CITY OF; corporate limits ..................................................................HB 754
MOVIES; state tax; certain rentals; proceeds to State Children's Trust Fund.......................................................................................................HB 956
MUNICIPALITIES (Also, see Local Governments or Named Municipality) Airports; certain acquisitions; zoning laws .......................................................................HB 46 Airports; certain property condemnation; prohibit.......................................................HB 548 Airports; extraterritorial condemnation of property.......................................................HB 45 Alcoholic beverage sales on Sunday; remove prohibition.............................................HB 459 Annexation; copy of local bills; requirement..................................................................HB 113 Boards of education, elect; school superintendents, appoint - CA.............................HR 288 Boards of education; single member districts - CA.........................................................HR 76 Bond proceeds; authorized investments; provisions.......................................................SB 175 Cemeteries and burial grounds; preservation; local government.................................HB 402 Certain boundaries; minimum requirements..................................................................HB 369 Certain counties or municipalities; speed detection devices; restrictions.......................................................................................................................HB 535 Certain municipal offices; commencement; General Assembly provide.....................HB 934 Certain property; enter into contract; authorization .....................................................SB 169 Certified municipal judge; change definition.................................................................HB 313 Compensation of local officials set by continued Constitutional Amendment; General Assembly change by local law - CA.....................................'...HR 33 Coroners; training course......................................................................................................SB 33 Counties and municipalities; acquire property for airport runways; referendum......................................................................................................HB 166 Counties and municipalities; airport outside boundary; Transportation Board approval................................................................................................................HB 848

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2833

MUNICIPALITIES (Also, see Local Governments or Named Municipality) (Continued) Counties and municipalities; excise tax levies; hotels and motels..............................HB 420 Counties and municipalities; investment of certain funds...........................................HB 602 Counties and municipalities; mutual aid agreements with federal government or other states; law enforcement assistance..........................................HB 232 County boards of education; meeting notices; publication..........................................HB 403 Detention facilities; certain municipalities; dispatcher serve as jailer...................................................................................................................HB 731 Development authorities; number of directors ..............................................................HB 666 Education; office of strategic planning; create...............................................................HB 857 Elected public officials; campaign contributions; limitations......................................HB 521 Emergency management; counties and municipalities; establish local organization............................................................................................................HB 241 Emergency 911 service; definition; billing provisions....................................................SB 289 Emergency 911 service; monthly charge; local governments impose..........................HB 795 Firearms; regulation by state; exclusions........................................................................HB 375 Gas pipeline or distribution system; value; Public Service Commission....................SB 202 General Assembly; local bill advertisements; affidavit by author...............................HB 428 General Assembly; local bill advertisements; affidavit by author ...............................SB 174 Georgia Municipal Training Act; amend provisions.....................................................HB 287 Hospital authorities; state grants for public health purposes.....................................HB 424 House Local Government Licenses and Permits Study Committee; create..............HR 116 Housing authorities; commissioners; number and selection ......................................HB 1089 Inmates; responsibility.......................................................................................................HB 502 Joint Study Committee for Regional Development Centers; create ...........................SR 190 Juvenile justice services; local provision; incentives ......................................................SB 378 Law enforcement officers pension systems; urge counties and municipalities to improve..............................................................................................HR 635 Libraries; boards of trustees; ex officio members..........................................................HB 584 License plates; county decal fee; authorize.....................................................................HB 661 Local bills; intention to introduce; notice to governing authority..............................HB 565 Local boards of education; certain written employment contracts.............................HB 719 Local constitutional amendments; referendum for repeal - CA....................................HR 16 Local governments and boards of education; single-member districts.......................HB 103 Local governments; fair rent commission.......................................................................HB 111 Local governments; officers and employees; defenses ...................................................SB 279 Local governments; property contracts, closing streets, service contracts; population,.....................................................................................................HB 608 Local hospital authorities; projects in other areas; operate upon request.......................................................................................................SB 294 Local income tax; election to impose; provisions...........................................................HB 623 Local option sales tax; additional projects.....................................................................HB 598 Local school superintendents; minimum salary; state funds.......................................HB 954 Municipal courts; certain crimes; jurisdiction, fines.....................................................HB 577 Municipal elections; notice of candidacy........................................................................HB 204 Municipal elections; terms; General Assembly change by local law...........................HB 467 Occupational tax; principal office; maximum.................................................................HB 624 Planning commissions; identifiable areas and communities; population...................HB 825 Political subdivisions; property purchase; appraisal requirements.............................HB 499 Probation; community service; prohibit private gain....................................................HB 125 Prosecuting Attorneys' Council; certain personnel; compensation .............................HB 679
Public libraries; boards of trustees; compensation........................................................HB 579
Public officers and employees; loyalty oath; delete certain reference........................HB 189
Railroads; grade crossing elimination costs.....................................................................SB 286
Regional development centers; ratify certain transfer....................................................HR 15
Regional development centers; ratify certain transfer....................................................HR 79

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2834

INDEX

MUNICIPALITIES (Also, see Local Governments or Named Municipality) (Continued) Regional surface and air transportation authorities; create.........................................HB 919 Revenue Bond Law; undertaking; change definition....................................................HB 638 Rural development; urge assistance of state departments and agencies ...................HR 284 Schools; sex education and AIDS prevention; sexual abstinence................................HB 675 School systems; multiyear lease, purchase, or lease purchase contracts, real property limitations..............................................................................HB 321 School textbooks; purchasing by local systems..............................................................HB 193 Seat belts; failure to use; additional violations..............................................................HB 282 Seat belts; failure to use; additional violations...............................................................SB 395 Solid waste reduction; counties and municipalities encouraged to exceed goals ................................................................................................................HB 590 Special elections; uniform dates .......................................................................................HB 195 Special facilities by Department of Human Resources; certain notification required.......................................................................................................HB 573 State and local government; public officials; stationery contain phone number .................................................................................................................HB 955 Tennessee Valley Authority; payments; change apportioning method ....................HB 1034 Traffic cases; additional assessment; costs for binding over..........................................HB 27 Uniform rules of the road; application to certain residential areas ...........................HB 671 Urban Policy Study Commission; create.........................................................................SR 166 Waste disposal; public or private services; regulation..................................................HB 419 Workers' compensation; self-insurers; certain authorization to participate...................................................................................................................HB 343 Workers' compensation; self-insurers; expand definition of county...........................HB 533 Zoning; conflict of interest; revise provisions....................................................................SB 67
MURDER By vehicle; define offense..................................................................................................HB 687 Homicides; time of death; change certain requirement................................................HB 366
MUSCOGEE COUNTY Board of elections and registration; powers ...................................................................HB 941 Certain constitutional amendment; repeal Act continuing..........................................HB 981 Certain constitutional amendment; repeal Act continuing..........................................HB 982 Homestead exemption; certain residents........................................................................HB 986 Homestead exemption; disabled veterans.......................................................................HB 983 State court; chief assistant solicitor.................................................................................HB 942

N

NASHVILLE WOMAN'S CLUB; commend................................................................HR 306 NATIONAL GUARD
Income tax; certain military service income; exclude...................................................HB 485 Scholarships, loans, grants, insuring of loans; certain
military persons; General Assembly provide - CA....................................................HR 399 NATIONAL GUARD OF BAXLEY, GEORGIA; commend members..................HR 354 NEIGHBORS, MS. JASMINE; commend....................................................................HR 172
NELSON, HOYT L; compensate......................................................................................HR 184 NESSMITH, BEN; commend ...........................................................................................HR 219
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2835

NEWNAN, CITY OF; Newnan-Coweta County Airport Authority; members........HB 1051
NEWTON COUNTY Board of education; compensation...................................................................................HB 327 Homestead exemptions; provide.....................................................................................HB 1005 Industrial development authority; bond issuance .........................................................HB 326
NICHOLS, HAROLD; commend.....................................................................................HR 207
1993 JUNIOR NATIONAL POLLED HEREFORD SHOW; invite to Perry.....HR 41
NO FAULT INSURANCE (See Motor Vehicle Accident Insurance)
NO PASS, NO PLAY; urge State Board of Education to revise policy ....................HR 432
NONPROFIT CORPORATIONS Georgia Property Owners' Association Act; enact.......................................................HB 1078 Hospital authorities; certain organizations; assistance..................................................SB 281 Revise Code .........................................................................................................................HB 226 State employees benefit plans; include certain nonprofit groups...............................HB 306 State employees insurance and benefits plans; include certain service centers.................................................................................................................HB 883 Workers' compensation; certain groups; coverage.........................................................HB 307
NONRESIDENTS Ad valorem tax; property outside state; exempt...........................................................HB 668 Firearms; license to carry; amend provisions....................................................................SB 45 Modification of alimony or child support; jurisdiction.................................................HB 806 Salt-water fishing license; repeal provisions....................................................................SB 374
NORCROSS, CITY OF; council-manager form of government; establish ................HB 553
NORTHEASTERN JUDICIAL CIRCUIT; add judge .............................................HB 939
NORTON, HONORABLE CHERYL; commend...........................................................HR 54
NUISANCES; sodomy and aggravated sodomy; amend Code provisions ..................HB 491
NURSES; accident and sickness insurance; reimbursements for certain service...............................................................................................................HB 228
NURSING HOMES Certain sprinkler system; requirement.............................................................................SB 182 Deficiencies; notification requirements ............................................................................SB 213 House Nursing Home Ombudsman Study Committee; create....................................HR 538 House Nursing Home Regulation and Inspection Study Committee; create............HR 539 Long-term care facilities; irrevocable letters of credit...................................................SB 186 Long-term care facilities; reports of abuse; certain immunity .....................................SB 212 Medical records; access by long-term care ombudsman or Department of Human Resources.........................................................................................................SB 87 Receivership; certain violations.........................................................................................SB 211

o

OATHS OF OFFICE Chambless, Honorable Tommy ..........................................................................................Page 9 Ellard, Honorable Glenn W..............................................................................................Page 10 Representatives-elect...........................................................................................................Page 8
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OCCUPATIONAL THERAPISTS; licensing; provisions ..........................................HB 474
OCONEE COUNTY; school superintendent; appoint...................................................HB 800
OFFICE OF PLANNING AND BUDGET; Department of Audits and Accounts; commend....................................................................................................HR 599
OGEECHEE JUDICIAL CIRCUIT; add judge..........................................................HB 958
OGLETHORPE UNIVERSITY; commend ..................................................................HR 547
OLYMPICS DeKalb County; site for 1996 Olympic tennis events; support...................................HR 266 Georgia State Games Commission; provisions...............................................................HB 804 Joint Session; 1996 Olympics in Atlanta; recognize persons responsible .......................SR 6 License plates; special tags; honor Olympic Games......................................................HB 261 Metropolitan Atlanta Olympic Games Authority; membership..................................HB 921 South Fulton Tennis Center; venue for 1996 Olympic tennis competition; endorse......................................................................................................HR 367
OPERATION DESERT SHIELD; men and women; support..................................HR 132
OPERATION DESERT STORM Desert Storm Monument Commission; create...............................................................HR 414 Georgia National Guard from Jones County; support..................................................HR 615 Men and women of Appling County; support................................................................HR 550 Men and women of Banks County; support...................................................................HR 201 Men and women of Barrow County; support.................................................................HR 429 Men and women of Brantley County; support..............................................................HR 552 Men and women of Catoosa County; support................................................................HR 313 Men and women of Chatham County; support.............................................................HR 420 Men and women of Cherokee County; support.............................................................HR 356 Men and women of Coffee County; support..................................................................HR 277 Men and women of Coweta County; support.................................................................HR 275 Men and women of Crawford County; support.............................................................HR 618 Men and women of Dawson County; support................................................................HR 243 Men and women of Douglas County; support................................................................HR 496 Men and women of Forsyth County; support................................................................HR 342 Men and women of Franklin County; support..............................................................HR 518 Men and women of Gwinnett County; support.............................................................HR 329 Men and women of Hall County; support......................................................................HR 244 Men and women of Hancock County; support..............................................................HR 322 Men and women of Hart County; support.....................................................................HR 519 Men and women of Henry County; support...................................................................HR 304 Men and women of Jackson County; support................................................................HR 202 Men and women of Jasper County; support..................................................................HR 616 Men and women of Jeff Davis County; support............................................................HR 549 Men and women of Jones County; support....................................................................HR 478 Men and women of Lee County; support.......................................................................HR 302 Men and women of Macon County; support..................................................................HR 578 Men and women of Madison County; support..............................................................HR 517 Men and women of Monroe County; support................................................................HR 617 Men and women of Muscogee County; support............................................................HR 362 Men and women of Peach County; support...................................................................HR 577 Men and women of Pickens County; support................................................................HR 355 Men and women of Polk County; support.....................................................................HR 287 Men and women of Putnam County; support................................................................HR 321 Men and women of Stephens County; support..............................................................HR 271 Men and women of Toombs County; support...............................................................HR 551 Men and women of Turner County; support.................................................................HR 216

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2837

OPERATION DESERT STORM (Continued) Men and women of Twiggs County; support.................................................................HR 480 Men and women of Walton County; support.................................................................HR 264 Men and women of Wayne County; support .................................................................HR 548 Men and women of Whitfield County and City of Dalton; support ..........................HR 300 Men and women of Wilkinson County; support............................................................HR 481 Men and women of Worth County; support ..................................................................HR 213 Military personnel of Cobb County; honor ....................................................................HR 238 Multinational coalition; appreciation ...............................................................................SR 133 President Bush, United States Congress, and the men and women in Operation Desert Storm; support............................................................................HR 166
ORGAN DONATIONS; encourage..................................................................................HR 492
OTWELL MIDDLE SCHOOL; commend ....................................................................HR 241
OUZTS, A. LAMAR "BUDDY"; commend ..................................................................HR 375

PAHL, SHIRLEY; commend ............................................................................................HR 221
PAPER MILL OF INLAND-ROME, INC.; commend .............................................HR 398
PARDONS AND PAROLES Certain prisoners and probationers; mandatory educational instruction..................HB 244 Inpatient because of insanity plea; release hearing.......................................................HB 469 State Board; elect members - CA ......................................................................................HR 78
PARENT AND CHILD Adoption; petitions; requirements....................................................................................HB 604 At-risk children and youth; establish goals.....................................................................SB 104 Child abuse; accessing records; amend provisions.........................................................HB 289 Child; born or unborn; unlawful to sell...........................................................................HB 458 Child custody; age at which a child chooses ..................................................................HB 405 Child custody; best interest of child; provide criteria...................................................SB 210 Child custody; certain change of residence; notification..............................................HB 897 Child custody; continuing parental contact; interest of child......................................SB 208 Child custody; revise provisions.......................................................................................HB 445 Child support awards; change method of computation................................................HB 816 Child support; over age 18; high school enrollment....................................................HB 1013 Child support provisions; amend Code...........................................................................HB 547 Child Support Recovery Act; amend provisions............................................................HB 426 Child welfare agency; redefine name and provisions.....................................................SB 123 Civil action; injury to minor child; limitation.................................................................SB 305 Common-law marriage; proof; certain evidence required.............................................HB 539 Death of parent; child age 14 or older select custodial relative..................................HB 692 Demonstration family resource center program; create..............................................HB 1074 Driver's license; learner's permit at age 14; restrictions...............................................HB 247 Estates; child born out of wedlock; inheritance.............................................................HB 251 Family or medical leave; employment...,.........................................................................HB 510 Family violence and protective order violations; arrest without warrant...............................................................................................................HB 298 Family violence offense; additional conditions of bail; authorize ...............................HB 448 Family violence offense; written reports.........................................................................HB 449
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PARENT AND CHILD (Continued) Georgia Child Care Council; create..................................................................................HB 399 Grandparents; no visitation rights; certain cases...........................................................HB 796 Interference with visitation rights; define offense.........................................................HB 243 Joint Study Committee for the Well-being of Georgia's Children; create...............................................................................................................HR 333 Mandatory education; age requirement............................................................................HB 25 Medical consent; certain persons; authorization.............................................................SB 143 Modification of alimony or child support; nonresident; jurisdiction..........................HB 806 Paternity determination; juvenile court jurisdiction; certain cases ..........................HB 1072 Prosecution of felony; victim under age 14; remove limitation...................................HB 571 Schools; compulsory attendance; age................................................................................SB 155 Termination of parental rights; copies of orders.............................................................HB 29 Wrongful death; minor's recovery; guardianship...........................................................HB 181 Year's support; certain items; delete provisions............................................................HB 541 Year's support; determination of amount.......................................................................HB 540
PARKER, ALBERT; commend.............................................................................,..........HR 536
PARKMAN, LEIGH AND CASEY JOHNSON; commend....................................HR 621
PARKS, HISTORIC AREAS AND COMMEMORATIONS Atlanta; restoration of Auburn Avenue; support.............................................................HR 30 Certain state parks; authorize lease of certain tracts....................................................SR 198 Cobb County; Concord Historic District; urge funding for heritage park.................HR 459 Environmental Policy Act; enact ........................................................................................SB 97 Jekyll Island-State Park Authority; membership............................................................HB 48 K. T. Kennedy Reef; designate........................................................................................HR 500 Lake Lanier Islands Development Authority; add members..........................................SB 99 Lorenzo Benn Youth Development Center; designate..................................................HR 157 Mountains and river corridors; protection; provide......................................................HB 643 Oil spills; liability; provisions ............................................................................................SB 179 Parks, historic sites, and recreational areas; regulate parking....................................HB 706 Soil erosion control; buffer zone around stream banks................................................HB 765 "Steve Polk Plaza"; name and erect marker..................................................................HR 162 Stone Mountain Memorial Association; add members....................................................SB 98 Water restrictions; certain landscaping; urge exemption..............................................SR 179
PARRISH, COACH DOUGLAS R.; commend............................................................HR 461
PAWNBROKERS Motor vehicles; storage fees ...............................................................................................SB 336 Pledged goods; motor vehicles..........................................................................................HB 486 Regulation and licensing....................................................................................................HB 471 Used Car Dealers' Registration Act; licensing; exemptions.........................................HB 594
PEACE OFFICERS (See Law Enforcement Officers and Agencies)
PEACH COUNTY Annexation of property......................................................................................................HR 133 Hospital authority; vacancies..........................................................................................HB 1058
PENAL INSTITUTIONS Act defining incorrigible child; change effective date to July 1, 1992 .......................HB 560 Certain county offenders; home arrest program............................................................HB 379 Certain county offenders; work release program...........................................................HB 380 Certain prisoners and probationers; mandatory educational instruction ..................HB 244 Certain public employees; indemnification; $100,000...................................................HB 705 Correctional Education School Authority; create..........................................................HB 517 County jails; certain conditions; dispatcher serve as jailer ..........................................HB 487

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2839

PENAL INSTITUTIONS (Continued) Criminal solicitation; increase penalty............................................................................HB 331 Death penalty; televise executions...................................................................................HB 110 Detention facilities; certain municipalities; dispatcher serve as jailer...................................................................................................................HB 731 Georgia Correctional Industries; executive officer; compensation ..............................HB 763 Ignition interlock device; condition of probation for driving under the influence.........................................................................................................HB 165 Indemnification, time limit for filing application; certain Public Service Commission personnel, eligibility...................................................................HB 454 Inmates with infectious disease; notify agency transporting.......................................HB 288 Inmates with infectious disease or HIV infected; notification.....................................SB 128 J. Carrell Larmore Probation Detention Center; designate.........................................HR 155 Jails and other detention facilities; escape; felony offense..........................................HB 566 Juvenile proceedings and parental rights; amend Code.............................................HB 1076 Law enforcement agencies; use of deadly force to prevent escapes or apprehend escapees...................................................................................................HB 186 Motor vehicle theft; sentence; special alternative incarceration or boot camp............................................................................................SB 350 Municipalities; inmates; responsibility............................................................................HB 502 Offenses bailable only before superior court; certain instances; provide ............................................................................................................SB 388 Pardons and Paroles Board; elect members - CA...........................................................HR 78 Prison inmates or personnel; random drug testing .......................................................HB 248 Probate and magistrate courts; probation services; provide.........................................SB 224 Probation; collection of fines, costs, restitution, and reparation; deposit of court costs.................................................................................HB 823 Probation; community service; prohibit private gain....................................................HB 125 Probation; sexual assault against probationer ..................................................................SB 57 Probation supervisors; compensation supplement.........................................................HB 409 Special alternative incarceration-probation boot camp.................................................SB 177 Uniform drug testing; provisions....................................................................................HB 1066
PENSIONS (See Retirement and Pensions)
PEPPERELL HIGH SCHOOL DRAGONS FOOTBALL TEAM; commend ...HR 199
PERRIN, JOEL CHRISTOPHER; condolences..........................................................HR 214
PERRY, LEVI HERBERT; commend ...........................................................................HR 557
PERSONAL CARE HOMES Contested licenses; hearing officer...................................................................................HB 389 Evidence in mitigation and explanation.......................................................................HB 1080
PESTICIDES AND PEST CONTROL Boll weevil eradication; cotton destruction; exemption................................................HB 475 State Structural Pest Control Commission; expand powers.........................................SB 416
PETERMAN, WALTER AND RHUNELLE; fiftieth anniversary; commend......HR 484
PETERS, SERGEANT ROBERT; commend...............................................................HR 309
PETROLEUM PRODUCTS (See Gas, Gasoline and Gas Service)
PHARMACISTS (See Prescription Drugs and Pharmacists or Professions and Businesses)
PHYSICAL THERAPISTS; licenses; State Board's authority..................................HB 185
PHYSICIANS AND OSTEOPATHS Abortions; advertisements; include physicians' names and degrees.........................HB 1064

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2840

INDEX

PHYSICIANS AND OSTEOPATHS (Continued) Abortions; informed consent...........................................................................................HB 1062 Anesthesiologists; supervise four physician's assistants ...............................................HB 214 Certain waste treatment facility; permit..........................................................................SB 268 Cardiopulmonary resuscitation; candidate for nonresuscitation; procedures...........................................................................................................................SB 93 Department of Medical Assistance; agency rules; applicability................................HB 1069 Emergency medical services; intravenous fluids on vehicles; requirements.....................................................................................................................SB 284 Generic substitute for topically applied drugs; limitations..........................................HB 348 Georgia Comprehensive Health Insurance Pool Act; enact.......................................HB 1085 Health insurance; urge coverage of experimental prescription drugs........................HR 212 Injured employees; designated physician; provisions....................................................HB 349 Medical consent; certain persons; authorization.............................................................SB 143 Medical malpractice; expert witness; qualifications......................................................HB 621 Professional malpractice, expert witness; continuances, General Assembly staff or absence of witness ..........................................................................HB 461 Proprietary schools; certain nonpublic medical schools; exemption...........................HB 582 Psychologists; scope of service..........................................................................................HB 408 Torts; medical malpractice; definitions...........................................................................HB 721 Uncompensated medical care; limitation on liability....................................................HB 681
PICKENS COUNTY Board of commissioners; create........................................................................................HB 976 Homestead exemption; elderly.........................................................................................HB 830
PIERCE COUNTY; certain commissioners; compensation...........................................SB 398
PIERCE, JASON; commend ...............................................................................................HR 50
PIERCE, JEFFREY; commend..........................................................................................HR 51
PIERCE, MONIQUE AND JENNIFER SPRAYBERRY; commend..................HR 533
PIKE COUNTY Ad valorem tax exemption; elderly..................................................................................HB 593 Pike Clean and Beautiful Authority; create...................................................................HB 899
PINE LAKE, CITY OF; new charter..............................................................................HB 864
PITTMAN, JOHN WILLIAM "JUDGE"; condolences............................................HR 580
PLANNING (See Zoning)
POLLACK, JACKSON "POLLARD"; commend.......................................................HR 282
PONDER, VALERIE, JAY DANIEL, AND CHRISTOPHER STANLEY; commend......................................................................................................HR 192
POOR IN GEORGIA; recognize plight.............................................................................HR 60
POPE, MISS KATHERINE; commend.........................................................................HR 583
PORTER, HONORABLE DUBOSE; commend..........................................................HR 541
PORTER, MS. SHEILA DENISE; condolences............................................................HR 96
PORTS (See Waters, Ports and Watercraft)
POSITIVE IMAGES ENTERPRISES AND NUBIAN EXPRESSIONS Commend .............................................................................................................................HR 180
POST MORTEM EXAM ACT Death investigations; autopsy and limited dissection; redefine...................................SB 322

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2841

POST MORTEM EXAM ACT (Continued) Death investigations; certain requirements....................................................................HB 520 Death investigations; certain requirements ....................................................................HB 673
POSTSECONDARY EDUCATION Campus policemen; certain colleges; repeal certain definition....................................HB 610 Colleges; full-tuition scholarship program .........................................................................SB 31 Colleges; Matthews-Dent scholarships; establish...........................................................HB 176 Educational institutions; certain documents; unlawful .................................................SB 313 Educational loans; certain teachers; service cancelable................................................HB 305 Full-tuition scholarship program; provide ......................................................................HB 515 Georgia Education Authority (University) Act; amend.................................................SB 167 Georgia Military College; two-year limit; delete............................................................HB 842 House Postsecondary Vocational Education Laboratory, Equipment, and Library Research Needs Study Committee; create ...........................................HR 100 Local school districts or systems; bonded indebtedness; State Board withhold state moneys for payment ................................................................HB 792 Motor vehicle insurance; defensive drivers and honor students; discount............................................................................................................................HB 145 Proprietary schools; additional limited exemption........................................................HB 477 Proprietary schools; amend provisions ............................................................................HB 317 Proprietary schools; certain nonpublic medical schools; exemption...........................HB 582 Proprietary schools; fees; collection.................................................................................HB 318 Proprietary schools; job placement of graduates...........................................................HB 301 Proprietary schools specializing in religious instruction; exemption ..........................HB 225 Proprietary schools specializing in religious instruction; exemption...........................SB 407 Proprietary schools; tuition guaranty trust fund; establish.........................................HB 319 Quality Basic Education; certain psychiatric or psychological courses; boards adopt policies.......................................................................................HB 404 Quality Basic Education; educational program assessments; amend provisions.............................................................................................................SB 328 Right to vote; student awareness; urge...........................................................................HR 297 Scholarships; certain offices; promote programs ...........................................................HB 695 Schools; sex education and AIDS prevention; sexual abstinence................................HB 675 Students; certain school-sponsored activities; eligibility..............................................HB 768 University of Tennessee; permit attendance of certain Georgia residents without out-of-state fees; urge.....................................................................HR 131 University System; earned credit hours; relative to expiration...................................HR 543 University System Laboratory, Equipment, Rehabilitation Technology, and Eminent Scholars Endowment Study Committee; create............HR 99
POWDER SPRINGS, CITY OF; corporate limits........................................................SB 332
POWELL, HONORABLE ROMAE TURNER; condolences.....................................HR 92
PRESCRIPTION DRUGS AND PHARMACISTS Accident and sickness insurance; mail order pharmacies.............................................HB 279 Generic substitute for topically applied drugs; limitations..........................................HB 348 Health insurance; urge coverage of experimental prescription drugs ........................HR 212 House State Health Benefit Plan Pharmacy Program Study Committee; create...........................................................................................................HR 442 House Tiered Pricing of Pharmaceuticals Study Committee; create.........................HR 571 Hydromorphone oral tablets; prohibit oral prescription ..............................................HB 137 Medical assistance; certain drugs; prior authorization and approval.........................HB 472 Pharmacists; equivalent name drugs or generic drugs..................................................HB 131 Pharmacists; license hearings; certain disabilities.........................................................HB 136
PRESIDENT GEORGE BUSH Invite to Southeast Georgia Veteran's Day Celebration.................................................SR 56

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2842

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PRESIDENT GEORGE BUSH (Continued) Persian Gulf crisis; support...............................................................................................HR 118 President Bush, United States Congress, and men and women in Operation Desert Storm; support.................................................................................HR 166
PREVENTION P.L.U.S. (POSITIVE LEADERSHIP UTILIZING STUDENTS); commend........................................................................HR 434
PRIMARIES (See Elections)
PRINTING AND DOCUMENTS Photographs or reproductions; sheriffs; right to make; fees.........................................SB 345 State agencies; receipt of certain documents; requirements........................................HB 118
PRISONS (See Penal Institutions)
PRIVATE DETECTIVE AND PRIVATE SECURITY BUSINESS Denial of license..................................................................................................................HB 160 Licenses; revise provisions.................................................................................................HB 772
PRIVATE WAYS; maximum width; 30 feet...................................................................HB 630
PROBATE COURTS Chief clerk perform marriages; certain counties............................................................HB 702 Chief clerk perform marriages; certain counties............................................................HB 703 Chief clerk's qualifications and powers; certain counties.............................................HB 704 Certain misdemeanor cases; jurisdiction.......................................................................HB 1098 Certain misdemeanor cases; jurisdiction.......................................................................HB 1099 Consolidation of records; automation..............................................................................HB 529 Costs; increase for automated record keeping................................................................HB 537 Firearms; license to carry; amend provisions....................................................................SB 45 Fireworks; certain types; sales........................................................................................HB 1035 Judges; office hours; exception..........................................................................................SB 291 Judges; nonpartisan election.............................................................................................HB 211 Judges; nonpartisan election - CA...................................................................................HR 102 Judges; nonpartisan election; qualifying............................................................................SB 62 Mental health hearings; payment of expenses...............................................................HB 213 Probate and magistrate courts; probation services; provide.........................................SB 224 Retirement Fund; add Board member...............................................................................SB 46 Self-proved will; testator and witnesses; affidavits.......................................................HB 556 Wills; lost or destroyed; copy accepted for probate......................................................HB 440 Wills; lost or destroyed; copy accepted for probate.........................................................SB 41
PROBATION Certain prisoners and probationers; mandatory educational instruction..................HB 244 Collection of fines, costs, restitution, and reparation; deposit of court costs.....................................................................................................HB 823 Community service; prohibit private gain......................................................................HB 125 Courts; shorten period of probation; jurisdiction..........................................................HB 170 Ignition interlock device; condition of probation for driving under the influence.........................................................................................................HB 165 J. Carrell Larmore Probation Detention Center; designate.........................................HR 155 Offenses bailable only before superior court; certain instances; provide ............................................................................................................SB 388 Probate and magistrate courts; services; provide...........................................................SB 224 Sexual assault against probationer .....................................................................................SB 57 Special alternative incarceration-probation boot camp.................................................SB 177 Supervisors; compensation supplement...........................................................................HB 409
PROFESSIONS AND BUSINESSES Accident and sickness insurance; reimbursements for certain service.......................HB 228

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2843

PROFESSIONS AND BUSINESSES (Continued) Acupuncturists; regulation..................................................................................................HB 88 Ambulance service; license requirements............................................................................HB 5 Anesthesiologists; supervise four physician's assistants...............................................HB 214 Athletic Trainers, Board of; define athletic injury and athletic trainer.................................................................................................................HB 437 Auctioneers; education, research, and recovery fund; create........................................SB 161 Auctioneers; license requirement; continuing education...............................................SB 160 Barbershops and schools; sanitary precautions; comply.............................................HB 1077 Business records; three-year retention ............................................................................HB 208 Certain business loans; authorize guaranteed revenue debt - CA..............................HR 385
Certain phone conversations; monitor or record; customer service purposes..............................................................................................................HB 798
Certain waste treatment facility; permit..........................................................................SB 268 Certified public accountant; educational requirements................................................HB 351 Charitable organizations; financial statements...............................................................SB 163 Check cashers; licensing; change exemption...................................................................HB 470 Clinical laboratories; examination of specimens; request by
chiropractors....................................................................................................................HB 328 Conditioned air contractors; licenses; continuing education........................................HB 295 Contact lenses; restrictions on sales.................................................................................SB 299 Cosmetologists; continuing education...............................................................................SB 181 Dental hygienist; temporary license.....................................................................................HB 4 Dentistry; practicing without license; increase penalty.................................................SB 159 Dentistry; scope of practice...............................................................................................HB 315 Dentists; advertising; names; provisions .........................................................................HB 849 Dentists; continuing education .........................................................................................HB 267 Dentists or dental hygienists; licenses; continuing education..........................................HB 3 Division of Irrigation Contractors; create.......................................................................HB 559 Dog racing; authorize pari-mutuel wagering.....................................................................HB 54 Dog racing; provide for pari-mutuel wagering - CA........................................................HR 26 Driver training schools; surety bond, fee, and license provisions...............................HB 824 Electrical contracting license; include low-voltage contracting...................................HB 869 Electrical contractors, plumbers, conditioned air
contractors, low-voltage contractors, and utility contractors; change declaration of purpose......................................................................................HB 797 Electricity Generating Plant Condemnation Review Board; create ...........................HB 898 Engineers and land surveyors; amend provisions..........................................................HB 143 Engineers and land surveyors; define land surveying....................................................SB 197 Equine Activities Immunity Act; enact...........................................................................HB 292 Fire Sprinkler Act; amend.................................................................................................HB 272 Funeral directors and embalmers; apprenticeship; registration..................................HB 576 Funeral home; property dedicated for cemetery; requirements...................................SB 236 Geologists; supervision by board approved individuals; amend provisions..........................................................................................................................SB 188 Georgia Certified Fire Investigators Act; enact.............................................................HB 969 Georgia Science and Technology Commission; create..................................................HB 757 Health care providers; certain advertisement; deceptive .............................................HB 774 Hearing aid dealers and dispensers; Board composition; licenses...............................SB 222 Home beauty shop; mobile home or van; operation......................................................HB 749 Horse racing; authorize pari-mutuel wagering.................................................................HB 55 Horse racing; provide for pari-mutuel wagering - CA....................................................HR 22
House Nursing Home Ombudsman Study Committee; create....................................HR 538
House Nursing Home Regulation and Inspection Study Committee; create............HR 539
Income tax credit; certain businesses in certain counties............................................HB 489
Insurable interest; charitable institution; life of donor................................................HB 903
Interior Designers, Board of Registration; create...........................................................SB 168

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2844

INDEX

PROFESSIONS AND BUSINESSES (Continued) Laundries, cleaners, and similar establishments; liens; alternative method ..........................................................................................................SB 243 Laundry or dry cleaning equipment; regulation; certain exception............................HB 114 Libraries; boards of trustees; ex officio members..........................................................HB 584 Licensed check cashers; surety bonds .............................................................................HB 383 Mechanics' and materialmen's liens; suppliers of rental equipment for improvement of real estate; provisions .................................................................HB 628 Mechanics' and materialmen's liens; suppliers of rental equipment for improvement of real estate; waiver and bond rights..........................................HB 528 Massage, State Board of; create.....................................................................................HB 1071 Massage therapists; registration; requirements............................................................HB 1070 Massage therapists; regulations........................................................................................HB 192 Master plumbers; licensing; examination requirements ...............................................HB 581 Medical malpractice; expert witness; qualifications ......................................................HB 621 Nursing homes; certain sprinkler system; requirement.................................................SB 182 Occupation tax; practitioner's principal office; amend.................................................HB 697 Occupation tax; principal office; certain contractors....................................................HB 750 Occupation tax; principal office; maximum....................................................................HB 624 Occupational therapists; licensing; provisions................................................................HB 474 Pari-mutuel racetracks and wagering; authorize ...........................................................HB 777 Pawnbrokers and leasing and rental companies; licensing as used car dealers; exemptions ........................................................................................HB 594 Pawnbrokers; motor vehicles; storage fees.......................................................................SB 336 Pawnbrokers; pledged goods; motor vehicles.................................................................HB 486 Pawnbrokers; regulation and licensing............................................................................HB 471 Personal care homes; contested licenses; hearing officer..............................................HB 389 Personal care homes; evidence in mitigation and explanation..................................HB 1080 Pharmacists; equivalent name drugs or generic drugs..................................................HB 131 Pharmacists; license hearings; certain disabilities..........,..............................................HB 136 Physical therapists; licenses; State Board's authority ..................................................HB 185 Private detective and private security agency; denial of license.................................HB 160 Private detective and private security business; licenses; revise provisions.........................................................................................................................HB 772 Psychologists; licensure; provisions...................................................................................SB 338 Public libraries; boards of trustees; compensation........................................................HB 579 Radiation-generating equipment license, post bond; tanning facilities, provisions........................................................................................................HB 894 Real estate appraisers; license; qualifications ...................................................................SB 82 Real estate brokers and salespersons; trust accounts; interest-bearing.............................................................................................................HB 1002 Real Estate Commission; terms of office........................................................................HB 430 Real estate licenses; revisions...........................................................................................HB 224 Recreation Examiners, Board of; licensure and certification; provisions..........................................................................................................................SB 107 State Structural Pest Control Commission; expand powers.........................................SB 416 Toilets, shower heads, faucets in buildings; requirements...........................................HB 605 Torts; medical malpractice; definitions...........................................................................HB 721 Uncompensated medical care; limitation on liability....................................................HB 681 Veterinary medicine; certain dental procedures............................................................HB 446
Water and wastewater treatment plant operators and laboratory analysts; continuation ....................................................................................................HB 558
Water system services; rates, fees, charges; county set..............................................HB 1057
Water well contractors; license renewal; examination..................................................HB 748
Water Well Standards Advisory Council; continuation................................................HB 616
Workers' compensation; owner-operator of certain equipment; independent contractor..................................................................................................HB 773

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2845

PROPERTY Acquired by state; reduced ad valorem tax liability.....................................................HB 435 Ad valorem tax; appraisal staff; access ...........................................................................HB 264 Ad valorem tax; conservation use property; residential transitional property; timber ........................................................................................HB 283 Ad valorem tax, definitions; tangible property, assessment ........................................HB 463
Ad valorem tax; fair market value; federal or state restrictions on property use..........................................................................................HB 233
Ad valorem tax; motor vehicles and mobile homes; certain requirement.................HB 943 Ad valorem tax; outside state; exempt............................................................................HB 668 Ad valorem tax; property value; acquisition - CA.........................................................HR 188 Ad valorem tax; ratio of assessed value to true value; school purposes .....................SB 201 Ad valorem tax; real estate transfer tax, filing; boards of
equalization, taxpayer's appeal......................................................................................SB 103 Airports; acquisition; consent of electors ........................................................................HB 121 Airports; certain acquisitions; zoning laws .......................................................................HB 46 Airports; certain condemnation; prohibit........................................................................HB 548 Airports; extraterritorial condemnation ...........................................................................HB 45 Cemeteries and burial grounds; preservation; local government.................................HB 402 Certain lease agreements; discharge of sales and use tax............................................HB 431 Certain property; municipalities enter into contract; authorization ...........................SB 169 Certain taxpayer appeals; file surety bonds; exception................................................HB 340 Condominiums; certain expenses; liability......................................................................HB 543
Counties and municipalities; property acquisition for airport runways; referendum......................................................................................................HB 166
Counties; contractors' purchase of materials; requirements........................................HB 693 Deeds to secure debt; cancellation; time limit.................................................................HB 97 Derelict motor vehicles; disposition .................................................................................HB 783
Dispossessory proceedings; summons, service, answers, defenses, and counterclaims; magistrate court............................................................................HB 569
Electricity Generating Plant Condemnation Review Board; create ...........................HB 898 Engineers and land surveyors; amend provisions..........................................................HB 143 Engineers and land surveyors; define land surveying....................................................SB 197 Excise tax; state and county; solid minerals severance................................................HB 696 Funeral home; property dedicated for cemetery; requirements...................................SB 236 Georgia Airport Development Authority Law; enact....................................................HB 525 Georgia Property Owners' Association Act; enact.......................................................HB 1078 Georgia Trust Act; enact ...................................................................................................HB 794 Goods and services; regulating cost; exemptions...........................................................HB 747 Homestead exemptions; application date .....................................................................HB 1003 Hospitals; perfecting lien; time period.............................................................................SB 170 Indian burial grounds, human remains, and burial objects; protection.....................HB 457 Intangible tax; increase certain rates...............................................................................HB 545 Interlocutory hearings; compensation for property acquisition .....................................SB 88 Killing wildlife at night; condemnation; official use.....................................................HB 811 Landlord and tenant; security deposits; military personnel ........................................HB 134 Land use covenants; continuation.....................................................................................SB 133 Liens; laundries, cleaners, and similar establishments;
alternative method ..........................................................................................................SB 243 Local governments; fair rent commission .......................................................................HB 111
Mechanics' and materialmen's liens; notification after filing......................................HB 223
Mechanics' and materialmen's liens; suppliers of rental equipment for improvement of real estate; provisions .................................................................HB 628
Mechanics' and materialmen's liens; suppliers of rental equipment for improvement of real estate; waiver and bond rights ..........................................HB 528
Motor Vehicle Chop Shop and Stolen and Altered Property Act; enact..................HB 836
Motor vehicles; moving or storing; liens..........................................................................SB 339

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2846

INDEX

PROPERTY (Continued) Motor vehicles; pawnbroker's storage; fees .....................................................................SB 336 Mountains and river corridors; protection; provide ......................................................HB 643 Pawnbrokers; pledged goods; motor vehicles .................................................................HB 486 Pawnbrokers; regulation and licensing............................................................................HB 471 Personal property; in custody of law enforcement agency; disposition .....................HB 531 Political subdivisions; property purchase; appraisal requirements.............................HB 499 Posted against hunting; mark trees with royal purple paint.......................................HB 745 Private ways; maximum width; 30 feet...........................................................................HB 630 Public road purpose; wetland mitigation........................................................................HB 674 Real property for railroad operations; acquisition by Georgia Building Authority..........................................................................................................HB 578 Restrictive covenants; limitation on action; building set-back line............................HB 259 School systems; multiyear lease, purchase, or lease purchase contracts; real property limitations..............................................................................HB 321 Tax assessors; appeal of certain valuations; additional duties ....................................HB 257 Tax deferral for the elderly; alternative method...........................................................HB 505 Tax deferral for the elderly; annual income of $25,OOO................................................HB 507 Tax deferral for the elderly; annual income of $40,OOO................................................HB 506 Tax deferral for the elderly; certain counties; alternative method.............................HB 503 Tax deferral for the elderly; certain counties; repeal alternative method..........................................................................................................HB 504 Tax execution; administration levy; attorney's fees.........................................................SB 56 Tax sale; right to redeem property; expiration ............................................................HB 1095 Tenant set aside dispossessory default.........................................................................HB 1079 Torts; personal property; theft or damage; liquidated exemplary damages .........................................................................................................SB 184 Torts; unliquidated damages; interest..............................................................................SB 325 Use covenants; continuation..............................................................................................SB 133 Wills; lost or destroyed; copy accepted for probate......................................................HB 440 Wills; lost or destroyed; copy accepted for probate.........................................................SB 41
PRUETT, DARLA; invite to House ................................................................................HR 369
PRYOR, JAMES JARRATT; commend.........................................................................HR 56
PUBLIC ASSISTANCE Dependent children receiving aid; mandatory school attendance; exception..........................................................................................................................HB 895 Food stamp recipients; photo identification...................................................................HB 893 Medicaid; improve and enhance program; urge Georgia Congressional delegation ...............................................................................................HR 189 Poor in Georgia; recognize plight.......................................................................................HR 60 Public assistance checks; urge banks to cash...................................................................HR 23 Special Program of Services for At-Risk Children and Families Act; enact.......................................................................................................................HB 1073 State lottery; indigent care and educational purposes - CA..........................................HR 36 Technology Related Assistance Trust Fund for Individuals with Disabilities and the T echnology Related Assistance Trust Fund for Individuals with I isabilities Commission; enact..................................................SB 269
PUBLIC BUILDINGS Elevators, dumbwaiters, escalators, manlifts, and moving walks; inspection and fees; time limit.....................................................................................HB 439 Excise tax; public accommodations; nonprofit organizations........................................HB 57 Multifamily dwellings; specifications; handicapped persons........................................HB 522 Smoking; amend provisions...............................................................................................HB 728 Toilets, shower heads, faucets in buildings; requirements...........................................HB 605

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2847

PUBLIC CONTRACTS Georgia Register Act; enact................................................................................................SB 379 Public works contracts; preference to Georgia contractors..........................................HB 993 State contracts; minority businesses; certification .........................................................SB 144
PUBLIC OFFICERS AND EMPLOYEES Alien; employment loyalty oath; delete certain reference ............................................HB 190 Asbestos; private companies assisting state; liability insurance...................................SB 342 At-risk children and youth; establish goals.....................................................................SB 104 Bribery; define offense..........................................................................................................SB 72 Budgets; long-term plans; cost-benefit reviews of programs ........................................SB 410 Campaign contributions; limitations................................................................................HB 521 Campaign contributions; limitations ....................................................................................SB 4 Campaign contributions; limitations ..................................................................................SB 18 Campaign contributions; unopposed candidates; disclosure........................................HB 229 Campaign literature; regulation provisions........................................................................SB 22 Candidates; expenditures; limitations .............................................................................HB 678 Certain elected officials; plurality of votes - CA .............................................................HR 38 Certain final conviction; ineligible for office ..................................................................HB 255 Certain public employees; indemnification; $100,000...................................................HB 705 Clerk of the House and Secretary of the Senate; succession to office.......................HB 173 Compensation of local officials set by continued Constitutional Amendment; General Assembly change by local law - CA........................................HR 33 Coroners; training course......................................................................................................SB 33 Death investigations; autopsy and limited dissection; redefine ...................................SB 322 Death investigations; certain requirements....................................................................HB 520 Death investigations; certain requirements ....................................................................HB 673 Department of Natural Resources; unclassified hourly employees; selection............................................................................................................................HB 938 Drug Testing of Safety Sensitive and Critical Personnel Act of 1991; enact...................................................................................................................HB 933 Elections; certain petitions; one signature per card.........................................................SB 25 Elections; plurality vote: exceptions................................................................................HB 100 Emergency manageme, rescue specialist; indemnification ........................................HB 238 Employees' Retirement System; certain Center for Disease Control service credit....................................................................................................................HB 913 Employees' Retirement System; certain day laborers; service credit.........................HB 936 Employees' Retirement System; certain out-of-state service.......................................HB 715 Employees' Retirement System; new agencies; membership.........................................HB 41 Employees' Retirement System; reemployment penalties; over 1040 hours .............HB 309 Employees' Retirement System; Vietnam service credit..............................................HB 865 Employees' Retirement System; Vietnam service credit..............................................HB 924 Employees' Retirement System; transfer service to Teachers Retirement System.........................................................................................................HB 717 Employees' Retirement System; 32 years service..........................................................HB 138 Employment announcements; posting date....................................................................HB 591 Environmental Protection Division; appoint director....................................................SB 102 Environmental Protection Division; director; provide....................................................HB 79 Executive branch; certain agency subdivisions; name change procedure ..................HB 603 Executive officer; compensation.......................................................................................HB 763 Financial disclosure reports; gifts, food, entertainment, lodging over $200; certain information required....................................................................HB 1042 Financial disclosure reports; unopposed candidate.......................................................HB 196 General Assembly; expense accounts; documentation ..................................................HB 119 General Assembly; expense accounts; documentation .....................................................SB 54 General Assembly members; full-time officials; salary supplement .........................HB 1043 Georgia Airport Development Authority Law; enact....................................................HB 525 Georgia Tort Claims Act; enact........................................................................................HB 606

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2848

INDEX

PUBLIC OFFICERS AND EMPLOYEES (Continued) Governor and Lieutenant Governor; one six-year term - CA........................................HR 17 Health insurance; benefits for certain district attorney personnel.............................HB 194 Indemnification, time limit for filing application; certain Public Service Commission personnel, eligibility...,...............................................................HB 454 Injured employees; designated physician; provisions....................................................HB 349 Insurance regulations; amend Code ..................................................................................SB 347 Judicial Nominating Commission; provide .....................................................................HB 299 Lieutenant Governor and Speaker of the House; limit terms of office - CA...................................................................................................................HR 209 Lobbying; registration of representatives of state agencies ...........................................HB 20 Lobbying; registration of representatives of state agencies .........................................HB 268 Lobbying; registration of representatives of state agencies ............................................SB 55 Local governments; officers and employees; defenses ...................................................SB 279 Loyalty oath; change provisions .......................................................................................HB 191 Loyalty oath; delete ce. ".ain reference .............................................................................HB 189 Merit system; hearings; employee representation..........................................................HB 109 Merit system; permanent employees; adverse actions...................................................SB 106 Merit system; sick leave.....................................................................................................HB 112 Merit system; sick leave; utilization...................................................................................SB 17 Office of Planning and Budget director; member; State Financial and Investment Commission - CA................................................................................SR 200 Public Employee Hazardous Chemical Right to Know Act; amend...........................HB 217 Public Employees Relations Act of 1991; enact.............................................................HB 862 Public information services and materials; user fees..................................................HB 1004 Recall Act of 1989; amend provisions ..............................................................................SB 382 Retiree; return to service; less than 1040 hours.............................................................HB 310 Retirees; health care benefits; prefunding......................................................................HB 296 Retirement systems; boards of trustees; membership......................,..............................HB 42 Smoking; amend provisions...............................................................................................HB 728 State and political subdivisions; garnishments; charges for answering......................HB 384 State Board of Education; delegate certain powers to State School Superintendent...................................................................................................HB 959 State employees health insurance; certain services; require coverage........................HB 872 State employees insurance and benefits plans; certain service centers; inclusion.............................................................................................................HB 883 State employees on military duty; rights...........................................................................SR 31 State lottery; provisions.....................................................................................................HB 780 State officers and employees; political activities; authorization ....................................SB 23 State officials; reports to General Assembly, method....................................................SB 176 Technical and adult education; employees; payroll deduction; certain charity..................................................................................................................SB 180 Technical and adult education; reduction in force; State Board develop policy..................................................................................................................HB 320 Truthful reports from certain persons; privileged communications ............................SB 285 Vacancies in office; appointments.,..................................................................................HB 235 World Congress Center; amend provisions .....................................................................HB 928
PUBLIC PROPERTY Acquisition by state; reduced ad valorem tax liability.................................................HB 435 Baldwin County; convey property.......................................................................................SR 90 Baldwin County; convey property.....................................................................................SR 106 Bartow County; convey property .....................................................................................HR 103 Brantley County; convey property....................................................................................SR 140 Certain counties; grant easement.....................................................................................HR 160 Certain state parks; authorize lease of certain tracts ....................................................SR 198 Chatham County; convey property.....................................................................................SR 96 Cobb County; grant easement.............................................................................................SR 40

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2849

PUBLIC PROPERTY (Continued) Dawson County; grant easement.........................................................................................SR 42 Dodge County; grant easement...........................................................................................HR 73 Dougherty County; convey property................................................................................HR 150 Early County; grant easement.............................................................................................SR 44 Fannin and Gilmer counties; grant easement..................................................................HR 80 Floyd County; convey property..........................................................................................HR 74 Fulton County; convey and accept property.....................................................................SR 68 Fulton County; convey property.........................................................................................SR 67 Monroe County; grant easement.........................................................................................SR 55 Natural Resources Department Regional Headquarters in Brunswick; dedicate in honor of Samuel Thomas Cofer...............................................................HR 337 Real property for railroad operations; acquisition by Georgia Building Authority..........................................................................................................HB 578 Regional development centers; ratify certain transfer....................................................HR 15 Regional development centers; ratify certain transfer....................................................HR 79 Seminole County; convey property .....................................................................................SR 45 State Arboretum of Georgia; designate Thompson Mills forest of University of Georgia ................................................................................................HR 225 State Arboretum of Georgia; designate Thompson Mills forest of University of Georgia .................................................................................................SR 129 State property; lease or rental approval; State Properties Commission ....................HB 418 Transportation projects; private entity contracts; authorize .....................................HB 1081 Troup County; grant easement............................................................................................SR 39 Turner County Peanut Monument; proclaim as official state peanut monument...........................................................................................................HR 412 Warm Springs, City of; lease property ............................................................................HR 352 Wayne County; grant easement ..........................................................................................SR 94 Wetlands Conservation Study Committee; create...........................................................HR 19 Whitfield County; grant easement......................................................................................SR 41
PUBLIC RECORDS Probate courts; consolidation of records; automation...................................................HB 529 Public information services and materials; user fees..................................................HB 1004 Vital records; confidentiality.............................................................................................SB 229
PUBLIC SAFETY, DEPARTMENT OF (Also, see Driver's License or Law Enforcement Officers and Agencies) Accident reports; fees.........................................................................................................HB 122 Controlled substances or marijuana; misdemeanor possession conviction; driver's license suspension.............................................................................................HB 123 Controlled substances or marijuana; misdemeanor possession conviction; driver's license suspension..............................................................................................SB 290 Domestic violence; specialized training for peace officers............................................HB 444 Driver's license suspension; change provisions and penalties.......................................SB 274 Driver's license suspension; payment of fines.................................................................SB 191 Driver's license suspension; refusing to submit to chemical test................................HB 451 Driver's license suspension; reinstatement .....................................................................HB 840 Elections; license examiners shall be deputy registrars................................................HB 206 Firearms; regulation by state; exclusions........................................................................HB 375 Georgia Certified Fire Investigators Act; enact.............................................................HB 969 Juries; furnish certain list...................................................................................................HB 21 Law enforcement agencies; copies for certain solicitations; prohibit ..........................SB 376 Law enforcement officers; complaints against; establish criteria................................HB 854 Law enforcement officers; certain speeds; use blue light and siren ...........................HB 751 License examiners; deputies to certain boards of registrars........................................HB 473 Motor vehicle accidents; access to records.....................................................................HB 133 Motor vehicle insurance; new policy reports..................................................................HB 645

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2850

INDEX

PUBLIC SAFETY, DEPARTMENT OF (Also, see Driver's License or Law Enforcement Officers and Agencies) (Continued) Motor vehicle insurance; notice of cancellation.............................................................HB 352 Peace Officer and Prosecutor Training Fund; disbursements......................................SB 164 Peace officers; basic training course; completion ..........................................................HB 631 Retirement systems; employer contribution rates; provisions.......................................HB 43 Safety belts; failure to use; penalty...................................................................................HB 13 Simple battery against police officer; punishment.........................................................SB 255 State Patrol; educational requirements............................................................................SB 172
PUBLIC SCHOOL EMPLOYEES Certain officials and employees; serve as substitute teachers.....................................HB 625 Education; department personnel; salary limit..............................................................HB 817 Professional school personnel; certification; waive certain fees ..................................HB 391 Public retirement systems; temporary disability; creditable service..........................HB 734 Quality Basic Education; midterm adjustment; program adjustment........................HB 393 Retirement; disabled; reduce years ..................................................................................HB 633 School closing; certain conditions; certain personnel authorized to leave.........................................................................................................HB 453 School personnel; sick leave; personal and professional use........................................HB 851 Teachers and public school employees; health insurance; amend provisions.............................................................................................................SB 190 Teachers and substitute teachers; daily planning period.............................................HB 372 Teachers; duty-free lunch periods....................................................................................HB 373 Teachers, duty-free lunch periods; Teachers of the Year, salary increases; at-risk student pilot projects, decategorization of funds...........................SB 71
PUBLIC UTILITIES AND TRANSPORTATION ADAD equipment; use with long-distance telephone calls; urge Federal Communication Commission regulate...........................................................HR 379 Aliens; prohibit ownership of public utilities...................................................................HB 12 Amtrak; proposed service through Georgia; endorse ....................................................HR 286 Consumers' utility counsel; change automatic repeal...................................................HB 262 Consumers' utility counsel; change automatic repeal....................................................SB 101 Counties and municipalities; airport outside boundary; Transportation Board approval................................................................................................................HB 848 Electricity Generating Plant Condemnation Review Board; create ...........................HB 898 Electric membership corporations; cable television; own systems, furnish service.................................................................................................................HB 892 Electric membership corporations; urge study by Public Services and Utilities Subcommittee..........................................................................................HR 471 Electric utilities; integrated resource planning..............................................................HB 280 Emergency 911 service; definition; billing provisions....................................................SB 289 Emergency 911 service; monthly charge; local governments impose..........................HB 795 Gas utilities; rate-making proceedings; accounting methods.......................................HB 514 Gasoline; products containing alcohol; label..................................................................HB 564 Georgia Community Antenna Television (CATV) Authority; create.......................HB 1037 Georgia Rail Passenger Authority; members; terms .....................................................HB 850 Joint Comprehensive Transportation Plan for Georgia Study Committee; create.............................................................................................................HR 14 Monorail people mover for the Buckhead area; urge United States funding for study ............................................................................................................HR 597 Motor common carrier; Public Service Commission license plate; requirement......................................................................................................................HB 382 Occupation taxes; utility services; county license..........................................................HB 629 Older Georgians' and Handicapped Transportation Task Force; create ...................HR 457 Petroleum products; environmental assurance fees; increase.......................................SB 385

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2851

PUBLIC UTILITIES AND TRANSPORTATION (Continued) Public Service Commission; county-wide calling plan; urge expansion of toll-free band..............................................................................................................HR 185 Public Service Commission; gas pipeline or distribution system; value .....................SB 202 Public Service Commission; governor appoint members - CA....................................HR 332 Public Service Commission; law enforcement personnel; indemnification................HB 454 Public Service Commission; limousine carriers; regulate ...........................................HB 1031 Public Service Commission; selecting chairman and vice chairman...........................HB 829 Public Service Commission; special fees; method of calculating.................................HB 901 Public Utilities Promotional Practices Study Subcommittee; urge House Industry Committee to create .................................................................HR 317 Railroad bridges; certain conditions; removal................................................................HB 778 Railroad crossings; school buses and vehicles carrying hazardous materials; stop requirements.........................................................................................HB 791 Real property for railroad operations; acquisition by Georgia Building Authority..........................................................................................................HB 578 Regional surface and air transportation authorities; create.........................................HB 919 Residential utility service; deposit requirements...........................................................HB 367 Sales and use tax; industrial materials exempt; electricity excluded.........................HB 337 State Public Transportation Fund; certain reserve fund expenditures .....................HB 808 Surface Transportation Reauthorization Act; urge United States passage..................SR 98 Telephone record information disclosure; prohibitions.................................................SB 297 Tennessee Valley Authority; payments; change apportioning method ....................HB 1034
PUBLICATIONS Ad valorem tax; millage rate; requirement.....................................................................HB 250 Atlanta Constitution; reduced circulation in South Georgia; reconsider...................HR 147 County boards of education; meeting notices; publication ..........................................HB 403 Dentists; advertising; names; provisions .........................................................................HB 849 General Assembly; local bill advertisements; affidavit by author...............................HB 428 General Assembly; local bill advertisements; affidavit by author ...............................SB 174 Local bills; intention to introduce; notice to governing authority..............................HB 565 Service of process by publication; certain requirements............................................HB 1088 State purchasing; contract amount; sealed bid or advertisement................................SB 183 Waste management; recycled content newsprint.............................................................HB 95
PULASKI COUNTY; board of education; election......................................................HB 953
PUTNAM COUNTY Board of commissioners; compensation...........................................................................HB 952 Hospital authority; members............................................................................................HB 879 Magistrate court; add magistrate......................................................................................SB 419
R. E. LEE ARMY JUNIOR ROTC Color Guard; commend......................................................................................................HR 528 Commend.............................................................................................................................HR 532

R

RABUN COUNTY School superintendent; appoint.........................................................................................SB 329 Sheriff; compensation.........................................................................................................HB 828 Superior court clerk; compensation.................................................................................HB 759
RACE TRACKS Dog racing; authorize pari-mutuel wagering.....................................................................HB 54
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2852

INDEX

RACE TRACKS (Continued) Dog racing; provide for pari-mutuel wagering - CA........................................................HR 26 Equine Activities Immunity Act; enact...........................................................................HB 292 Horse racing; authorize pari-mutuel wagering.................................................................HB 55 Horse racing; provide for pari-mutuel wagering - CA....................................................HR 22 Pari-mutuel racetracks and wagering; authorize ...........................................................HB 777
RADAR Admissible evidence; restrictions .....................................................................................HB 258 Certain counties or cities; restrictions.............................................................................HB 535
RADIATION-GENERATING EQUIPMENT; license to operate; post bond......HB 894
RADIO Citizens band radio; special license plates; remove authorization ..............................HB 422 Radio, stereo, or other sound-making device; playing in motor vehicle; prohibitions............................................................................................HB 149 Public safety radio services; coordinated use; certain municipalities.........................HB 611
RAILROADS Abandoned rights of way; convert to trails.......................................................................SR 25 Amtrak; proposed service through Georgia; endorse ....................................................HR 286 Georgia Rail Passenger Authority; members; terms .....................................................HB 850 Grade crossing elimination costs.......................................................................................SB 286 Monorail people mover for the Buckhead area; urge United States funding for study............................................................................................................HR 597 Railroad bridges; certain conditions; removal................................................................HB 778 Railroad crossings; school buses and vehicles carrying hazardous materials; stop requirements.........................................................................................HB 791 Real property for railroad operations; acquisition by Georgia Building Authority..........................................................................................................HB 578
RANDOLPH, ASA PHILIP; commend...........................................................................HR 62
RAYMOND G. DAVIS MEDAL OF HONOR HIGHWAY; designate.................SR 122
REAL ESTATE (Also, see Property) Ad valorem tax; transfer tax; filing .................................................................................HB 466 Appraisers; license; qualifications.......................................................................................SB 82 Brokers and salespersons; trust accounts; interest-bearing.......................................HB 1002 Certain lease agreements; discharge of sales and use tax............................................HB 431 Licenses; revisions...............................................................................................................HB 224 Mechanics' and materialmen's liens; suppliers of rental equipment for improvement of real estate; provisions .................................................................HB 628 Mechanics' and materialmen's liens; suppliers of rental equipment for improvement of real estate; waiver and bond rights..........................................HB 528 Real Estate Commission; terms of office........................................................................HB 430 Transfer tax; certain heirs; exemption............................................................................HB 563
REAPPORTIONMENT; Georgia Geographic Information System Study Committee; create...................................................................................................HR 183
RECREATION Bicycle and pedestrian facilities; Transportation Department request funds from Federal Highway Administration............................................HB 1036 Board of Recreation Examiners; licensure and certification; provisions ....................SB 107 House Study Committee on Physical Fitness and Amateur Sports; create..............HR 540 Tanning facilities; provisions............................................................................................HB 575
REDEVELOPMENT (See Buildings and Housing)

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2853

REEVES, LINCOLN; commend ......................................................................................HR 279
REINHARDT COLLEGE CHOIR; invite to House...................................................HR 331
RELIGION Proprietary schools specializing in religious instruction; exemption..........................HB 225 Proprietary schools specializing in religious instruction; exemption...........................SB 407 Sales tax exemption; certain purchases for charitable purposes.................................HB 365
RESIDENTIAL FINANCE Authority; amend provisions................................................................................................SB 35 Georgia Housing and Finance Authority Act; enact........................................................SB 95
RESTAURANTS; smoking prohibitions.........................................................................HB 432
RETIREMENT AND PENSIONS Appeals Court Judges and Supreme Court Justices; forfeit benefits after certain age; exceptions...........................................................................SB 153 Appeals Court Judges and Supreme Court Justices; certain retirement benefits; delete provisions.............................................................................................HB 479 Certain retirement systems; reestablishing creditable service.......................................HB 39 Code revision.......................................................................................................................HB 168 Department of Public Safety; amend provisions..............................................................SB 74 District Attorneys' Retirement; membership.................................................................HB 184 District Attorneys' Retirement; district attorneys emeritus; spouses' benefits..............................................................................................................HB 551 Employees' Retirement; certain attorneys and employees; membership...................HB 742 Employees' Retirement; certain Center for Disease Control service credit....................................................................................................................HB 913 Employees' Retirement; certain day laborers; service credit.......................................HB 936 Employees' Retirement; certain district attorney employees......................................HB 270 Employees' Retirement; certain judicial employees; membership..............................HB 588 Employees' Retirement; certain law enforcement officers; contributions..................HB 452 Employees' Retirement; certain military service credit................................................HB 421 Employees' Retirement; certain out-of-state service credit.........................................HB 715 Employees' Retirement; certain part-time employment; creditable service ............................................................................................................HB 972 Employees' Retirement; death of spouse; new spouse's benefit..................................HB 394 Employees' Retirement; disability beneficiaries; income limitations ...........................HB 38 Employees' Retirement; GeorgiaNet Authority employees..........................................HB 203 Employees' Retirement; members in armed forces; contributions...............................HB 40 Employees' Retirement; new agencies; membership.......................................................HB 41 Employees' Retirement; reemployment penalties; over 1040 hours...........................HB 309 Employees' Retirement; 32 years service........................................................................HB 138 Employees' Retirement; transfer service to Teachers Retirement System ...............HB 717 Employees' Retirement; Vietnam service credit............................................................HB 865 Employees' Retirement; Vietnam service credit............................................................HB 924 Firemen's Pension; amend provisions..............................................................................HB 441 Firemen's Pension; certain members; obtain service credit.........................................HB 634 Firemen's Pension; continued membership; certain persons.......................................HB 711 Firemen's Pension; spouse's benefits; provisions...........................................................HB 635 Judges of the Probate Courts Retirement; add Board member.....................................SB 46 Judges; former district attorneys; retain membership in District Attorneys' Retirement System.......................................................................HB 801 Law enforcement officers; pension systems; urge counties and municipalities to improve..............................................................................................HR 635 Legislative Retirement; increase allowance ....................................................................HB 552 Legislative Retirement; monthly service allowance.......................................................HB 710 Magistrates' Retirement System; create .........................................................................HB 912

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INDEX

RETIREMENT AND PENSIONS (Continued) Peace Officers' Annuity and Benefit; certain errors; correct.......................................HB 484 Peace Officers' Annuity and Benefit; felony conviction; rights...................................HB 580 Prosecuting Attorneys' Council; certain personnel; compensation .............................HB 679 Public retirement systems; boards of trustees; membership.........................................HB 42 Public retirement systems; employer contribution rates; provisions............................HB 43 Public retirement systems; increase benefits to offset taxation....................................HB 35 Public retirement systems; introduction of bills; state auditor's certification........................................................................................................................HB 33 Public retirement systems; pooled funds; investments.................................................HB 637 Public Retirement Systems Standards Law; certain amendment not subject to provisions.........................................................................................................HB 34 Public retirement systems; temporary disability; creditable service..........................HB 734 Public School Employees Retirement; disabled; reduce years....................................HB 633 Retiree; return to service; less than 1040 hours.............................................................HB 310 Retirees; health care benefits; prefunding......................................................................HB 296 Retirement funds; prohibit investments in institutions with outstanding loans to South Africa...............................................................................HB 156 Sheriffs' Retirement; certain members; prior service credit........................................HB 501 Sheriffs' Retirement; fees collected; increase.................................................................HB 442 Superior Court Judges Retirement; creditable service.................................................HB 183 Superior Court Judges Retirement; disability; judge may become senior judge......................................................................................................................HB 429 Superior Court Judges Retirement; mandatory retirement age; delete.....................HB 478 Superior Court Judges Retirement; certain postretirement benefits.........................HB 483 Superior court reporters emeritus; senior court reporter.............................................HB 839 Taxable net income; exclusion for certain retirement income ..................................HB 1000 Taxable net income; increase exclusion of retirement income....................................HB 779 Teachers; optional retirement plan of Board of Regents; contributions .....................HB 78 Teachers Retirement; allowances; change.......................................................................HB 641 Teachers Retirement; attendance officers; members....................................................HB 353 Teachers Retirement; certain creditable service..............................................................HB 37 Teachers Retirement; certain employees of the Professional Practices Commission ....................................................................................................HB 265 Teachers Retirement; creditable service; pregnancy leave...........................................HB 216 Teachers Retirement; disability; effective date .............................................................HB 311 Teachers Retirement; members on military duty; employer contributions...............HB 656 Teachers Retirement; postretirement benefit adjustment.............................................HB 81 Teachers Retirement; reestablishing creditable service................................................HB 346 Teachers Retirement; unused sick leave; creditable service........................................HB 392 Trial judges and solicitors; senior judge or district attorney emeritus............................................................................................................HB 900
REVENUE (See Taxation and Revenue)
REVENUE BONDS Bids by affiliated corporations; certain cases; forfeit bond .........................................HB 465 Bond proceeds; authorized investments; provisions.......................................................SB 175 Certain business loans; authorize guaranteed revenue debt - CA..............................HR 385 Certain educational facilities; authorize guaranteed revenue debt - CA ...................HR 384 Georgia Airport Development Authority Law; enact....................................................HB 525 Georgia Community Antenna Television (CATV) Authority; create .......................HB 1037 Housing authorities; investments; change provisions..................................................HB 1067 Interest rate; annual payment .............................................................................................SB 42 Joint Capital Outlay Study Committee; create .............................................................HR 441 Local school districts or systems; bonded indebtedness; State Board withhold state moneys for payment................................................................HB 792 Revenue Bond Law; undertaking; change definition ....................................................HB 638

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2855

RICHARDSON, DR. HARRY V.; condolences..............................................................HR 93
RICHARDSON, ZUMA B., JR.; condolences...............................................................HR 324
RICHMOND COUNTY Certain officials; compensation.......................................................................................HB 1020 Civil and magistrate court; judge emeritus.....................................................................HB 914 Grant easement...................................................................................................................HR 160
RIVERDALE, CITY OF; corporate limits......................................................................SB 402
RIVERDALE HIGH SCHOOL; commend...................................................................HR 394
RIVERS AND LAKES Boat Safety Act; amend provisions..................................................................................HB 707 Georgia's rivers; urge comprehensive assessment..........................................................HR 110 Mountains and river corridors; protection; provide......................................................HB 643 Parks, historic sites, and recreational areas; regulate parking....................................HB 706 Soil erosion control; buffer zone around stream banks................................................HB 765 Solid waste facility; prohibit near certain Georgia lakes..............................................HB 784 Surface water violations; cooperative effort; abatement...............................................HB 648 Water quality; limits on phosphorus discharged into Chattahoochee River......................................................................................................HB 814 Water quality; limits on phosphorus discharged into Chattahoochee River.......................................................................................................SB 381 Water Resource Conservation Management Study Committee; create.....................HR 348
ROBERTS, CAPTAIN HARRY MICHAEL; commend...........................................HR 556
ROBERTS, MARY ANN AND JACK; commend......................................................HR 460
ROBERTS, MRS. ORA V.; commend............................................................................HR 564
ROBERTS, WILLIAM T.; commend .............................................................................HR 319
ROBINSON, HONORABLE LEE; invite to House....................................................HR 410
ROBINSON, NIKKI; invite to House.............................................................................HR 154
ROBINSON, PERTHA, JR.; commend.........................................................................HR 603
ROBINSON, SUSAN AND MARK MOHI; commend.............................................HR 509
ROCKDALE COUNTY Board of elections and registration; create...................................................................HB 1053 Board of registrations and elections; repeal Act..........................................................HB 1006 Conyers-Rockdale Amateur Athletics Authority; create ..............................................HB 980 Rockdale County Recreational Authority; create........................................................HB 1052
ROCKDALE JUDICIAL CIRCUIT Addjudge.............................................................................................................................HB 398 Add judge..............................................................................................................................SB 127
ROE, BETTY Commend.............................................................................................................................HR 581 Honor....................................................................................................................................HR 529
ROGER E. JAMES BRIDGE AND J. TRUMAN HOLMES BRIDGE Designate...............................................................................................................................SR 233
ROME, CITY OF; Rome-Floyd County Commission on Children and Youth; add member....................................................................................................HB 688

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2856

INDEX

ROSWELL, CITY OF Corporate limits................................................................................................................HB 1040 Corporate limits...................................................................................................................SB 457
ROWLETT, MASTER SERGEANT NEIL; commend.............................................HR 566
RUSH, RONNIE; commend ..............................................................................................HR 257
RUSSELL, ARI; commend ................................................................................................HR 449

s

SAINT DAVID'S DAY IN GEORGIA; recognize March 1, 1991 ...........................HR 376
SALES AND USE TAX Aircraft; definition and exemption ..................................................................................HB 627 Certain lease agreements; discharge................................................................................HB 431 Contractors; sales tax on execution of subcontracts; bond..........................................HB 336 Exemption; certain food, repeal; income tax credit, low-income residents...................HB 1 Exemption; certain materials; manufacturing granite................................................HB 1018 Exemption; certain purchases for charitable purposes.................................................HB 365 Exemption; certain sales by schools................................................................................HB 234 Exemption; food..................................................................................................................HB 401 Exemption; food and telephone service..........................................................................HB 154 Exemption; food consumed off premises........................................................................HB 105 Exemption; food consumed off premises - CA.................................................................HR 10 Exemption; industrial materials; electricity excluded...................................................HB 337 Exemption; items paid by state or federal funds..........................................................HB 332 Freeport tax exemption; continue....................................................................................HB 632 Freeport tax exemption; local option tax; time for election........................................HB 198 Herty Foundation; tax exemptions..................................................................................HB 312 One percent special sales tax; education purposes - CA..............................................HR 108 One percent special sales tax; education purposes - CA..............................................HR 134 One percent special sales tax; education purposes - CA..............................................HR 158 One percent special sales tax; education purposes - CA..............................................HR 159 One percent special sales tax; education purposes - CA...............................................SR 159 Special purpose county sales tax; county and school district project..........................HB 76 Special purpose county sales tax; projects; add beach renourishment.......................HB 622 Special purpose county sales tax; projects other than roads, streets, and bridges.........................................................................................................HB 509
SAMPLES, AM ANDA; commend...................................................................................HR 464
SANDERS, RANGER FIRST CLASS ERIC AND CORPORAL HARRY R. CARTER; commend..................................................................................HR 126
SANDY SPRINGS, CITY OF Incorporate...........................................................................................................................HB 246 Incorporate..............................................................................................................................SB 90
SAVANNAH, CITY OF Chatham-Savannah Youth Futures Authority; membership.......................................HB 236 Mayor and aldermen; residency.......................................................................................HB 665 Savannah and Chatham County; board of public education; vacancies....................HB 740 "Savannah Day at the Capitol"; recognize January 28, 1991......................................HR 144 Savannah St. Patrick's Day Parade and Festivities; recognize and invite the Grand Marshal, General Chairman, and aids to House.........................HR 400
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2857

SAW MILL OF THE LINERBOARD DIVISION OF INLAND CONTAINER CORPORATION; commend .............................................................HR 396
SCHOOLS (Also, see Education) Age range per grade ...........................................................................................................HB 142 Bus drivers; driving under the influence, penalties; DUI alcohol or drug use risk reduction programs, criminal records checks.................................SB 312 Bus drivers; minimum salaries .........................................................................................HB 557 Buses; seat belts; urge Department of Education to study .........................................HR 567 Buses transporting kindergarteners; provide seat belts................................................HB 937 Bus shelters on rights of way of public roads; authorization.......................................SB 158 Closing; certain conditions; certain personnel authorized to leave.............................HB 453 Compulsory attendance; age ...............................................................................................HB 71 Compulsory attendance; age..............................................................................................SB 155 Corporal punishment............................................................................................................HB 18 Corporal punishment; written permission ..........................................................................HB 8 High schools; laboratory courses; teacher-pupil ratio...................................................HB 512 Radon gas; test schools; urge school systems...................................................................HR 29 Railroad crossings; school buses and vehicles carrying hazardous materials; stop requirement..........................................................................................HB 791 Remedial education program; include grades six through eight.................................HB 523 Sales tax; certain sales by schools; exemption...............................................................HB 234 Smoking prohibitions on school buses and property....................................................HB 275 Students; certain school-sponsored activities; eligibility..............................................HB 768 Uniform scale of grading...................................................................................................HB 370
SCHWARTZ, MS. FLORENCE; commend ..................................................................HR 452
SCOTT, BRIGADIER GENERAL TERRY; invite to House..................................HR 584
SCOTT, MISS TONYA; commend..................................................................................HR 430
SCOTTDALE COMMUNITY; DeKalb County; commend .......................................HR 419
SCREVEN COUNTY; board of commissioners; compensation...................................HB 597
SEAT BELTS Failure to use; additional violations................................................................................HB 282 Failure to use; additional violations .................................................................................SB 395 Failure to use; penalty.........................................................................................................HB 13 School buses transporting kindergarteners; provide seat belts...................................HB 937 Seat belts on school buses; urge Department of Education to study.........................HR 567
SECRETARY OF STATE Candidates for public office; expenditures; limitations................................................HB 678 Certain elected officials; plurality of votes - CA.............................................................HR 38 Communications.................................................................Pages 1, 64, 183, 212, 434, 724, 980, 1247, 1590, 2012, 2732 Elections; certain petitions; one signature per card.........................................................SB 25 Lobbying; registration of representatives of state agencies...........................................HB 20 Lobbying; registration of representatives of state agencies.........................................HB 268 Lobbying; registration of representatives of state agencies............................................SB 55 Public information services and materials; user fees..................................................HB 1004 Uniform Commercial Code; definitions, provisions.....................................................HB 1086
SECURITIES Georgia Security for Public Deposits Act; enact.........................................................HB 1096 Uniform Commercial Code; revise...................................................................................HB 761
SEMINOLE COUNTY; convey property..........................................................................SR 45

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INDEX

SENATE Claims against state; introduction of resolutions.............................................................SB 16 General Assembly; certain committees; subpoena powers.............................................HB 59 General Assembly; expense accounts; documentation..................................................HB 119 General Assembly; expense accounts; documentation.....................................................SB 54 General Assembly; identification cards; former members.............................................SB 220 General Assembly members; full-time officials; salary supplement .........................HB 1043 General Assembly; oath; state court judge administer.................................................HB 427 General Assembly; standing committee chairmen; compensation ............................HB 1038 House Resolution 8; amend ................................................................................................HR 81 Joint Session; Governor's message.......................................................................................HR 5 Joint Session; Governor's message.......................................................................................HR 8 Joint Session; Governor's message; invite Supreme Court Justices and Appeals Court Judges.................................................................................HR 6 Joint Session; message from Chief Justice of Supreme Court........................................HR 9 Joint Session; relative to inauguration of Governor..........................................................HR 4 Joint Session; 1996 Olympics in Atlanta; recognize persons responsible.......................SR 6 Legislative Services Committee; composition .................................................................SB 189 Notify Governor; General Assembly convened ...................................................................SR 4 Notify House; Senate convened............................................................................................SR 2 Notify Senate; House convened ...........................................................................................HR 1 Secretary of the Senate and Clerk of the House; succession to office.......................HB 173 Transmittal of bills to Governor during session; veto messages; veto session - CA ............................................................................................................HR 598
SENTENCING Battery and simple battery; increase punishment.........................................................HB 443 Courts; shorten period of probation; jurisdiction..........................................................HB 170 Criminal solicitation; increase penalty............................................................................HB 331 Driving under the influence; period of detention..........................................................HB 129 House Disparity in Sentencing and Sentencing Reform Study Committee; create...........................................................................................................HR 115 House Sentencing Guidelines Study Committee; create................................................HR 11 Motor vehicle theft; special alternative incarceration or boot camp...........................SB 350 Review panel; repeal certain provisions............................................................................HB 83 Special alternative incarceration-probation boot camp.................................................SB 177
SEWICK, MR. AND MRS. MIKE; commend.............................................................HR 569
SEXUAL OFFENSES AIDS transmitting crimes; test and disclosure upon indictment................................HB 527 AIDS transmitting crimes; test and disclosure upon indictment................................HB 554 Crimes against children; certain records; closed to public.........................................HB 1009 Incest; limitation on prosecution........................................................................................HB 28 Limitation on prosecution; exclude certain offenses.....................................................HB 240 Offenses of fornication and adultery, repeal; adultery, define....................................HB 846 Probation; assault against probationer...............................................................................SB 57 Professional Practices Commission; reportable offenses..............................................HB 146 Public indecency; third conviction; felony......................................................................HB 567 Sodomy and aggravated sodomy; amend Code provisions...........................................HB 491 Sodomy and aggravated sodomy; change description of offenses.................................HB 56 Sodomy; repeal certain provisions ...................................................................................HB 385
SHARON TEAGUE DAY; designate March 10, 1991.................................................HR 446
SHAW, MS. EMILY C.; commend..................................................................................HR 145
SHEAROUSE, STEPHANIE; commend.........................................................................HR 58
SHEFFIELD, AMY; commend...........................................................................................HR 70

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2859

SHELL, ALTON C.; commend .........................................................................................HR 215
SHELNUTT, MRS. SYLVIA; commend.......................................................................HR 475
SHEPHERD, REVEREND HUBERT F.; commend.................................................HR 554
SHERIFFS Certain county offenders; home arrest program ............................................................HB 379 Civil and criminal cases; fees; increase ............................................................................SB 171 Depositions and other discovery material; filing certificate of service........................................................................................................HB 126 Personal property; in custody of law enforcement agency; disposition .....................HB 531 Photographs or reproductions; right to make; fees........................................................SB 345 Probate court; automated record keeping; increase costs............................................HB 537 Retirement fund; certain members; prior service credit...............................................HB 501 Retirement fund; fees collected; increase........................................................................HB 442 Service of process; any United States citizen; limitation .............................................HB 188 Tax execution; administration levy; attorney's fees.........................................................SB 56 Tax sale; right to redeem property; expiration............................................................HB 1095 Unincorporated areas of county; ordinances; fines........................................................HB 626
SHERMAN, GORDON M.; commend............................................................................HR 506
SHINGLER VOLUNTEER FIRE DEPARTMENT; commend ............................HR 623
SILVER BLUFF BAPTIST CHURCH; commend....................................................HR 296
SILVER-HAIRED LEGISLATURE Commend.............................................................................................................................HR 365 Commend and invite officers to House.............................................................................HR 43
SIMMONS, MRS. ETHEL WILLIAMS; commend ..................................................HR 558
SIMMONS, PAULINE CHANCE; one-hundredth birthday; congratulate ............HR 218
SINK, SCOTT; commend...................................................................................................HR 249
SINKFIELD, HONORABLE GEORGANNA T.; communications .............Page 181, 181
SINKWICH, FRANK; condolences .................................................................................HR 129
SKANDERA, DANIEL J.; commend.............................................................................HR 339
SLOSHEYE TRAIL BIG PIG JIG; recognize.............................................................HR 122
SMARR, COMMUNITY OF; commend........................................................................HR 620
SMITH, ALICE R. "NELL"; commend.........................................................................HR 194
SMITH, ETHEL M.; commend..........................................................................................HR 64
SMITH, MR. AND MRS. GIBSON; fiftieth anniversary; commend.......................HR 498
SMITH, MS. DOUGLASS ANN; commend.................................................................HR 468
SMYRNA, CITY OF Corporate limits...................................................................................................................SB 399 Homestead exemption; elderly ..........................................................................................SB 446
SMYRNA-OAKDALE Moose Lodge; commend ....................................................................................................HR 142 Women of the Moose Chapter 1420; commend.............................................................HR 143
SNEAD, JOE M.; commend ..............................................................................................HR 308

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SNELLINGS, EMORY LAWSON; condolences .........................................................HR 363
SOCIAL SERVICES Act defining incorrigible child; change effective date to July 1, 1992......................................................................................................................HB 560 Certain facilities; violations; actions by Department of Human Resources............................................................................................................SB 235 Child abuse; accessing records; amend provisions.........................................................HB 289 Children and youth; community innovation zones; designate ...................................HB 1050 Children and Youth Coordinating Council; create .........................................................SB 370 Children in foster care; periodic reviews .........................................................................SB 315 Child welfare agency; redefine name and provisions .....................................................SB 123 Deceased indigents; decent interment; county provide................................................HB 476 Demonstration family resource center program; create..............................................HB 1074 Department of Medical Assistance; agency rules; applicability ................................HB 1069 Dependent children receiving aid; mandatory school attendance; exception ..........................................................................................................................HB 895 Deprived child; foster care; periodic reviews..................................................................HB 519 Georgia Child Care Council; create..................................................................................HB 399 Georgians with Disabilities Act of 1991; enact ..............................................................HB 834 Hospital authorities; certain organizations; assistance..................................................SB 281 Income tax credit; uncompensated indigent health care............................................HB 1083 Indigent Care Trust Fund; contributions.......................................................................HB 482 Juvenile proceedings and parental rights; amend Code.............................................HB 1076 Medicaid; improve and enhance program; urge Georgia Congressional delegation.........................................................................................................................HR 189 Medical assistance; certain drugs; prior authorization and approval.........................HB 472 Medical Assistance Department; oversight of Department of Human Resources surveyors........................................................................................................HB 837 Medical records; access by long-term care ombudsman or Department of Human Resources...................................................................................SB 87 Personal Attendant Care Program for Disable Adults Act; provisions.........................SB 68 Poor in Georgia; recognize plight.......................................................................................HR 60 Public assistance checks; urge banks to cash...................................................................HR 23 Public assistance; food stamp recipients; photo identification....................................HB 893 Special Program of Services for At-Risk Children and Families Act; enact.......................................................................................................................HB 1073 State lottery; indigent care and educational purposes - CA..........................................HR 36 Technology Related Assistance Trust Fund for Individuals with Disabilities and the Technology Related Assistance Trust Fund for Individuals with Disabilities Commission; enact..................................................SB 269 Torts; volunteer transportation of senior citizens; immunity from liability ....................................................................................................................HB 555 Youth development centers; decision making; provisions..........................................HB 1075
SOLID WASTE Biomedical waste thermal treatment technology facilities; moratorium .....................HR 31 Biomedical waste thermal treatment technology facility; prohibit; exception..........................................................................................................................HB 381 Biomedical waste thermal treatment technology facility; prohibit permit..................HB 82 Certain waste treatment facility; permit..........................................................................SB 268 Combined sewer overflow; eliminate or treat sewage ....................................................SB 196 Environmental Policy Act; enact ........................................................................................SB 97 Facility near certain Georgia lakes; prohibit..................................................................HB 784 Georgia Hazardous Waste Management Authority; composition ..................................SB 94 Hazardous substances; spills or releases; reporting........................................................SB 142 Hazardous waste facility; certain permits; prohibit....................................................HB 1092 Recycled content newsprint................................................................................................HB 95

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2861

SOLID WASTE (Continued) Reduction; counties and municipalities encouraged to exceed goals..........................HB 590 Scrap tire disposal; regulations.........................................................................................HB 481 Waste management; certain requirements........................................................................HB 60 Waste management; permit modifications; limitations................................................HB 182 Water quality; limits on phosphorus discharged into Chattahoochee River......................................................................................................HB 814 Water quality; limits on phosphorus discharged into Chattahoochee River.......................................................................................................SB 381 Water restrictions; certain landscaping; urge exemption..............................................SR 179
SOUTH FULTON TENNIS CENTER; venue for 1996 Olympic tennis competition; endorse..........................................................................................................HR 367
"SOUTH GEORGIA PARKWAY"; designate Corridor Z...........................................SR 180
SOUTHEASTERN CONFERENCE CHAMPIONSHIP GAME TASK FORCE; commend...............................................................................................HR 503
SPALDING COUNTY Griffin-Spalding County Board of Education; compensation......................................HB 592 Griffin-Spalding County Personal Care Health Board; provide..................................SB 362 Homestead exemption; certain disabled or elderly........................................................SB 207
SPARTA, CITY OF New charter.........................................................................................................................HB 880 Sparta-Hancock Public Facilities Authority; create....................................................HB 1014
SPEAKER OF THE HOUSE Communications...............................................................................................Pages 25, 180, 182 Election..................................................................................................................................Page 9
SPELLS, LAMAR; commend .............................................................................................HR 82
SPORTS Board of Athletic Trainers; define athletic injury and athletic trainer.................................................................................................................HB 437 Georgia Tech; Division I NCAA National Football Champions...................................HR 20 "Girls and Women in Sports Day"; designate first Thursday in February ...............SB 130 Georgia State Games Commission; provisions...............................................................HB 804 House Study Committee on Physical Fitness and Amateur Sports; create ..............HR 540 Metropolitan Atlanta Olympic Games Authority; membership..................................HB 921 No pass, no play; urge State Board of Education to revise policy.............................HR 432 State Boxing and Wrestling Commission; create...............................................................HB 9 State Boxing and Wrestling Commission; create...........................................................HB 108 Ticket sellers; service charge.............................................................................................HB 480
SPRAYBERRY, JENNIFER AND MONIQUE PIERCE; commend..................HR 533
ST. JAMES A.M.E. CHURCH; commend.....................................................................HR 242
ST. MARYS ROCK SHRIMP FESTIVAL; commend.............................................HR 632
STANLEY, CHRISTOPHER, VALERIE PONDER, AND JAY DANIEL; commend ...............................................................................................HR 192
STATE CONSTITUTION; proposed changes; summary at polling places..............HB 670
STATE COURTS OF COUNTIES District attorney and solicitor; military duty; provisions..............................................SB 112 General Assembly; oath; state court judge administer.................................................HB 427

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2862

INDEX

STATE EMPLOYEES Alien; employment loyalty oath; delete certain reference............................................HB 190 Benefit plans; include certain nonprofit groups............................................................HB 306 Certain final conviction; ineligible for office..................................................................HB 255 Certain retirement systems; reestablishing creditable service.......................................HB 39 Clerk of the House and Secretary of the Senate; succession to office.......................HB 173 Department of Natural Resources; unclassified hourly employees; selection............................................................................................................................HB 938 Disability beneficiaries; income limitations......................................................................HB 38 Drug Testing of Safety Sensitive and Critical Personnel Act of 1991; enact...................................................................................................................HB 933 Employees' Retirement; certain Center for Disease Control service credit....................................................................................................................HB 913 Employees' Retirement; certain day laborers; service credit .......................................HB 936 Employees' Retirement; certain military service credit................................................HB 421 Employees' Retirement; certain out-of-state service.....................................................HB 715 Employees' Retirement; creditable service; certain part-time employment.....................................................................................................................HB 972 Employees' Retirement; death of spouse; new spouse's benefit..................................HB 394 Employees' Retirement; GeorgiaNet Authority employees..........................................HB 203 Employees' Retirement; members in armed forces; contributions...............................HB 40 Employees' Retirement; new agencies; membership.......................................................HB 41 Employees' Retirement; 32 years service........................................................................HB 138 Employees' Retirement; transfer service to Teachers Retirement System ...............HB 717 Employees' Retirement; Vietnam service credit............................................................HB 865 Employees' Retirement; Vietnam service credit............................................................HB 924 Garnishments; charges for answering..............................................................................HB 384 Georgia Tort Claims Act; enact........................................................................................HB 606 Health insurance; benefits for certain district attorney personnel.............................HB 194 Health insurance; certain services; require coverage.....................................................HB 872 Injured employees; designated physician; provisions....................................................HB 349 Insurance and benefits plans; certain service centers; inclusion.................................HB 883 Merit system hearings; employee representation...........................................................HB 109 Merit system; permanent employees; adverse actions...................................................SB 106 Merit system; sick leave.....................................................................................................HB 112 Merit system; sick leave; utilization...................................................................................SB 17 Military duty; rights..............................................................................................................SR 31 Political activities; authorization.........................................................................................SB 23 Prison inmates or personnel; random drug testing.......................................................HB 248 Public Employee Hazardous Chemical Right to Know Act; amend...........................HB 217 Public Employees Relations Act of 1991; enact.............................................................HB 862 Public employment announcements; posting date........................................................HB 591 Public officers and employees; loyalty oath; change provisions..................................HB 191 Public officers and employees; loyalty oath; delete certain reference........................HB 189 Retiree; return to service; less than 1040 hours.............................................................HB 310 Retirement systems; board of trustees; membership......................................................HB 42 State officials; reports to General Assembly; method....................................................SB 176 State Patrol; educational requirements............................................................................SB 172 State purchasing; contract amount; sealed bid or advertisement................................SB 183
Teachers Retirement System; certain creditable service................................................HB 37
Technical and adult education; employees; payroll deduction; certain charity..................................................................................................................SB 180
World Congress Center; amend provisions.....................................................................HB 928
STATE GOVERNMENT
Administrative procedure; contested cases; licensees' review of information......................................................................................................................HB 329

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2863

STATE GOVERNMENT (Continued) American dogwood; federal and state agencies and University System; urge research to save.......................................................................................HR 439 Bids by affiliated corporations; certain cases; forfeit bond.........................................HB 465 Bribery; public officials; define offense..............................................................................SB 72 Budgets; long-term plans; cost-benefit reviews of programs........................................SB 410 Certain facilities; violations; actions by Department of Human Resources............................................................................................................SB 235 Certain property; municipalities enter into contract; authorization ...........................SB 169 Certain state parks; authorize lease of certain tracts....................................................SR 198 Claims against state; introduction of resolutions in Senate ...........................................SB 16 Commission on Women; create.........................................................................................HB 654 Department of Administrative Services; purchase recycled paper products...............HB 36 Department of Environmental Protection; create...........................................................HB 80 Department of Human Resources; unmarked motor vehicles; exception..................HB 812 Department of Medical Assistance; agency rules; applicability................................HB 1069 Department of Veterans Service; appointments...............................................................SB 48 Desert Storm Monument Commission; create...............................................................HR 414 Drug Testing of Safety Sensitive and Critical Personnel Act of 1991; enact...................................................................................................................HB 933 Elected public officials; campaign contributions; limitations......................................HB 521 Elections; plurality vote; exceptions................................................................................HB 100 Environmental Facilities Authority; members..................................................................SB 96 Environmental Policy Act; enact ........................................................................................SB 97 Environmental Protection Division; appoint director....................................................SB 102 Environmental Protection Division, director; Environmental Advisory Council, create................................................................................................HB 274 Executive branch; certain agency subdivisions; name change procedure ..................HB 603 Executive Fellows Program; provide................................................................................SB 426 Fire suppression systems; regulate...................................................................................HB 434 Fiscal year; April 1-March 31; authorization - CA..........................................................HR 32 Georgia Aviation Hall of Fame; Board, members; Overview Committee, create...........................................................................................................HB 140 Georgia Council on Environmental Quality; urge creation..........................................HR 101 Georgia folklife; programs, archives, trust fund; provide.............................................HB 946 Georgia Geographic Information System Study Committee; create...........................HR 183 Georgia Housing and Finance Authority Act; enact........................................................SB 95 GeorgiaNet Authority; information from public to agencies.......................................HB 210 Georgia Prompt Payment Act; enact...............................................................................HB 450 Georgia Register Act; enact................................................................................................SB 379 Georgia Security for Public Deposits Act; enact.........................................................HB 1096 Georgia State Games Commission; provisions...............................................................HB 804 Georgia Tort Claims Act; enact........................................................................................HB 606 "Girls and Women in Sports Day"; designate first Thursday in February ...............SB 130 Health Policy Council, abolish; Health Strategies Council, create..............................SB 192 Henry Ossian Flipper; commemorative postage stamp; urge issuance by Postmaster General...................................................................................................HR 345 Henry Ossian Flipper; commemorative postage stamp; urge issuance by Postmaster General...................................................................................................SR 201 House State Flag Redesign Study Committee; create....................................................HR 25 Investment of state funds; South Africa; prohibitions.................................................HB 101
Investment of state funds; South Africa; prohibitions.................................................HB 102
James Earl Carter, Jr. Tribute Commission; create......................................................HR 402
Joint Committee on Minority Business Enterprise Participation in State Contracts; create..............................................................................................HR 163
Joint Legislative Commission on Future Strategies; create.........................................HB 169
Lobbying; registration of representatives of state agencies ...........................................HB 20

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2864

INDEX

STATE GOVERNMENT (Continued) Lobbying; registration of representatives of state agencies.........................................HB 268 Lobbying; registration of representatives of state agencies............................................SB 55 Lobbyists; limitations.........................................................................................................HB 855 Local welcome centers; state funding...............................................................................SB 357 Merit system hearings; employee representation...........................................................HB 109 Merit system; sick leave.....................................................................................................HB 112 Merit system; sick leave; utilization...................................................................................SB 17 Office of Planning and Budget director; member; State Financial and Investment Commission - CA................................................................................SR 200 Organized militia; state active duty; emergencies..........................................................SB 282 Photographs or reproductions; sheriffs; right to make; fees.........................................SB 345 Property acquired by state; reduced ad valorem tax liability .....................................HB 435 Public Employee Hazardous Chemical Right to Know Act; amend...........................HB 217 Public Employees Relations Act of 1991; enact.............................................................HB 862 Public employment announcements; posting date........................................................HB 591 Public information services and materials; user fees..................................................HB 1004 Public libraries; boards of trustees; compensation........................................................HB 579 Public safety radio services; coordinated use; certain municipalities.........................HB 611 Purchasing; acquisition of products produced in United States...................................HB 92 Purchasing; contract amount; sealed bid or advertisement..........................................SB 183 Real property for railroad operations; acquisition by Georgia Building Authority..........................................................................................................HB 578 Regional development centers; ratify certain transfer....................................................HR 15 Regional development centers; ratify certain transfer....................................................HR 79 Retirees; health care benefits; prefunding......................................................................HB 296 Retirement and pension funds; prohibit investments in institutions with outstanding loans to South Africa......................................................................HB 156 Rural development; urge assistance of state departments and agencies ...................HR 284 Rural Facilities Economic Development Act; enact......................................................HB 488 State agencies; certain programs; periodic review.........................................................HB 818 State agencies; receipt of certain documents; requirements........................................HB 118 State and local government; public officials; stationery contain phone number .................................................................................................................HB 955 State and political subdivisions; garnishments; charges for answering......................HB 384 State contracts; minority business participation...........................................................HB 230 State contracts; minority businesses; certification.........................................................SB 144 State contracts; prohibitions; person, firm, or corporation convicted of discrimination...........................................................................................HB 304 State employees on military duty; rights...........................................................................SR 31 State flag; change design .....................................................................................................HB 53 State officials; reports to General Assembly; method....................................................SB 176 State property; lease or rental approval; State Properties Commission....................HB 418 "Steve Polk Plaza"; name and erect marker..................................................................HR 162 Turner County Peanut Monument; proclaim as official state peanut monument...........................................................................................................HR 412 Vital records; confidentiality .............................................................................................SB 229
STATE PATROL (See Law Enforcement Officers and Agencies or Public Safety, Department of)
STATE PROPERTY (See Public Property)
STATE YMCA YOUTH ASSEMBLY AND THE SILVER-HAIRED LEGISLATURE; commend...........................................................................................HR 365
STATEN, DEE; commend....................................................................................................HR 86
STATESBORO HIGH SCHOOL BASKETBALL TEAM; coaches; invite to House ...................................................................................................................HR 512

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2865

STEPHENS COUNTY; chief magistrate; election........................................................HB 127
"STEVE POLK PLAZA"; name and erect marker.......................................................HR 162
STEWART COUNTY WILD GAME AND FISH COOKOFF AND EXPOSITION; designate as Official Georgia Wild Game and Fish Exposition....................................................................................................................SR 264
STOCKBRIDGE, CITY OF new charter.....................................................................HB 1011
STOKES, DR. ALFREDO; commend.............................................................................HR 631
STONE MOUNTAIN JUDICIAL CIRCUIT; add judge.........................................SB 301
STOWERS, TIM; Georgia Southern University head coach; invite to House....................................................................................................................HR 153
STRICKLAND, HONORABLE MID; condolences ...................................................HR 387
STUDENT ADVISORY COUNCIL; Board of Regents of University System of Georgia; commend ...........................................................................................HR 252
STUDENTS PROTESTING UNSAFE DRIVING (SPUD); commend .............HR 371
STUDSTILL, MRS. JANET; commend........................................................................HR 307
SUGAR HILL, CITY OF Corporate limits...................................................................................................................SB 449 Homestead exemption; city purposes...............................................................................SB 443
SUMNER, FRANK "DEPUTY DAWG"; commend..................................................HR 436
SUMTER COUNTY Abolish elected office of treasurer and appoint.............................................................HB 355 Community improvement districts..................................................................................HB 359
SUPERIOR COURTS Bailable offenses; superior court judge; delegate authority to other judges .....................................................................................................................HB 875 Certain judicial employees; membership.........................................................................HB 588 Clerks; fees...........................................................................................................................HB 290 Clerks; fees; certain counties..............................................................................................SB 318 Clerks; office hours..............................................................................................................SB 384 Clerks; services; certain counties.......................................................................................SB 317 Clerks; vacancy; service by deputy..................................................................................HB 202 Closed-circuit television criminal hearings; judges implement....................................HB 878 Council of Superior Court Clerks of Georgia; inaugural officers; commend..........................................................................................................................HR 479 Diseases in livestock; injunctions; provide......................................................................HB 174 District attorney and solicitor; military duty; provisions..............................................SB 112 Divorce; additional fee; fund for violence shelters..........................................................HB 24 Juries; impanel additional grand jurors; district attorney's request .............................SB 85 Judges; appointment..........................................................................................................HB 239 Judges; election.....................................................................................................................HB 99 Judges; Governor appoint - CA..........................................................................................HR 37 Judges; residency requirements - CA................................................................................HR 75 Judges Retirement; certain postretirement benefits.....................................................HB 483 Judges Retirement; creditable service.............................................................................HB 183 Judges Retirement; disability; judge may become senior judge..................................HB 429 Judges Retirement; former district attorneys; retain membership in District Attorneys' Retirement System..................................................................HB 801 Judges Retirement; mandatory retirement age; delete.................................................HB 478

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2866

INDEX

SUPERIOR COURTS (Continued) Judges; terms of office - CA ...............................................................................................HR 77 Killing wildlife at night; condemnation of property; official use................................HB 811 Offenses bailable only before superior court; certain instances; provide...............................................................................................................................SB 388 Private ways; maximum width; 30 feet...........................................................................HB 630 Probation; collection of fines, costs, restitution, and reparation; deposit of court costs.................................................................................HB 823 Request senior judge; consent of counsel........................................................................HB 680 Sentence review panel; repeal certain provisions ............................................................HB 83 Single-member districts; residency requirements............................................................HB 98 Superior court reporters emeritus; senior court reporter.............................................HB 839 Tallapoosa Judicial Circuit; terms...................................................................................HB 374
SUPREME COURT Appeals; bill of costs ............................................................................................................HB 69 Joint Session; Governor's message; invite Supreme Court Justices and Appeals Court Judges.................................................................................HR 6 Joint Session; message from Chief Justice of Supreme Court........................................HR 9 Justices and Appeals Court Judges; certain retirement benefits; delete provisions .............................................................................................................HB 479 Motion for reconsideration................................................................................................HB 220
SUPREME COURT DECISION; Pennsylvania v. Davenport; urge Congress override................................................................................................................HR 151
SURFACE TRANSPORTATION REAUTHORIZATION ACT; urge United States passage ........................................................................................................................SR 98
SWINDLE, HAROLD S.; commend...............................................................................HR 269

TALLAPOOSA, CITY OF; manager's office; provisions.............................................HB 524
TALLAPOOSA JUDICIAL CIRCUIT Add assistant district attorney.........................................................................................HB 493 Judges and district attorney; supplement.......................................................................HB 947 Terms....................................................................................................................................HB 374
TANNING FACILITIES Provisions.............................................................................................................................HB 575 Provisions; radiation-generating equipment license, post bond..................................HB 894
TARVER, MS. MELISSA EVETTE; commend.........................................................HR 546
TATTNALL COUNTY; grant easement........................................................................HR 160
TATTNALL SQUARE ACADEMY TROJANS FOOTBALL TEAM AND COACHES; invite to House..................................................................HR 458
TAXATION AND REVENUE Ad valorem tax; appraisal staff; access to property......................................................HB 264 Ad valorem tax; conservation use property; residential transitional property; timber........................................................................................HB 283 Ad valorem tax, definitions; tangible property, assessment........................................HB 463
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2867

TAXATION AND REVENUE (Continued) Ad valorem tax; fair market value; federal or state restrictions on property use..........................................................................................HB 233 Ad valorem tax; freeport exemption; property valuation.............................................HB 357 Ad valorem tax; millage rate; publication requirement................................................HB 250 Ad valorem tax; motor vehicles and mobile homes; certain requirement.................HB 943 Ad valorem tax; property outside state; exempt...........................................................HB 668 Ad valorem tax; property value; acquisition - CA.........................................................HR 188 Ad valorem tax; ratio of assessed value to true value; school purposes .....................SB 201 Ad valorem tax; real estate transfer tax; filing..............................................................HB 466 Ad valorem tax; real estate transfer tax, filing; boards of equalization, taxpayer's appeal......................................................................................SB 103 Ad valorem tax; time for making returns.........................................................................HB 93 Agricultural property; preferential assessment; date of covenant...............................HB 266 Bonds; interest rate; annual payment................................................................................SB 42 Certain business loans; authorize guaranteed revenue debt - CA..............................HR 385 Certain educational facilities; authorize guaranteed revenue debt - CA...................HR 384 Certain intangibles; increase tax rates............................................................................HB 545 Certain lease agreements; discharge of sales and use tax............................................HB 431 Certain taxes and license fees; payment by check; provisions....................................HB 334 Certain taxpayer appeals; file surety bonds; exception................................................HB 340 Chief appraiser; board of tax assessors member; approval..........................................HB 832 Cobb County Commission on Children and Youth; tax-exempt status......................SB 214 Contractors; sales tax on execution of subcontracts; bond..........................................HB 336 Corporate income taxes; time of payment......................................................................HB 338 Corporations; certain foreign income; taxable................................................................HB 339 County and school district projects; special purpose sales tax......................................HB 76 County tax officials; vacancy in office.............................................................................HB 209 Delinquent taxes; garnishment; certain provisions........................................................HB 333 Excise tax; hotels and motels; counties and municipalities levy.................................HB 420 Excise tax; public accommodations; nonprofit organizations........................................HB 57 Excise tax; state and county; solid minerals severance................................................HB 696 Freeport tax exemption; continue....................................................................................HB 632 Freeport tax exemption; local option tax; time for election........................................HB 198 Georgia Public Revenue Code; revise tax provisions....................................................HB 335 Georgia Security for Public Deposits Act; enact.........................................................HB 1096 Herty Foundation; tax exemptions..................................................................................HB 312 Homestead exemptions; application date.....................................................................HB 1003 House Study Committee on Local Government Revenue Diversification; create ....................................................................................................HR 411 Income tax; capital gains adjustment..............................................................................HB 456 Income tax; certain military service income; exclude...................................................HB 485 Income tax; certain taxpayers; increase personal exemption.....................................HB 1048 Income tax credit; certain businesses in certain counties............................................HB 489 Income tax credit; certain employers; certain employee health coverage..................HB 944 Income tax credit; employers providing basic skills education...................................HB 263 Income tax credit, low-income residents; sales tax exemption for certain food, repeal.............................................................................................................HB 1 Income tax credit; motor vehicle conversion................................................................HB 1029 Income tax credit; uncompensated indigent health care............................................HB 1083 Income tax exemption; certain corporations..................................................................HB 650 Income tax; health insurance premiums; exclude..........................................................HB 691
Income tax; monthly and quarterly withholding returns; amend...............................HB 413
Income tax return; active military duty; extend time for filing..................................HB 600
Insurance premium taxes; county proceeds; street improvement................................SB 372
Joint Capital Outlay Study Committee; create .............................................................HR 441
Licenses; certain trailers; increase fees............................................................................HB 653

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2868

INDEX

TAXATION AND REVENUE (Continued) Local income tax; election to impose; provisions...........................................................HB 623 Local option sales tax; additional projects.....................................................................HB 598 Local option sales tax; purposes; add beach renourishment........................................HB 622 Malt beverages; production for home consumption; excise tax.....................................HB 62 Motor fuel; repeal second tax.............................................................................................HB 19 Motor fuel taxes; refund to seller; compensation for collection..................................HB 570 Occupation tax; practitioner's principal office; amend.................................................HB 697 Occupation tax; principal office; certain contractors....................................................HB 750 Occupation tax; principal office; maximum....................................................................HB 624 Occupation tax; telecommunication services; county license.......................................HB 677 Occupation tax; utility services; county license.............................................................HB 629 Property acquired by state; reduced ad valorem tax liability.....................................HB 435 Public retirement systems; increase benefits to offset taxation....................................HB 35 Public works contracts; preference to Georgia contractors..........................................HB 993 Real estate transfer tax; certain heirs; exemption.........................................................HB 563 Retirement systems; employer contribution rates; provisions.......................................HB 43 Retirement Systems Standards Law; exemption.............................................................HB 34 Revenue Code; certain provisions; change population figures.....................................HB 609 Sales tax exemption; aircraft; certain modifications.....................................................HB 627 Sales tax exemption; certain materials; manufacturing granite................................HB 1018 Sales tax exemption; certain purchases for charitable purposes.................................HB 365 Sales tax exemption; certain sales by schools................................................................HB 234 Sales tax exemption; food..................................................................................................HB 401 Sales tax exemption; food and telephone service..........................................................HB 154 Sales tax exemption; food consumed off premises - CA................................................HR 10 Sales tax exemption; food consumed off premises........................................................HB 105 Sales tax exemption; industrial materials; electricity excluded ..................................HB 337 Sales tax exemption; items paid by state or federal funds..........................................HB 332 Special one percent sales tax; education purposes - CA..............................................HR 108 Special one percent sales tax; education purposes - CA..............................................HR 134 Special one percent sales tax; education purposes - CA..............................................HR 158 Special one percent sales tax; education purposes - CA..............................................HR 159 Special one percent sales tax; education purposes - CA...............................................SR 159 Special Program of Services for At-Risk Children and Families Act; enact.......................................................................................................................HB 1073 State lottery, provide; Department of Lottery, create..................................................HB 780 State tax; certain rentals; proceeds to State Children's Trust Fund.........................HB 956 Taxable net income; exclusion for certain retirement income ..................................HB 1000 Taxable net income; increase exclusion for retirement income...................................HB 779 Tax assessors; appeal of certain valuations; additional duties....................................HB 257 Tax deferral for the elderly; alternative method...........................................................HB 505 Tax deferral for the elderly; annual income of $25,OOO................................................HB 507 Tax deferral for the elderly; annual income of $40,OOO................................................HB 506 Tax deferral for the elderly; certain counties; alternative method.............................HB 503 Tax deferral for the elderly; certain counties; repeal alternative method..........................................................................................................HB 504 Tax digests; appeals and arbitrations; conditions for approval..................................HB 858 Tax digests; appeals of rejections.....................................................................................HB 411 Tax digests; conditional approval....................................................................................HB 410 Tax digests; disapproval by commissioner; assessment................................................HB 414 Tax digests; disapproved; collection authorization........................................................HB 415
Tax digests; rejection; appeal procedures.......................................................................HB 412
Tax executions; administration levy; attorney's fees.......................................................SB 56
Tax executions; surety bond for condemnation money................................................HB 341
Tax sale; right to redeem property; expiration............................................................HB 1095
Tennessee Valley Authority; payments; change apportioning method....................HB 1034

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INDEX

2869

TAYLOR COUNTY; board of commissioners; compensation...................................HB 1059
TEACHERS (Also, see Education) Alcohol and drug course; State Board of Education supply teachers........................HB 562 Certain retirement systems; reestablishing creditable service.......................................HB 39 Daily planning period.........................................................................................................HB 372 Duty-free lunch periods.....................................................................................................HB 373 Duty-free lunch periods; Teachers of the Year, salary increases; at-risk student pilot projects, decategorization of funds.............................................SB 71 Educational loans; certain teachers; service cancelable................................................HB 305 Employees' Retirement System; transfer service to Teachers Retirement System.........................................................................................................HB 717 Health insurance; amend provisions.................................................................................SB 190 High schools; laboratory courses; teacher-pupil ratio...................................................HB 512 Hiring practices in public school; urge investigation....................................................HR 149 Joint Study Committee on Teachers' Accumulated Sick Leave; create .....................SR 149 Professional school personnel; certification; waive certain fees..................................HB 391 Public officers and employees; loyalty oath; delete certain reference........................HB 189 Public retirement systems; temporary disability; creditable service ..........................HB 734 Quality Basic Education; amend provisions....................................................................SB 217 Quality Basic Education; certain officials and employees; serve as substitute.....................................................................................................................HB 625 Quality Basic Education; midterm adjustment; program adjustment........................HB 393 Retirement; attendance officers; members.....................................................................HB 353 Retirement; certain creditable service...............................................................................HB 37 Retirement; certain employees of the Professional Practices Commission ...............HB 265 Retirement; creditable service; pregnancy leave............................................................HB 216 Retirement; disability; effective date...............................................................................HB 311 Retirement; members on military duty; employer contributions................................HB 656 Retirement; optional plan of Board of Regents; contributions .....................................HB 78 Retirement; postretirement benefit adjustment ..............................................................HB 81 Retirement; reestablishing creditable service.................................................................HB 346 Retirement; retirement allowances; change....................................................................HB 641 Retirement; unused sick leave; creditable service .........................................................HB 392 School closing; certain conditions; certain personnel authorized to leave .........................................................................................................HB 453 School personnel; sick leave; personal and professional use........................................HB 851 Sick leave bank or pool; provisions..................................................................................HB 793 Student with infectious disease; notify certain personnel............................................HB 741 Teacher certification; transfer to Professional Standards Commission.....................HB 589 Teachers of the Year; salary increases.............................................................................SB 412
TELEPHONE AND TELEGRAPH SERVICE Certain billings; suspension; cease and desist order.....................................................HB 350 Certain phone conversations; monitor or record; customer service purposes............................................................................................................................HB 798 Civil practice; depositions by telephone..........................................................................HB 729 County-wide calling plan; urge Public Service Commission to expand toll-free band................................................................................................HR 185 Emergency 911 service; definition; billing provisions....................................................SB 289 Emergency 911 service; monthly charge; local governments impose..........................HB 795 Occupation taxes; telecommunication services; county license ...................................HB 677 Public Service Commission; special fees; method of calculating.................................HB 901 Purchases with credit card or check; prohibitions...........................................................SB 39 Sales tax; exempt food and telephone service................................................................HB 154 Telephone record information disclosure; prohibitions.................................................SB 297 Use of ADAD equipment with long-distance telephone calls; urge Federal Communications Commission to regulate....................................................HR 379

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2870

INDEX

TELEVISION Cable industry; competition in marketplace; urge United States Congress to enact legislation.............................................................................HR 261 Child victim or witness; two-way closed circuit television............................................SB 178 Death penalty; televise executions...................................................................................HB 110 Electric membership corporations; cable systems; own and service...........................HB 892 Georgia Community Antenna Television (CATV) Authority; create.......................HB 1037 Revenue Bond Law; undertaking; change definition....................................................HB 638 State tax; certain rentals; proceeds to State Children's Trust Fund .........................HB 956 Superior court; closed circuit television criminal hearings; judges implement............................................................................................................HB 878
TEPER, MR. AND MRS. PHILMORE; forty-fifth anniversary; commend..........HR 586
THE COALITION FOR DRUG-FREE NORTH FULTON; commend...............HR 628
"THE ZELL MILLER MOUNTAIN PARKWAY"; designate...............................HR 283
THEFT Criminally derived property; unlawful to deal in..........................................................HB 324 Misappropriation of trade secrets.....................................................................................SB 320 Motor Vehicle Chop Shop and Stolen and Altered Property Act; enact..................HB 836 Motor Vehicle Chop Shop and Stolen and Altered Property Act; enact...................SB 230 Motor vehicle theft; sentence; special alternative incarceration or boot camp ....................................................................................................................SB 350 Motor vehicle theft prevention program; establish.......................................................HB 807 Torts; personal property; theft or damage; liquidated exemplary damages .........................................................................................................SB 184
THOMAS COUNTY; board of commissioners; compensation ....................................HB 596
THOMAS, HONORABLE CHARLES; communications................................Page 183, 183
THOMASON, JAMES; compensate..................................................................................HR 40
THOMSON WORK UNIT STAFF; Human Resources Department; commend....HR 263
THRASH, ARCH; one-hundredth birthday; commend.................................................HR 497
TIFT COUNTY; board of commissioners; chairman's compensation .........................HB 464
TITUS, HONORABLE THEO T., Ill, AND CAMILLE WEST TITUS Commend.............................................................................................................................HR 353
TOCCOA, CITY OF; corporate limits..............................................................................HB 987
TOM ARRENDALE, JR. INTERSECTION; designate ..........................................HR 53
TORTS Civil action; injury to minor child; limitation.................................................................SB 305 Drug abuse prevention services; good faith provider; liability....................................HB 827 Equine Activities Immunity Act; enact...........................................................................HB 292 Equine activities; immunity from liability for certain persons....................................SB 287 Georgia Tort Claims Act; enact........................................................................................HB 606 Leased livestock; owner; liability......................................................................................HB 438 Long-term care facilities; reports of abuse; certain immunity .....................................SB 212 Medical malpractice; definitions......................................................................................HB 721 Medical malpractice; expert witness; qualifications......................................................HB 621 Oil spills; liability; provisions ............................................................................................SB 179 Personal property; damage or theft; liquidated exemplary damages..........................SB 184 Truthful reports from certain persons; privileged communications............................SB 285 Uncompensated medical care; limitation on liability....................................................HB 681

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INDEX

2871

TORTS (Continued) Unliquidated damages; interest.........................................................................................SB 325 Volunteer transportation of senior citizens; immunity from liability........................HB 555 Workers' compensation; action against third-party tort-feasors.................................HB 144 Workers' compensation; subrogation of employer's rights...........................................HB 222 Wrongful death; minor's recovery; guardianship...........................................................HB 181
TRADE (See Commerce and Trade)
TRAFFIC OFFENSES (See Motor Vehicles and Traffic)
TRANSPORTATION, DEPARTMENT OF (Also, see Highways, Bridges and Ferries) Bicycle and pedestrian facilities; request funds from Federal Highway Administration..............................................................................................HB 1036 Counties and municipalities; airport outside boundary; Transportation Board approval....................................................................................HB 848 State Board; call for election of member from Fifth Congressional District....................................................................................................Page 25 State Board; call for election of member from Sixth Congressional District....................................................................................................Page 25 State Board; election; Honorable Brad Hubbert; Fifth Congressional District........................................................................................Page 132 State Board; election; Honorable Max Golden; Sixth Congressional District .......................................................................................Page 182
TRIALS Civil practice; cause of actions outside state; certain dismissal..................................HB 950 Civil practice; stay of proceedings; certain federal provisions.....................................HB 720 Continuances; absence of attorney; General Assembly staff ........................................SB 310 Continuances; absence of witness, application; absence of attorney, General Assembly staff; professional malpractice, expert witness..........................HB 461 Continuances; party in armed forces................................................................................SB 238 Felony; trial upon accusations; waive grand jury indictment......................................HB 496 Jurisdiction and venue; transfer of indictment and accusation..................................HB 847 Probate courts; certain misdemeanor cases; jurisdiction............................................HB 1098 Probate courts; certain misdemeanor cases; jurisdiction............................................HB 1099
TRINITY CHRISTIAN METHODIST EPISCOPAL CHURCH; commend ...HR 127
TROUP COUNTY Board of elections; repeal..................................................................................................HB 378 Grant easement......................................................................................................................SR 39
TROUPE, INELL; commend ............................................................................................HR 341
TRUSTS (Also, see Wills, Trusts and Administration of Estates) Financial institutions and attorneys; trust accounts...................................................HB 1097 Georgia Trust Act; enact ...................................................................................................HB 794 Real estate transfer tax; certain heirs; exemption.........................................................HB 563 Self-proved will; testator and witnesses; affidavits.......................................................HB 556 Self-sufficiency Trust Fund for Mentally Disabled Persons; create...........................HB 689 Technology Related Assistance Trust Fund for Individuals with Disabilities - CA .....................................................................................................SR 146
TUCKER, HERMAN B.; condolences ............................................................................HR 447
TURNER COUNTY Concerned Citizens Organization of Ashburn and Turner County; commend .........HR 624 Turner County Peanut Monument; proclaim as official state peanut monument........................................................................................................................HR 412

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2872

INDEX

TURNER, MR. AND MRS. GLENN H.; fiftieth anniversary; commend...............HR 426 TURNER, MR. AND MRS. JACK; fiftieth anniversary; congratulate ...................HR 208 TUTTLE, HONORABLE ELBERT PARR; congratulate..........................................HR 87 TWIGGS, HONORABLE RALPH; commend.............................................................HR 501 TYBEE ISLAND, CITY OF; mayor and council; election...........................................HB 94

u

UNDERWOOD, MR. CARROLL; commend ...............................................................HR 176
UNEMPLOYMENT COMPENSATION (See Employment or Labor and Industrial Relations)
UNIFORM RULES OF THE ROAD Certain traffic offenses; persons under age 18; suspend driver's license until 18................................................................................................................HB 868 Insurance; aftermarket crash parts; definitions and provisions..................................HB 888 Motor vehicles; moving or storing; liens..........................................................................SB 339 Vehicles transporting biohazardous waste; certain markings or placard on vehicles.........................................................................................................HB 886
UNION COUNTY Coosa Water Authority; boundaries.................................................................................HB 935 Notla Water Authority; boundaries.................................................................................HB 940
UNITED STATES ARMY; 24th Infantry Division (Mechanized); commend .......HR 499
UNIVERSITY OF GEORGIA BASEBALL TEAM AND COACHES 1990 NCAA Division I National Champions; invite to House.....................................HR 98
UNIVERSITY SYSTEM OF GEORGIA (Also, see Board of Regents, University System of Georgia) Commend.............................................................................................................................HR 596 Outstanding Scholars Academic Recognition Day; commend.....................................HR 361
USED CAR DEALERS' REGISTRATION ACT; leasing and rental companies and pawnbrokers; licensing; exemptions .....................................................HB 594

V

VALDOSTA HIGH SCHOOL FOOTBALL TEAM; commend; invite Coach Nick Hyder to House .........................................................................................................HR 164
VAN SHELTON, RICKY; commend..............................................................................HR 491
VENEREAL DISEASE AIDS; reports; provisions ..................................................................................................HB 690 AIDS transmitting crimes; test and disclosure upon indictment................................HB 527 AIDS transmitting crimes; test and disclosure upon indictment................................HB 554 Inmates with infectious disease; notify agency transporting.......................................HB 288
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2873

VENEREAL DISEASE (Continued) Inmates with infectious disease or HIV infected; notification.....................................SB 128 Schools; sex education and AIDS prevention; sexual abstinence................................HB 675 Simple and aggravated AIDS battery; provide for offenses; penalties.......................HB 910 Sodomy; repeal certain provisions ...................................................................................HB 385
VETERANS' AFFAIRS Beneficiaries; guardians' compensation...........................................................................HB 760 Bush, President George; invite to Southeast Georgia Veteran's Day celebration..................................................................................................................SR 56 Department of Veterans Service; appointments...............................................................SB 48 House Military Support and Assistance Study Committee; create............................HR 211 Tags; county decals, prohibitions; Purple Heart veterans, special plates; flashing green lights, restrictions......................................................................SB 324 Tags; distinctive plate; armed forces of United States..................................................SB 351 Tags; prestige plates; United States veterans................................................................HB 788 Tags; special plates for prisoners of war; include Persian Gulf War........................................................................................................................HB 1087 Veterans Armed Forces Honor Commission; create......................................................HR 443 Veterans' drivers' licenses; qualifications ..........................................................................SB 69 Veterans' drivers' licenses; qualifications ........................................................................SB 199
VETOES; communications from Governor....................................................Pages 28, 30, 2732
VICTIMS OF CRIMES Child victim or witness; two-way closed circuit television............................................SB 178 Law enforcement agencies; copies for certain solicitations; prohibit..........................SB 376 Supreme Court decision; Pennsylvania v. Davenport; urge Congress override............................................................................................................HR 151
VITAL RECORDS Birth and death certificates; amend provisions.............................................................HB 269 Birth certificates; amend provisions................................................................................HB 273 Common-law marriage; proof; certain evidence required.............................................HB 539 Confidentiality.....................................................................................................................SB 229
VOCATIONAL EDUCATION Auctioneers; education, research and recovery fund; create.........................................SB 161 Barbershops and schools; sanitary precautions; comply.............................................HB 1077 Elementary, secondary, and adult education; pilot projects; decategorize funds ..........................................................................................................HB 744 Georgia Military College; two-year limit; delete............................................................HB 842 House Postsecondary Vocational Education Laboratory, Equipment, and Library Research Needs Study Committee; create...........................................HR 100 Local school districts or systems; bonded indebtedness; State Board withhold state moneys for payment................................................................HB 792 Schools; uniform scale of grading.....................................................................................HB 370 Study Commission on Postsecondary Technical and Adult Education Finance; create.................................................................................................................SR 205 Technical and adult education; employees; payroll deduction; certain charity..................................................................................................................SB 180 Technical and adult education; reduction in force; State Board develop policy ..................................................................................................................HB 320
VOTING (Also, see Elections) Ballots; order of names; randomized alphabet...............................................................HB 178 Booth for handicapped persons; designation....................................................................HB 14 Constitution; proposed changes; summary at polling places.......................................HB 670 County merger or division; remove certain requirement - CA....................................HR 526

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2874

INDEX

VOTING (Also, see Elections) (Continued) Elections; plurality vote; exceptions................................................................................HB 100 Municipal elections; utilize county voter registration system.....................................HB 205 Right to vote; urge student awareness............................................................................HR 297 Superior court judges; election...........................................................................................HB 99

w

WADDLE, HONORABLE THEODORE W.; commend...........................................HR 486
WALKER COUNTY Probate judge's personnel; compensation.....................................................................HB 1023 Superior court clerk's personnel; compensation ..........................................................HB 1025 Tax commissioner's personnel; compensation..............................................................HB 1024 Water and sewer utility authority; create.......................................................................HB 770
WALKER, PRIVATE FIRST CLASS CHARLES SCOTT; condolences; invite family to House .......................................................................................................HR 293
WALTON COUNTY; chief magistrate; appointment...................................................HB 979
WARE COUNTY; board of education; election .............................................................HB 949
WAREHOUSING Freeport tax exemption; continue....................................................................................HB 632 Freeport tax exemption; local option tax; time for election........................................HB 198 Motor vehicles; franchise protection; distributor..........................................................HB 646
WARM SPRINGS, CITY OF; lease property ...............................................................HR 352
WARNER ROBINS AIR LOGISTICS CENTER Recognize on 50th anniversary; commend Major General Richard F. Gillis and invite to House ........................................................................................HR 228
WARNER ROBINS, CITY OF Building authority; create..................................................................................................HB 927 Corporate limits................................................................................................................HB 1047
WARWICK, CITY OF; mayor and council; terms........................................................HB 922
WASHINGTON COUNTY Board of education; reconstitute......................................................................................HB 732 Grant easement...................................................................................................................HR 160 High School Hawks and Hawkettes basketball teams; commend ..............................HR 425
WATER AND WASTEWATER (Also, see Waters, Ports and Watercraft) Biomedical waste thermal treatment technology facilities; moratorium .....................HR 31 Biomedical waste thermal treatment technology facility; prohibit; exception..........................................................................................................................HB 381 Biomedical waste thermal treatment technology facility; prohibit; permit.................................................................................................................................HB 82 Department of Administrative Services; purchase recycled paper products...............HB 36 Disposal; public or private services; regulation..............................................................HB 419 Division of Irrigation Contractors; create.......................................................................HB 559 Hazardous waste facility; near groundwater recharge area; prohibit.......................HB 1091 Hazardous Waste Management Act; definitions............................................................HB 652 Herty Foundation; tax exemptions..................................................................................HB 312
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INDEX

2875

WATER AND WASTEWATER (Also, see Waters, Ports and Watercraft) (Continued)
Low-level radioactive waste; provisions...........................................................................HB 723 Permit modifications; limitations.....................................................................................HB 182 Solid waste facility; near certain Georgia lakes; prohibit.............................................HB 784 Surface water violations; cooperative effort; abatement...............................................HB 648 Toxic heavy metals in packaging.....................................................................................HB 124 Water and wastewater treatment plant operators and laboratory
analysts; continuation ....................................................................................................HB 558 Water quality; limits on phosphorus discharged into
Chattahoochee River......................................................................................................HB 814 Water quality; limits on phosphorus discharged into
Chattahoochee River.......................................................................................................SB 381 Water system services; rates, fees, charges; county set..............................................HB 1057 Water well contractors; license renewal; examination..................................................HB 748 Water well contractors; licensing; proof of experience .................................................HB 561 Water Well Standards Advisory Council; continuation................................................HB 616

WATERS, PORTS AND WATERCRAFT
Alcoholic beverage sales; passenger vessels ......................................................................HB 49 Boat Safety Act; amend provisions..................................................................................HB 707 Environmental Policy Act; enact ........................................................................................SB 97 Excise tax; state and county; solid minerals severance................................................HB 696 Georgia's rivers; urge comprehensive assessment..........................................................HR 110 Hazardous substances; spills or releases; reporting........................................................SB 142 Hazardous waste facility; near groundwater recharge area; prohibit.......................HB 1091 Licenses; certain trailers; increase fees............................................................................HB 653 Local option sales tax; additional projects.....................................................................HB 598 Mountains and river corridors; protection; provide......................................................HB 643 Solid waste facility; near certain Georgia lakes; prohibit.............................................HB 784 Solid waste reduction; counties and municipalities encouraged to
exceed goals.....................................................................................................................HB 590 Surface water violations; cooperative effort; abatement...............................................HB 648 Water quality; limits on phosphorus discharged into
Chattahoochee River......................................................................................................HB 814 Water quality; limits on phosphorus discharged into
Chattahoochee River.......................................................................................................SB 381 Water Resource Conservation Management Study Committee; create.....................HR 348 Water restrictions; certain landscaping; urge exemption..............................................SR 179 Water system services; county set rates, fees, and charges........................................HB 1057

WAYCROSS, CITY OF; Downtown Waycross Development Authority; create ......HB 764

WAYNE COUNTY; grant easement...................................................................................SR 94

WEAPONS; false or facsimile bombs; prohibitions........................................................HB 107

WEBSTER COUNTY; board of commissioners; create ...............................................HB 171

WEIGHTS AND MEASURES Motor vehicle; projecting load; flag requirement...........................................................HB 568 Packaged commodities; provisions...................................................................................HB 177 Public weighers; bond requirement; repeal provisions .................................................HB 256

WELFARE (See Social Services)

WESTMORELAND, WILLIAM "BILL"; commend.................................................HR 191

WESTOVER HIGH SCHOOL Basketball team; commend...............................................................................................HR 555 Girls' basketball team; commend.....................................................................................HR 600

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WETLANDS Federal manual; urge Congress to mandate changes....................................................HR 114 Property; public road purposes; wetland mitigation.....................................................HB 674 Wetlands Conservation Study Committee; create...........................................................HR 19
WHALEY, ERNEST S.; commend.................................................................................HR 197
WHITE COUNTY; chief magistrate; nonpartisan.........................................................HB 853
WHITE, JEFFREY L.; commend....................................................................................HR 206
WHITFIELD COUNTY Board of education; election.............................................................................................HB 490 Full-time magistrate............................................................................................................SB 293 Grant easement......................................................................................................................SR 41
WILCOX COUNTY; grant easement...............................................................................HR 160
WILDLIFE K. T. Kennedy Reef; designate........................................................................................HR 500 Killing wildlife at night; condemnation of property; official use................................HB 811 Nonresident salt-water fishing license; trafficking in bears or bear parts; pet ferret..................................................................................................SB 374
WILEY, GAIL; commend.....................................................................................................HR 66
WILLIAMS, ISAIAH F. "IKE", JR.; condolences......................................................HR 403
WILLIAMS, J. T.; Eagles' Landing Country Club; Killearn Properties; commend..........................................................................................................HR 574
WILLIAMS, KERRY; commend .......................................................................................HR 67
WILLIS, MRS. RUBY; commend...................................................................................HR 626
WILLS, TRUSTS AND ADMINISTRATION OF ESTATES Estates; child born out of wedlock; inheritance.............................................................HB 251 Georgia Trust Act; enact...................................................................................................HB 794 Living wills; certain conditions; withhold life-sustaining procedures.........................HB 968 Real estate transfer tax; certain heirs; exemption.........................................................HB 563 Self-proved will; testator and witnesses; affidavits.......................................................HB 556 Wills; lost or destroyed; copy accepted for probate ......................................................HB 440 Wills; lost or destroyed; copy accepted for probate.........................................................SB 41 Year's support; certain items; delete provisions ............................................................HB 541 Year's support; determination of amount.......................................................................HB 540
WILSON, DR. CHARLES RAYMOND; condolences...............................................HR 389
WINE (Also, see Alcoholic Beverages and Alcoholism) Farm wineries in state; wine in bond; sell to each other .............................................HB 756 Farm wineries; Sunday sales; remote tasting rooms .....................................................HB 676 Farm wineries; Sunday sales; remote tasting rooms or special entertainment districts ...................................................................................................SB 389
WITNESSES Child victim or witness; two-way closed circuit television............................................SB 178 Civil practice; continuances; General Assembly staff; absence of witness, provisions; professional malpractice, expert witness..................................HB 461 Civil practice; depositions by telephone..........................................................................HB 729 Criminal procedure; discovery; statement.......................................................................HB 714 Evidence; Georgia Bureau of Investigation; written scientific reports..........................SB 59 Evidence; revise Code...........................................................................................................SB 51

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INDEX

2877

WITNESSES (Continued) Law enforcement officers; complaints against; establish criteria................................HB 854 Law enforcement officers; fees .........................................................................................HB 148 Law enforcement officers; fees .........................................................................................HB 455 Police officers; fees.............................................................................................................HB 161
"WOMEN'S HISTORY MONTH"; designate March, 1991.......................................HR 378
WOODBINE, CITY OF; annual crawfish festival; commend......................................HR 633
WOODY GLENN HIGHWAY; designate......................................................................HR 349
WOOTEN, WILLIE CLEVELAND; condolences.......................................................HR 405
WORKERS' COMPENSATION Action against third-party tort-feasors ...........................................................................HB 144 Certain nonprofit groups; coverage..................................................................................HB 307 Certain volunteers; coverage.............................................................................................HB 291 Definition of employee; exclude certain volunteers ....................................................HB 1001 Employer's failure to pay; penalty...................................................................................HB 550 Injured employees; designated physician; provisions....................................................HB 349 Interlocal risk management agencies; certain participation.........................................HB 344 Joint Workers' Compensation Study Committee; create.............................................HR 182 Joint Workers' Compensation Task Force; create.........................................................HR 290 Occupational disease; claim; extend time for filing.......................................................HB 406 Owner-operator of certain equipment; independent contractor..................................HB 773 Rehabilitation benefits; catastrophic injury...................................................................HB 815 Revise provisions...............................................................................................................HB 1082 Rights of employees............................................................................................................HB 407 Self-insurers; licensing of administrators........................................................................HB 776 Self-insurers; certain authorization to participate.........................................................HB 343 Self-insurers; expand definition of county......................................................................HB 533 Senior administrative law judges; appoint.......................................................................SB 323 Subrogation of employer's rights......................................................................................HB 222 Workers' Compensation Board; certain filing requirements........................................HB 117
WORLD CONGRESS CENTER Add members.......................................................................................................................SB 100 Amend provisions...............................................................................................................HB 928
WORTHY, SPECIALIST JAMES EARL Condolences.........................................................................................................................HR 515 Condolences.........................................................................................................................HR 613
WRIGHT, DARRON; commend.........................................................................................HR 69
WYNN, MARY LOU; commend ......................................................................................HR 605

YOUNG HARRIS, CITY OF; corporate limits.............................................................HB 945
YOUTH ASSEMBLY OFFICIALS Commend.............................................................................................................................HR 365 Commend.............................................................................................................................HR 463
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z

ZELL MILLER MOUNTAIN PARKWAY, THE; designate..................................HR 283
ZONING Airports; certain acquisitions; zoning laws .......................................................................HB 46 Conflict of interest; revise provisions.................................................................................SB 67 House Strategic Planning Study Committee; create.......................................................HR 28 Planning Commissions; identifiable areas and communities; population..................HB 825

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PART II
HOUSE BILLS
HB 1 --Income tax credit, low-income residents; sales tax exemption on certain food, repeal ........................................................................44, 105, 1588, 1638, 2315
HB 2 --Clinical laboratory definitions; include certain tissue banks ...................................................................44, 105, 149, 201, 705
HB 3 --Dentists or dental hygienists; licenses; continuing education ....................................................45, 105, 276, 425, 917
HB 4 --Dental hygienist; temporary license....................................45, 105, 285, 453, 917 HB 5 --Ambulance service; license requirement............................................45, 105, 285,
454, 1878, 2050 HB 6 --Motor vehicle insurance; uninsured motorist;
stacking of coverage...............................................................................45, 105 HB 7 --Ben Hill County; board of education;
correct clerical errors....................................................45, 105, 124, 125, 226 HB 8 --Corporal punishment on pupils; written
permission...............................................................................45, 105, 517, 540 HB 9 --State Boxing and Wrestling Commission; create .............................45, 105, 124,
229, 265 HB 10 --Jury list compilation; include motor vehicle registrants ..........................46, 105 HB 11 --Alcoholic beverages; open containers while
driving; prohibitions...........................................................46, 105, 926, 1297, 2146, 2162, 2231, 2241, 2299, 2698, 2730
HB 12 --Aliens; prohibit ownership of public utilities............................................46, 105, 906, 1045
HB 13 --Safety belts; failure to use; penalty.............................................................46, 105 HB 14 --Voting booth for handicapped persons; designation................................46, 105,
644, 896, 1920 HB 15 --License plates; county decal; prohibitions .............................46, 105, 1029, 1065 HB 16 --Fulton County; board of education retirement
system; 30 years .....................................................................................47, 105 HB 17 --Motor vehicle insurance; medical expenses; dollar amount.....................47, 105 HB 18 --Schools; corporal punishment.......................................................................47, 105 HB 19 --Motor fuel; repeal second tax.......................................................................47, 105 HB 20 --Lobbying; registration of representatives of
state agencies..........................................................................................47, 105 HB 21 --Juries; Public Safety Department; furnish certain list.............................47, 105 HB 22 --Alcoholic beverages; purchase by persons age 21
or younger; penalty........................................................................48, 105, 926 HB 23 --Driver's license; age 18 or under; education
requirements...........................................................................................48, 105 HB 24 --Divorce; additional fee; fund for domestic
violence shelters....................................................................48, 105, 518, 563 HB 25 --Mandatory education; age requirement......................................................48, 105

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HB 26 --Dentures; marking with social security number.......................................48, 105,
276, 503, 1920 HB 27 --Traffic cases; additional assessment; costs for
binding over............................................................................................48, 105 HB 28 --Crime of incest; limitation on prosecutions................................................49, 105 HB 29 --Termination of parental rights; copies
of orders.............................................................49, 105, 155, 205, 2302, 2357 HB 30 --Pricing and Advertising of Consumer Items Act
of 1991; enact..........................................................................................49, 105 HB 31 --Food Act; retail groceries; price on package...............................................49, 105 HB 32 --Motor Vehicle Warranty Rights Act; amend ....................49, 105, 250, 269, 649 HB 33 --Public retirement systems; introduction of
bills; state auditor's certification................................49, 105, 211, 246, 917 HB 34 --Public Retirement Systems Standards Law;
certain amendment not subject to provisions ..................................50, 105, 211, 247, 918
HB 35 --Public retirement systems; increase benefits to offset taxation................................................................50, 105, 211, 248, 918
HB 36 --Administrative Services, Department of; purchase recycled paper products...............................50, 105, 1539, 1759, 2486, 2548
HB 37 --Teachers Retirement System; certain creditable service..........................50, 105 HB 38 --Employees' Retirement System; disability
beneficiaries; income limitations .........................................................50, 105 HB 39 --Certain retirement systems; reestablishing
creditable service....................................................................................50, 105 HB 40 --Employees' Retirement System; members in armed
forces; contributions.....................................................51, 105, 211, 248, 918 HB 41 --Employees' Retirement System; new agencies; membership...................51, 105 HB 42 --Public retirement systems; board of trustees;
membership.......................................................51, 105, 277, 328, 1329, 1781 HB 43 --Public retirement systems; employer contribution
rates; provisions.............................................................51, 105, 211, 249, 918 HB 44 --Lowndes County; state court; full-time
judge................................................................................51, 105, 124, 125, 226 HB 45 --Airports; extraterritorial condemnation of property.................................51, 105 HB 46 --Airports; certain acquisitions; zoning laws .................................................52, 105 HB 47 --Bad checks; dishonor fee and service charge ............................................52, 105,
210, 238, 649 HB 48 --Jekyll Island-State Park Authority; membership .............................52, 105, 212 HB 49 --Alcoholic beverage sales; passenger vessels ................................................52, 105 HB 50 --Lottery materials and equipment; out-of-state
sales; change number of free replays..................................................52, 105 HB 51 --Alcoholic beverages; consumption on premises;
prohibitions.............................................................................................52, 105 HB 52 --Alcoholic beverages; package stores; certain
prohibitions.............................................................................................53, 105 HB 53 --State flag; change design...............................................................................53, 105 HB 54 --Dog racing; authorize pari-mutuel wagering...............................................53, 105 HB 55 --Horse racing; authorize pari-mutuel wagering...........................................53, 105 HB 56 --Sodomy and aggravated sodomy; change description
of offenses ...............................................................................................53, 105 HB 57 --Excise tax; public accommodations; nonprofit
organizations...........................................................................................53, 105
HB 58 --Casino gambling, authorization; Gaming Commission,
membership.............................................................................................54, 105
HB 59 --General Assembly; certain committees; subpoena
powers......................................................................................................54, 105

INDEX

2881

HB 60 --Waste management; municipal solid waste; certain requirements...........................................................................................54, 105
HB 61 --Alcoholic beverages; persons under age 21; prohibit from certain premises............................................................54, 105
HB 62 --Malt beverages; production for home consumption .........................................................................54, 105, 655, 1025
HB 63 --Driving under the influence; amend provisions..............................54, 105, 1136, 1302, 2020, 2030, 2126, 2129, 2134, 2700, 2730
HB 64 --Driving under the influence; alcohol concentration level..........................................................................................................55, 106
HB 65 --Driving under the influence; suspension of driver's license......................................................................................................55, 106
HB 66 --Driving under the influence; forfeiture of vehicle ......................................................55, 106, 644, 816, 1329, 2294, 2543
HB 67 --Elections; power of State Election Board to intervene.......................................................................55, 106, 312, 515, 1920
HB 68 --Elections Code; corrections ..................................................55, 106, 149, 201, 529 HB 69 --Appeals; bill of costs .................................................56, 106, 277, 502, 1925, 2079 HB 70 --Appeals; actions for damages; judgments
of $10,000.00.....................................................56, 106, 277, 501, 1878, 2081, 2134, 2151, 2222, 2501, 2540
HB 71 --Schools; compulsory attendance; age...........................................................56, 106 HB 72 --Controlled substance violation; forfeiture;
proceeds from sale............................................56, 106, 293, 463, 1775, 2191 HB 73 --Airports; acquisition or construction; required
consent.....................................................................................................56, 106 HB 74 --Driving under the influence; habitual violator;
forfeiture..................................................................................................57, 106 HB 75 --Driving under the influence; alcohol concentration
level..........................................................................................................57, 106 HB 76 --County or school district project; special purpose
sales tax...................................................................................................57, 106 HB 77 --Driving under the influence; third conviction;
treatment.................................................................................................57, 106 HB 78 --Teachers Retirement; optional Board of Regents
plan; eligible members; contributions........................57, 106, 211, 234, 802 HB 79 --Environmental Protection Division; director;
provide.....................................................................................................57, 106 HB 80 --Department of Environmental Protection;
create........................................................................................................58, 106 HB 81 --Teachers Retirement; postretirement benefit
adjustment..............................................................................................58, 106 HB 82 --Biomedical waste thermal treatment technology
facility; prohibit permit ........................................................................58, 106 HB 83 --Sentence review panel; repeal certain provisions ......................................58, 106 HB 84 --Employment Security; appropriation.................................58, 106, 312, 431, 802 HB 85 --Supplemental appropriations; FY 1990-91........................................59, 106, 124,
151, 292, 306 HB 86 --Trafficking in marijuana; penalty ...............................................59, 106, 277, 462 HB 87 --Juvenile proceedings; designated felony; drug
trafficking...............................................................................59, 106, 211, 267 HB 88 --Acupuncturists; regulation ............................................................................59, 106
HB 89 --Motor vehicle insurance; uninsured motorist;
stacked coverage.....................................................................................59, 106
HB 90 --Motor vehicle insurance; serious injury;
definition.................................................................................................59, 106
HB 91 --Consumer Auto Insurance Affordability Act of

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1991; enact..................................................--------...............60, 106, 149 HB 92 --Purchasing; acquisition of products produced
in United States......................................................----...................60, 106 HB 93 --Ad valorem tax; time for making returns ........................60, 106, 638, 814, 1264 HB 94 --Tybee Island, City of; mayor and council;
election............................................................................ 60, 106, 124, 125, 451 HB 95 --Waste management; recycled content newsprint.......................................60, 106 HB 96 --Disabled persons; right to be accompanied by
service dog.........................................................60, 106, 548, 573, 1879, 2094 HB 97 --Deeds to secure debt; cancellation; time limit..................................61, 106, 277,
697, 733, 922, 2244, 2356 HB 98 --Superior courts; single-member districts;
residency requirements....................................... ..----.--.................101, 123 HB 99 --Superior court judges; election...................................................................101, 123 HB 100 --Elections; plurality vote; exceptions..........................--..................101, 123, 644 HB 101 --Investment of state funds; South Africa;
prohibitions...........................................................................................101, 123 HB 102 --Investment of state funds; South Africa;
prohibitions...........................................................................................101, 123 HB 103 --Local governments and boards of education;
single-member districts.......................................................................101, 123 HB 104 --Counties; boards of commissioners; single-member
districts........................................................................................------.102, 123 HB 105 --Sales tax; food consumed off premises; exemption.................................102, 123 HB 106 --Death penalty; eliminate.............................................................................102, 123 HB 107 --False or facsimile bombs; prohibitions..................----...........................102, 123 HB 108 --State Boxing and Wrestling Commission;
create........................................................-..-.------........................102, 123 HB 109 --Merit system hearings; employee representation ....................................102, 123 HB 110 --Death penalty; televise executions............................................................. 103, 123 HB 111 --Local governments; fair rent commission.................................................103, 123 HB 112 --Merit system; employees; sick leave...........----......................................103, 123 HB 113 --Annexation; copy of local bills; requirement.................................103, 123, 1129 HB 114 --Laundry and dry cleaning equipment; regulation;
certain exception..................................................................................103, 123 HB 115 --Driving under the influence; additional penalties...................................103, 123
HB 116 --Judicial vacancies; Judicial Nominating Commission; provide assistance.........................................................104, 123
HB 117 --Workers' compensation; certain filing requirements...................................................----....104, 123, 155, 206, 891
HB 118 --State agencies; receipt of certain documents; requirements.....-...................................-...-104, 123, 155, 207, 1925, 2060
HB 119 --General Assembly; expense accounts; required documentation......................................................................................113, 148
HB 120 --Supplemental appropriations; FY 1990-91..........................105, 123, 1275, 1340, 1961, 2221, 2299, 2300, 2301, 2565, 2730
HB 121 --Airports; acquisition; consent of electors--.................................----.....113, 148 HB 122 --Public Safety; accident reports; fees.................................113, 148, 250, 330, 918 HB 123 --Marijuana; misdemeanor possession conviction;
driver's license suspension...................................113, 148, 1029, 1530, 2142 HB 124 --Waste management; toxic heavy metals in packaging..................113, 148, 1129 HB 125 --Probation; community service; prohibit private
gain...................................................................114, 148, 155, 202, 2544, 2561
HB 126 --Depositions and discovery; filing certificate
of service................................................................................................114, 148
HB 127 --Stephens County; chief magistrate; election ...........................................114, 148,
169, 169, 289

INDEX

2883

HB 128 --Motor vehicle insurance; notice of claim by injured party.................................................................................114, 148, 905
HB 129 --Driving under the influence; period of detention.........................................114, 148, 518, 560, 653, 654, 1440, 1783
HB 130 --Health care; indigent or elderly patients; ventilator assistance ............................................................................114, 148
HB 131 --Pharmacists; equivalent name drugs or generic drugs............................115, 148 HB 132 --Motor vehicles; emission inspection fees..................................115, 148, 250, 270 HB 133 --Public Safety; motor vehicle accidents; access
to records.....................................................115, 148, 1029, 1171, 1926, 2066 HB 134 --Landlord and tenant; security deposits; military
personnel ....................................................................115, 148, 320, 495, 1093 HB 135 --Health insurance; certain coverage; repeal limitations...........................115, 148 HB 136 --Pharmacists; license hearings; certain
diaabilities...................................................................................H5, 148, 1089 HB 137 --Hydromorphone oral tablets; prohibit oral prescription........................116, 148 HB 138 --Employees' Retirement System; 32 years service....................................116, 148 HB 139 --Uniform Commercial Driver's License Act; amend................................116, 148,
1029, 1149, 1920 HB 140 --Georgia Aviation Hall of Fame; Board, members;
Overview Committee, create.........................................116, 148, 1323, 1670, 2544, 2549, 2619, 2665, 2728
HB 141 --Bailiff and juror fees; assess convicted defendants.........................116, 148, 518 HB 142 --Schools; age range per grade ............................................................116, 148, 1083 HB 143 --Engineers and land surveyors; amend provisions...........................117, 148, 320,
680, 708, 744 HB 144 --Workers' compensation; action against third-party
tort-feasors............................................................................................117, 148 HB 145 --Motor vehicle insurance; defensive drivers and
honor students; discount.................................117, 148, 277, 331, 892, 2086 HB 146 --Professional Practices Commission; reportable
offenses...................................................................H7, 148, 1028, 1122, 1920 HB 147 --Alcohol and drug education course; fees...................................................117, 148 HB 148 --Law enforcement officers; witness fees.....................................................117, 148 HB 149 --Motor vehicles; radio, stereo, and other sound-making
devices; prohibitions..............................118, 148, 518, 678, 708, 1266, 2056 HB 150 --Alcoholic beverages; possession by persons under 21; complete
certain program..........................................................................118, 148, 1129 HB 151 --Bad checks; prosecution by subsequent holder .......................................118, 148 HB 152 --Driving under the influence; eliminate nolo
contendere plea....................................................................................118, 148 HB 153 --Equal Employment Opportunity Act; enact ............................................118, 148 HB 154 --Sales tax; exempt food, telephone service ................................................118, 148 HB 155 --Juvenile court; transferred case; death penalty
prohibition.............................................................................................119, 148 HB 156 --Retirement and pension funds; prohibit investments;
loans to South Africa...........................................................................119, 148 HB 157 --Retail facilities; public rest room...............................................................119, 148 HB 158 --Motorcycles; headgear and eye protective devices;
change requirement.............................................................................119, 148 HB 159 --Driving under the influence; first offenders;
education/intervention program........................................................ 119, 148
HB 160 --Private detective or security agency; denial
of license .....................................................................................119, 148, 1539
HB 161 --Police officers; witness fees.........................................................................!20, 148
HB 162 --Council of Special Court Judges; create ...................................................120, 148
HB 163 --Driving with suspended license; increase penalty ...................................120, 148

2884

INDEX

HB 164 --Alcohol and drug courses; fee.....................................................................120, 148 HB 165 --Ignition interlock device; condition of probation
for driving under the influence..........................................................120, 148 HB 166 --Counties and municipalities; acquire property for
airport runways; referendum..............................................................120, 148 HB 167 --Code of Georgia; revisions........................................!20, 148, 155, 202, 893, 1794 HB 168 --Retirement Code; revisions........................................l21, 148, 150, 211, 268, 649 HB 169 --Joint Legislative Commission on Future
Strategies; create..................................................................................!21, 148 HB 170 --Courts; jurisdiction to shorten period
of probation.................................................................121, 148, 155, 208, 649 HB 171 --Webster County; board of commissioners;
create..................................................................,..........121, 148, 169, 169, 289 HB 172 --Carlton, City of; mayor and councilman;
terms.............................................................................121, 148, 169, 169, 289 HB 173 --Clerk of the House and Secretary of the Senate;
permanent disability; succession to office.......................................121, 148, 211, 237, 1266, 2084
HB 174 --Diseases in livestock; injunctions; provide...............................................121, 148, 210, 243, 891
HB 175 --Farm Tractor Warranty Act; enact....................122, 148, 637, 1180, 2301, 2363 HB 176 --Colleges; Matthews-Dent scholarships; establish.....................................122, 148 HB 177 --Weights and measures; packaged commodities;
provisions.....................................................................122, 148, 210, 243, 891 HB 178 --Ballots; order of names; randomized alphabet.........................................!36, 168 HB 179 --Controlled substances; Schedule III; muscle
growth drugs................................................................136, 168, 285, 496, 951 HB 180 --Children; certain cases; provide legal counsel..........................................137, 168 HB 181 --Wrongful death; minor's recovery; guardianship.....................................137, 168 HB 182 --Waste management; permit modifications;
Iimitations........................................................l37, 168, 555, 871, 2020, 2095 HB 183 --Superior Court Judges Retirement; creditable
service....................................................................................................137, 168 HB 184 --District Attorneys'Retirement System; membership.............................137, 168 HB 185 --Physical therapists; licenses; State Board's
authority......................................................................................l37, 168, 1089 HB 186 --Law enforcement agencies; use of deadly force
to prevent escapes or apprehend escapees......................................138, 168, 518, 633, 918
HB 187 --Driver's license in lieu of bail; receipt......................................................138, 168, 250, 273, 2531
HB 188 --Service of process; any U. S. citizen; limitation .....................................138, 168, 1315, 1703, 2511, 2664
HB 189 --Public officers and employees; loyalty oath; delete certain reference.............................................................138, 168, 1014
HB 190 --Alien; employment loyalty oath; delete certain reference................................................................................................138, 168
HB 191 --Public officers and employees; loyalty oath; change provisions.................................................................................138, 168
HB 192 --Massage therapists; regulations..................................................................139, 168 HB 193 --School textbooks; purchasing by local systems........................................139, 168 HB 194 --Health insurance; benefits for certain district
attorney personnel...............................................................................139, 168
HB 195 --Special elections; uniform dates........................................139, 155, 168, 203, 529
HB 196 --Campaign contributions; disclosure reports;
unopposed candidate..........................................................139, 155, 168, 204
HB 197 --Elections; nomination petitions; requirements.........................................139, 168

INDEX

2885

HB 198 --Freeport exemption; local option tax; time for election..........................................................................140, 168, 638, 1243
HB 199 --Council of Juvenile Court Judges; membership .....................................140, 168,
211, 426, 2142 HB 200 --Elections; qualifying fees; form of payment............................................140, 168,
312, 460, 491 HB 201 --Elections; write-in candidates; specify
office..............................................................................l40, 168, 312, 457, 918 HB 202 --Superior court clerk; vacancy; service by
deputy...........................................................................140, 168, 312, 457, 919 HB 203 --Employees' Retirement System; GeorgiaNet
Authority employees............................................................................140, 168 HB 204 --Municipal elections; notice of candidacy .........................141, 168, 312, 458, 919 HB 205 --Municipal elections; utilize county voter
registration system ......................................................................141, 168, 644 HB 206 --Elections; Public Safety examiners; deputy
registrars .....................................................................................141, 168, 1315 HB 207 --Georgia Crime Information Center; records available
to county registrars...........................................................141, 168, 644, 1704 HB 208 --Business records; three-year retention.........................141, 168, 734, 1174, 2142 HB 209 --County tax officials; vacancy in office..............................l41, 168, 312, 459, 919 HB 210 --GeorgiaNet Authority; information from public
to agencies ........................................................142, 168, 209, 320, 511, 1440, 2068, 2301, 2545, 2618, 2671, 2731
HB 211 --Probate judge; nonpartisan election..........................................................142, 168 HB 212 --Juvenile procedure; jurisdiction; prohibit for
certain crimes .......................................................................................142, 168 HB 213 --Mental health hearings; payment of expenses ......................142, 168, 906, 1244 HB 214 --Anesthesiologists; supervise four physician's assistants .........................142, 168 HB 215 --Courts Automation Commission; create ..........................................142, 168, 250,
330, 893, 1856 HB 216 --Teachers Retirement; creditable service; pregnancy leave.....................143, 168 HB 217 --Public Employee Hazardous Chemical Protection
Right to Know Act; amend.........................143, 168, 759, 1007, 2297, 2328 HB 218 --MARTA; annual report; public notice......................................!43, 168, 212, 239 HB 219 --MARTA; security and police force; powers.............................143, 168, 212, 241 HB 220 --Supreme Court; motion for reconsideration............................................143, 168,
277, 498, 1327 HB 221 --MARTA; certain reserve funds; change date ..........................143, 168, 212, 240 HB 222 --Workers' compensation; subrogation of employer's
rights......................................................................................................144, 168 HB 223 --Mechanics' and materialmen's liens; notification
after filing........................................................144, 168, 225, 328, 1440, 1792 HB 224 --Real estate licenses; revisions............................................................144, 168, 637,
874, 1329, 2071, 2145 HB 225 --Proprietary schools specializing in religious
instruction; exemption ........................................................................144, 168 HB 226 --Nonprofit corporations; revise Code...........................l44, 168, 1315, 1451, 2315 HB 227 --Gasoline marketing; retail sales; prohibitions...............................!44, 168, 1128,
1337, 1393, 1618, 1620 HB 228 --Accident and sickness insurance; reimbursements for certain
services...................................................................................................145, 168
HB 229 --Campaign contributions; unopposed candidates;
disclosure...............................................................................................145, 168
HB 230 --State contracts; minority business participation.....................................145, 168
HB 231 --Housing authorities; police powers............................................!45, 168, 277, 332
HB 232 --Counties and municipalities; mutual aid agreements with

2886

INDEX

federal government or other states; law enforcement assistance............................-..............145, 168, 906, 1272, 2315 HB 233 --Ad valorem tax; fair market value; federal or state restrictions on property use...............................................146, 168, 638, 902 HB 234 --Sales tax; certain sales by schools; exemption.........................................146, 168 HB 235 --Public officials; vacancies in office; appointments .....................................................................146, 169, 644, 1526 HB 236 --Chatham-Savannah Youth Futures Authority; membership..................................................................l46, 169, 199, 199, 451 HB 237 --Acworth, City of; approval of expenditures; special election ............................................................146, 169, 199, 199, 451 HB 238 --Emergency management rescue specialist; indemnification......................................................l46, 169, 1128, 1179, 2142 HB 239 --Superior court judges; appointment..........................................................147, 169 HB 240 --Limitation on prosecution; exclude certain offenses .................................................................................147, 169, 518, 563 HB 241 --Emergency management; local governments authorize local organization............................................!47, 169, 494, 543, 2486, 2549 HB 242 --Controlled substances; offense by law enforcement officer or prison guard; felony ...........................................................156, 198 HB 243 --Interference with visitation rights; define offense...................................156, 198 HB 244 --Certain prisoners and probationers; mandatory educational instruction...........................................157, 198, 246, 1540, 1684 HB 245 --Motor vehicles; amend Code.....................................................157, 198, 518, 538,
1440, 2061, 2134, 2151, 2231 HB 246 --Sandy Springs, City of; incorporate...........................................................l57, 198 HB 247 --Driver's license; learner's permit at age 14;
restrictions ...................................................................157, 198, 250, 272, 705 HB 248 --Prison inmates or personnel; random drug
testing.........................................................................157, 198, 246, 743, 1315 HB 249 --Controlled substances; forfeiture; use of proceeds..................................157, 198 HB 250 --Ad valorem tax; millage rate; publication requirement..........................158, 198 HB 251 --Estates; child born out of wedlock; inheritance......................................158, 198,
518, 566, 2532 HB 252 --Georgia Commission on Public Education Progress;
establish.................................................................................................l58, 198 HB 253 --Controlled substances; certain violations;
prohibit first offender status..............................................................158, 198 HB 254 --Alcoholic beverages; open container while driving
or passenger; prohibit..........................................................................158, 198 HB 255 --Public employees; certain final conviction;
ineligible for office.............,....................................158, 198, 644, 1023, 1045 HB 256 --Public weighers; bond requirement; repeal
provisions.....................................................................159, 198, 210, 244, 891 HB 257 --Tax assessors; appeal of certain valuations;
additional duties...........................................159, 198, 638, 1418, 2146, 2218 HB 258 --Speed detection devices; admissible evidence;
restrictions.........................................................159, 198, 211, 266, 291, 1003 HB 259 --Restrictive covenants; limitation on action; building
set-back line ....................................................159, 198, 480, 505, 1095, 1789 HB 260 --License plates; special or prestige tags; annual fee.................................159, 198 HB 261 --License plates; special tags; commemorate holding of
1996 Olympic Games in Atlanta............................................159, 198, 1029,
1109, 1879, 2082
HB 262 --Consumers'utility counsel; change automatic repeal.............................160, 198
HB 263 --Income tax credit; employers providing basic
skills education............................................................l60, 198, 313, 429, 802

INDEX

2887

HB 264 --Ad valorem tax; appraisal staff; access to property...............................160, 198,
555, 977, 1875 HB 265 --Teachers Retirement; employees of Professional
Practices Commission..........................................................................160, 198 HB 266 --Agricultural property; preferential assessment;
date of covenant ...........................................160, 198, 914, 1271, 2516, 2562 HB 267 --Dentists; continuing education...................................................................160, 198 HB 268 --Lobbying; registration of representatives of
state agencies...................................................l61, 198, 550, 746, 1266, 2083 HB 269 --Birth and death certificates; amend provisions..............................161, 198, 276,
455, 1925, 2045 HB 270 --Employees' Retirement; certain district attorney
employees..............................................................................................161, 198 HB 271 --Criminal possession of incendiary or explosive
device; define offense ...............................................161, 198, 277, 491, 1438 HB 272 --Fire Sprinkler Act; amend.........................................................!61, 198, 320, 513,
1878, 2070, 2133, 2152, 2184, 2485, 2731 HB 273 --Birth certificates; amend provisions..........................................................161, 198 HB 274 --Environmental Protection Division, director;
Environmental Advisory Council, create ................................162, 198, 292, 334, 893, 1804, 1927
HB 275 --Schools; smoking prohibitions.........................................162, 198, 309, 888, 1707 HB 276 --Drug abuse treatment programs; priority to
pregnant females.............................................l62, 198, 285, 476, 2433, 2511 HB 277 --Firearms; storage in locked container .......................................................162, 198 HB 278 --Pistols and revolvers; sales by dealer;
required procedure...............................................................................162, 199 HB 279 --Accident and sickness insurance; out-of-state mail
order pharmacies......................................................!62, 199, 549, 711, 1878, 2040, 2170, 2172, 2231, 2667, 2731
HB 280 --Electric utilities; integrated resource planning...........................................................163, 199, 320, 761, 2398, 2486
HB 281 --Certain games and devices; exception to prohibition against gambling.......................................................163, 199, 320, 510, 1093
HB 282 --Seat belts; failure to use; additional violations........................................163, 199 HB 283 --Ad valorem tax; conservation use property;
residential transitional property; timber.................................163, 199, 644, 770, 2301, 2330, 2432, 2451, 2526, 2679, 2731
HB 284 --Supplemental appropriations; FY 1990-91......................................163, 199, 312, 335, 756, 819, 893, 903, 907, 1193, 1267
HB 285 --General appropriations; FY 1991-92....................................163, 199, 1275, 1340, 1961, 1961, 2051, 2082, 2103, 2569, 2731
HB 286 --Supplemental appropriations; FY 1991-92...............................................164, 199 HB 287 --Georgia Municipal Training Act; amend provisions..............................164, 199,
481, 536, 1093 HB 288 --Inmates with infectious disease; notify agency
transporting .................................................................164, 199, 550, 564, 919 HB 289 --Child abuse; accessing records; amend provisions..................................165, 199,
549, 710, 1553 HB 290 --Superior court clerks; fees..................................!65, 199, 1540, 1626, 2146, 2205 HB 291 --Workers' compensation; certain volunteers;
coverage..............................................................!65, 199, 277, 426, 920, 1791
HB 292 --Equine Activities Immunity Act; enact...........................................165, 199, 637,
1017, 1878, 2185, 2319
HB 293 --Revolving account; delinquency charges; amount ..................................165, 199,
637, 898, 1327
HB 294 --Decatur County; tax commissioner; compensation.................................166, 199,

2888

INDEX

225, 225, 451 HB 295 --Conditioned air contractors; licenses; continuing
education.......................................................!66, 199, 905, 1062, 2146, 2326, 2432, 2459, 2515, 2710, 2731
HB 296 --Retirees; health care benefits; prefunding...............................................166, 199, 733, 1016, 1920
HB 297 --DUI alcohol or drug use risk reduction programs...................................166, 199 HB 298 --Family violence and protective order violations;
arrest without warrant....................................................!66, 199, 1083, 1116 HB 299 --Judicial Nominating Commission; provide...............................................167, 199 HB 300 --Driving with suspended license; increase penalty ...................................167, 199 HB 301 --Proprietary schools; job placement of graduates.....................................167, 199 HB 302 --Georgia Children and Youth Overview Committee; create....................!67, 199 HB 303 --Employment Security Law; amend Code.......................l67, 199, 510, 575, 1093 HB 304 --Contracts with state; prohibit upon conviction
of discrimination..................................................................................167, 199 HB 305 --Educational loans; certain teachers; service
cancelable..............................................................................................168, 199 HB 306 --State employee benefit plans; include certain
nonprofit groups...................................................................................196, 224 HB 307 --Workers' compensation; certain nonprofit groups;
coverage.................................................................................................196, 224 HB 308 --Juries; list for commercial purposes;
prohibit .............................................................................196, 224, 1540, 1704 HB 309 --Employees' Retirement System; reemployment
penalties; over 1040 hours..................................................................196, 224 HB 310 --Retiree; return to service; less than 1040 hours
per year..................................................................................................l96, 224 HB 311 --Teachers Retirement System; disability; effective date .........................197, 224 HB 312 --Herty Foundation; tax exemptions............................................................197, 224 HB 313 --Certified municipal judge; change definition..........................................197, 224,
518, 543, 1264 HB 314 --Motor vehicle insurance; comprehensively revise...................................197, 224,
637, 717 HB 315 --Dentistry; scope of practice............................................!97, 224, 888, 1012, 1921 HB 316 --Fairburn, City of; homestead exemption; elderly
or disabled persons...................................................197, 224, 989, 990, 1164 HB 317 --Proprietary schools; amend provisions.............................................198, 224, 517,
533, 1556, 2483 HB 318 --Proprietary schools; fees; collection ..........................................198, 224, 517, 535 HB 319 --Proprietary schools; tuition guaranty trust fund;
establish............................................................................!98, 224, 1028, 1053 HB 320 --Technical and adult education; reduction in force;
State Board develop policy .....................................198, 224, 517, 535, 1554 HB 321 --School systems; real property acquisitions;
prohibit multiyear contracts ..............................................................215, 263 HB 322 --Atlanta, City of; contracts for criminal justice
facility; repeal certain provision........................................................215, 263 HB 323 --Shellfish; comprehensive regulation................................216, 263, 517, 572, 1438 HB 324 --Criminally derived property; unlawful to
deal in................................216, 263, 638, 759, 2486, 2650, 2700, 2712, 2725 HB 325 --Accident and sickness policies; coordination of
benefits; notice .....................................................................................216, 263
HB 326 --Newton County Industrial Development Authority;
bond issuance ............................................................216, 263, 286, 286, 1439
HB 327 --Newton County; board of education; compensation ..............................216, 263,
286, 286, 1439

INDEX

2889

HB 328 --Clinical laboratories; examination of human specimens; request by chiropractors.....................................................216, 263, 554, 743
HB 329 --Administrative procedure; contested cases; licensees' review of information..............................216, 263, 733, 899, 1327
HB 330 --Cobb County; ad valorem tax; millage rate .............................217, 263, 286, 286 HB 331 --Criminal solicitation; increase penalty..............................................217, 263, 743 HB 332 --Sales tax; exemption; items paid by state or federal
funds......................................................................................................217, 263 HB 333 --Delinquent taxes; garnishment; certain provisions.................................217, 263,
914, 1174, 2315 HB 334 --Certain taxes and license fees; payment by check;
provisions .................................................................217, 263, 518, 1331, 2532 HB 335 --Georgia Public Revenue Code; revise provisions....................................217, 263,
555, 902, 1327 HB 336 --Contractors; sales tax on execution of subcontracts;
bond.....................................................................................218, 263, 518, 1533 HB 337 --Sales and use tax; industrial materials exempt;
electricity excluded ..............................................................................218, 263 HB 338 --Corporate income taxes; time of payment.....................218, 263, 518, 902, 1327 HB 339 --Corporations; certain foreign income; taxable..........................................218, 263 HB 340 --Certain taxpayer appeals; file surety bonds; exception.........................218, 263,
914, 1148, 2532 HB 341 --Tax executions; surety bond for condemnation money................218, 263, 1130 HB 342 --General primary and nonpartisan primary; change date .......................219, 263 HB 343 --Workers' compensation; self-insurers; independent
school system; authority to participate ...........................................219, 263, 905, 924, 1264
HB 344 --Workers' compensation; interlocal risk management agencies; certain participation ............................219, 263, 1028, 1070, 1921
HB 345 --South Georgia Judicial Circuit; add judge................................................219, 263 HB 346 --Teachers Retirement System; reestablishing
creditable service.................................................................219, 263, 480, 508 HB 347 --Claimant's request; insurer's failure to comply;
sanctions ...............................................................................219, 263, 480, 506 HB 348 --Generic substitute for topically applied drugs;
limitations.............................................................................................220, 263 HB 349 --Workers' compensation; injured employees;
designated physician; provisions........................................................220, 263 HB 350 --Telephone service; certain billings; suspension ..............................220, 263, 637,
927, 1329, 1788 HB 351 --Certified public accountant; educational
requirements..............................................................220, 263, 637, 897, 1264 HB 352 --Motor vehicle insurance; notice of cancellation.......................................220, 263 HB 353 --Teachers Retirement System; attendance
officers; members.................................................................................220, 263 HB 354 --Lookout Mountain Judicial Circuit; add judge .............................220, 263, 2132 HB 355 --Sumter County; abolish elected office of
treasurer and appoint.................................................221, 263, 286, 286, 529 HB 356 --Catoosa County; probate judge; clerical
assistance......................................................................221, 263, 286, 287, 529 HB 357 --Ad valorem tax; freeport exemption; property valuation.......................221, 263 HB 358 --DUI alcohol or drug use risk reduction programs;
instructors; criminal records checks ........................................221, 263, 518,
748, 2146, 2163, 2244
HB 359 --Sumter County; community improvement districts...............................221, 263,
286, 287, 530
HB 360 --Blue Ridge and Gwinnett Judicial Circuits; add

2890

INDEX

judge.............................................................221, 263, 1540, 1571, 2222, 2351 HB 361 --Cumming-Forsyth County Unification Commission;
create.....................................................222, 263, 286, 287, 2321, 2404, 2452, 2452, 2544, 2644, 2731
HB 362 --Mitchell County; office of county administrator; provide..........................................................................222, 263, 286, 287, 530
HB 363 --Driving under the influence; alcohol concentration level........................................................................................................222, 263
HB 364 --Driving under the influence; third or subsequent conviction; increase penalty ...............................................................222, 263
HB 365 --Sales tax; exempt certain purchases for charitable purposes.................................................................................................222, 263
HB 366 --Homicides; time of death; change certain requirement.........................222, 263, 1548, 1683, 2300, 2370
HB 367 --Residential utility service; deposit requirements.....................................223, 263 HB 368 --Minors; working hours; prohibitions.........................................................^, 263 HB 369 --Certain counties; municipal corporation minimum boundary
requirements; exception.............................................................,223, 263, 481 HB 370 --Schools; uniform scale of grading....................................................223, 263, 2303 HB 371 --County attorneys; authorization; residency
requirements.........................................................................................223, 263 HB 372 --Teachers and substitute teachers; daily planning
period.....................................................................................................223, 263 HB 373 --Teachers; duty-free lunch periods.............................................224, 263, 517, 716 HB 374 --Tallapoosa Judicial Circuit; terms..................................224, 263, 480, 499, 1554 HB 375 --Firearms; regulation by state; exclusions...............................253, 285, 906, 1002 HB 376 --Bias Crimes Information and Documentation Act;
create....................................................................253, 285, 309, 518, 749, 805 HB 377 --Chatham County; board of elections; chairman's
appointment.................................................................253, 285, 320, 320, 557 HB 378 --Troup County; board of elections; repeal........................253, 285, 320, 321, 705 HB 379 --Certain county offenders; home arrest program.....................................253, 285,
812, 897, 1554 HB 380 --Certain county offenders; work release programs ..................................254, 285,
812, 897, 1327 HB 381 --Biomedical waste thermal treatment technology
facility; exception to prohibition.......................................................254, 285 HB 382 --Motor common carrier; Public Service Commission
license plate; requirement...................................................................254, 285 HB 383 --Licensed check cashers; surety bonds............................................254, 285, 1255,
1331, 1512, 2532 HB 384 --State or political subdivision; answer of
garnishment; charges...........................................................................254, 285 HB 385 --Sodomy; repeal certain provisions .............................................................254, 285 HB 386 --Holly Springs, City of; mayor and council; term.....................................255, 285
320, 321, 557 HB 387 --Guaranteed arrest bond certificate; increase
amount........................................................................255, 285, 549, 951, 1327 HB 388 --Cherokee County; board of education; vacancy
in district......................................................................255, 285, 320, 321, 557 HB 389 --Personal care homes; contested licenses; hearing
officer..........................................................................255, 285, 715, 949, 2532
HB 390 --Criminal issuance of bad check; define offense.............................255, 285, 1256
HB 391 --Professional school personnel; certification; waive
certain fees............................................................................................255, 285
HB 392 --Teachers Retirement System; unused sick leave;
creditable service..................................................................................256, 285

INDEX

2891

HB 393 --Quality Basic Education; midterm adjustment; program adjustment............................................................................................256, 285
HB 394 --Employees' Retirement System; death of spouse; new spouse's benefit....................................................................................256, 285
HB 395 --Mitchell County Hospital Authority; members......................................256, 285,
320, 321, 650 HB 396 --Stolen vehicles or license plates; report to
Georgia Crime Information Center....................256, 285, 1323, 1446, 2532 HB 397 --Jackson County; board of commissioners; vacancy................................256, 285,
320, 322, 557, 564 HB 398 --Rockdale Judicial Circuit; add judge..........................257, 285, 1540, 1572, 2315 HB 399 --Georgia Child Care Council; create......................257, 285, 715, 927, 1878, 2057 HB 400 --Health care corporations; formation; revise
provisions ...................................................................257, 285, 549, 748, 1093 HB 401 --Sales tax; exempt food.................................................................................257, 285 HB 402 --Cemeteries and burial grounds; preservation;
local government..................................................257, 285, 1159, 1404, 2437, 2551, 2653, 2663, 2729
HB 403 --County boards of education; meeting notices; publication .................................................................257, 285, 537, 740, 1438
HB 404 --Quality Basic Education; certain psychiatric and psychological courses; boards adopt policies............................257, 285
HB 405 --Child custody; age at which a child chooses ............................................258, 285 HB 406 --Workers' compensation; occupational disease;
extend time for filing claim............................................258, 285, 732, 1060, 1097, 1272, 2244, 2368
HB 407 --Workers' compensation; rights of employees ...........................................258, 285 HB 408 --Psychologists; scope of service ...............................................258, 285, 1100, 1278 HB 409 --Probation supervisors; compensation supplement...................................258, 285 HB 410 --Tax digest; conditional approval................................................................258, 285 HB 411 --Tax digest; appeals of rejections................................................................259, 285 HB 412 --Tax digest; rejection; appeal procedures .........................................259, 285, 914,
1100, 2244, 2503 HB 413 --Income tax; monthly and quarterly withholding
returns; amend..............................................259, 285, 555, 1122, 1878, 2063 HB 414 --Tax digest; disapproval by commissioner; assessment............................259, 285 HB 415 --Tax digest; disapproved; collection authorization...................................259, 285 HB 416 --Assistant district attorneys; child support
recovery duties............................................259, 285, 1083, 1277, 2302, 2505 HB 417 --Guardians; incapacitated adults; emergency conditions........................260, 285,
906, 1108, 2301, 2329 HB 418 --State property; lease or rental approval;
State Properties Commission.............................................................260, 285 HB 419 --Waste disposal; public and private services;
regulation......................................................................................260, 285, 425 HB 420 --Counties and municipalities; excise tax levies;
hotels and motels...............................260, 285, 914, 1111, 1925, 2344, 2543 HB 421 --Employees' Retirement System; certain military
service; credit........................................................................................260, 285 HB 422 --Citizens band radio; special license plates;
repeal authorization....................................................260, 285, 518, 562, 919 HB 423 --Motor vehicle licensing requirements; resident......................................261, 285,
518, 559, 951
HB 424 --Hospital authorities; state grants for public
health purposes....................................................................261, 285, 548, 739
HB 425 --Driving under the influence; fourth through sixth
convictions; penalties...........................................................................261, 285

2892

INDEX

HB 426 --Child Support Recovery Act; amend provisions............................261, 285, 1540 HB 427 --General Assembly; oath; state court judge
administer ................................................................261, 285, 518, 1271, 2532 HB 428 --General Assembly; local bill advertisements;
affidavit by author....................................................278, 319, 526, 807, 1554 HB 429 --Superior Court Judges Retirement; disability;
judge may become senior judge..........................278, 319, 1083, 1097, 1921 HB 430 --Real Estate Commission; terms of office ..................................................279, 319 HB 431 --Certain lease agreements; discharge of sales and
use tax....................................................................................................279, 319 HB 432 --Smoking in food establishments; prohibitions .........................................279, 319 HB 433 --Motor vehicle insurance; surcharge; prohibition......................................279, 319 HB 434 --Fire suppression systems; regulate..............................279, 319, 1588, 1654, 2533 HB 435 --Property acquired by state; reduced ad valorem
tax liability............................................................................................279, 319 HB 436 --Certain unclaimed bonds; disposition ........................280, 319, 1136, 1527, 2533 HB 437 --Board of Athletic Trainers; define athletic
injury and athletic trainer.........................280, 319, 1541, 1671, 2146, 2220 HB 438 --Leased livestock; owner; liability ..................................280, 319, 637, 1107, 2143 HB 439 --Elevators, dumbwaiters, escalators, manlifts, and
moving walks; boiler and pressure vessels; carnival rides; inspection and fees ...................................................280, 319, 637, 868, 1327 HB 440 --Wills; lost or damaged; copy accepted for probate .................................280, 319 HB 441 --Firemen's Pension Fund; amend provisions..................280, 319, 480, 542, 1094 HB 442 --Sheriffs' Retirement Fund; fees collected; increase.......................................................................281, 319, 518, 533, 1094 HB 443 --Battery and simple battery; increase punishment ........................281, 319, 1136 HB 444 --Domestic violence; specialized training for peace officers ........................................................................................281, 319 HB 445 --Child custody; revise provisions .................................................................281, 319 HB 446 --Veterinary medicine; certain dental procedures .....................................281, 319,
637, 1527, 2143 HB 447 --Domestic violence cases; spouse compelled to testify .............................281, 319 HB 448 --Family violence offense; additional conditions of
bail; authorize........................................................282, 319, 1136, 1175, 2018 HB 449 --Family violence offense; written reports........................................282, 319, 1136,
1269, 2146, 2175 HB 450 --Georgia Prompt Payment Act; enact .................282, 319, 989, 1190, 2149, 2190 HB 451 --Driver's license suspension; refusing to submit
to chemical test ...............................................................282, 319, 1424, 1450 HB 452 --Employees' Retirement System; certain law enforcement
officers; contributions..........................................................................282, 319 HB 453 --School closing; certain conditions; certain
personnel authorized to leave ............................................................282, 319 HB 454 --Indemnification, time limit for filing application;
certain Public Service Commission personnel, eligibility........................................................283, 319, 549, 1123, 2516, 2556 HB 455 --Law enforcement officers; witness fees..........................................283, 319, 1424,
1685, 2398, 2513 HB 456 --Income tax; capital gains adjustment .....................................283, 319, 555, 1123 HB 457 --Burial grounds, human remains, and burial objects;
protection..............................................................................................283, 319
HB 458 --Child; born or unborn; unlawful to sell.....................................................283, 319
HB 459 --Alcoholic beverage sales on Sunday; remove prohibition.......................283, 319
HB 460 --Pistol or revolver; license to carry; five-hour
training..................................................................................................284, 319
HB 461 --Trials; absence of witness; absence of attorney;

INDEX

2893

professional malpractice....................................................284, 319, 518, 537,

2183, 2245, 2319 HB 462 --McDuffie County; deputy coroner; provide ....................................284, 319, 449,

HB 463 --Ad valorem tax, definitions; tangible property,

449, 736, 738

assessment.............................................................................................284, 319

HB 464 --Tift County; board of commissioners; chairman's

compensation ...............................................................315, 448, 488, 488, 705

HB 465 --Bids by affiliated corporations; certain cases;

forfeit bond....................................................315, 448, 905, 1121, 1879, 2052

HB 466 --Ad valorem tax; real estate transfer tax; filing........................................315, 448

HB 467 --Municipal elections; terms; General Assembly

change by local law..............................................................................315, 448

HB 468 --License plate resembling official plate; prohibit

on rear of vehicle..................................................315, 448, 1029, 1120, 2533

HB 469 --Inpatient because of insanity plea; release

hearing..............................................................316, 448, 549, 741, 2297, 2392

HB 470 --Check cashers; licensing; change exemption............................................316, 448,

979, 1059, 1328 HB 471 --Pawnbrokers; regulation and licensing......................................................316, 448

HB 472 --Medical assistance; certain drugs; prior

authorization and approval ................................................................316, 448

HB 473 --License examiners; deputies to certain boards

of registrars...........................................................................................316, 448

HB 474 --Occupational therapists; licensing; provisions.........................................316, 448,

1089, 1514, 2018

HB 475 --Boll weevil eradication; cotton destruction;

exemption ........................................................317, 448, 479, 507, 2232, 2355

HB 476 --Deceased indigents; decent interment; county

provide........................................................................317, 448, 481, 500, 1921

HB 477 --Proprietary schools; additional limited exemption..................................317, 448

HB 478 --Superior Court Judges Retirement; mandatory

retirement age; delete.............................................317, 448, 906, 1240, 1921

HB 479 --Supreme Court Justices and Appeals Court Judges;

retirement benefits; delete certain provisions.................................317, 448

HB 480 --Sports events; ticket sellers; service

charge ...............................................................317, 448, 638, 758, 1556, 1785

HB 481 --Waste management; scrap tire disposal; regulations...............................318, 448

HB 482 --Indigent Care Trust Fund; contributions......................318, 448, 548, 759, 1608

HB 483 --Superior Court Judges Retirement System; certain

postretirement benefits............................................318, 448, 480, 896, 1875

HB 484 --Peace Officers' Annuity and Benefit Fund; certain

errors; correct ............................................................318, 448, 480, 509, 1094

HB 485 --Income tax; certain military service income; exclude.............................318, 448

HB 486 --Pawnbrokers; pledged goods; motor vehicles ...........................................439, 487

HB 487 --County jails; certain conditions; dispatcher serve

as jailer..................................................................................................439, 487

HB 488 --Rural Facilities Economic Development Act;

enact........................................................................439, 487, 1037, 1396, 2533

HB 489 --Income tax credit; certain businesses in certain

counties.......................................................................................439, 487, 1542

HB 490 --Whitfield County; board of education; election......................................439, 487,

526, 527, 736

HB 491 --Sodomy and aggravated sodomy; amend Code

provisions......................................................................................440, 487, 638

HB 492 --Evidence; certain reproductions; admissibility .......................................440, 487,

1029, 1099, 1921

2894

INDEX

HB 493 --Tallapoosa Judicial Circuit; add assistant district attorney ........................................................440, 487, 518, 539, 1921
HB 494 --Motor vehicle insurance; total loss settlement; title ......................................................................................440, 479, 487, 1029
HB 495 --Bail; acceptance; commitment hearing not required...............................440, 487 HB 496 --Felony; trial upon accusations; waive grand
jury indictment......................................................440, 487, 1540, 1700, 1702 HB 497 --Cobb County; board of commissioners; compensation ..........................441, 487,
526, 527 HB 498 --Certain counties; bond elections; provisions.............................................441, 487 HB 499 --Political subdivisions; property purchase;
appraisal requirements........................................................................441, 487 HB 500 --County offices; nonpartisan elections; General
Assembly provide by local law ..................................................441, 487, 715 HB 501 --Sheriffs' Retirement Fund; certain members;
prior service credit...............................................................................441, 487 HB 502 --Municipalities; inmates; responsibility ...................................441, 487, 573, 1256 HB 503 --Tax deferral for the elderly; certain counties;
alternative method...............................................................................442, 487 HB 504 --Tax deferral for the elderly; certain counties;
repeal alternative method...................................................................442, 487 HB 505 --Tax deferral for the elderly; alternative method.....................................442, 487 HB 506 --Tax deferral for the elderly; annual income of $40,000..........................442, 487 HB 507 --Tax deferral for the elderly; annual income
of $25,000 ..............................................................................................442, 487 HB 508 --State health planning; definitions and exemptions................................319, 448,
554, 656, 709, 1275, 2239, 2320 HB 509 --Insurance regulations; amend Code provisions........................................319, 448 HB 510 --Employees; certain family or medical leave .............................................442, 487 HB 511 --Controlled substances; butane; prohibitions ..................................443, 487, 1540 HB 512 --High schools; lab courses; teacher-pupil ratio ...............................443, 487, 1323 HB 513 --Local school systems; resident students; fees...........................................443, 487 HB 514 --Gas utilities; rate-making proceedings; accounting
methods............................................................443, 487, 905, 970, 1556, 2215 HB 515 --Full-tuition scholarship program; provide ................................................443, 487 HB 516 --Atlanta Judicial Circuit; add judge.............................443, 487, 1540, 1573, 2315 HB 517 --Correctional Education School Authority; create....................................443, 487 HB 518 --Atlanta, City of; urban enterprise zones;
residential purposes....................................444, 487, 1256, 1259, 2696, 2716 HB 519 --Deprived child; foster care; periodic reviews...........................................444, 487,
1069, 1089, 1528 HB 520 --Death investigations; certain requirements ..............................................444, 487 HB 521 --Elected public officials; campaign contributions;
limitations.............................................................................................444, 487 HB 522 --Multifamily dwellings; specifications; handicapped
persons...................................................................................................444, 487 HB 523 --Remedial education program; include grades six
through eight........................................................................................444, 487 HB 524 --Tallapoosa, City of; city manager's office;
provisions .....................................................................444, 487, 526, 527, 736 HB 525 --Georgia Airport Development Authority Law; enact..............................445, 487 HB 526 --Highways; blue retroreflective pavement marker;
exception to prohibitions.........................................445, 487, 906, 950, 2533
HB 527 --AIDS transmitting crimes; test and disclosure
upon indictment...................................................................................445, 487
HB 528 --Mechanics' and materialmen's liens; suppliers of
rental equipment for improvement of real estate; waiver

INDEX

2895

and bond rights...............................................446, 488, 733, 964, 1925, 2097 HB 529 --Probate courts; consolidation of records;
automation....................................................................................446, 488, 906 HB 530 --Driving under the influence conviction; marked
driver's license and bumper sticker ..................................................446, 488 HB 531 --Personal property; in custody of law enforcement
agency; disposition..................................................446, 488, 549, 1246, 2533 HB 532 --Lee County; board of elections; repeal Act..............................446, 488, 644, 813 HB 533 --Workers' compensation; self-insurers; expand
definition of county......................................446, 488, 979, 1659, 2509, 2558 HB 534 --Gwinnett Judicial Circuit; add judge....................................447, 488, 1540, 1574 HB 535 --Certain counties and cities; speed detection
devices; restrictions..............................................................................447, 488 HB 536 --Effingham County; state court judge and solicitor;
salary.............................................................................447, 488, 555, 556, 891 HB 537 --Probate court; automated record keeping;
increase costs.................................................447, 488, 638, 1412, 2398, 2494 HB 538 --Accident and sickness insurance; mammograms and
Pap smears; coverage...........................................................................447, 488 HB 539 --Common-law marriage; proof; certain evidence required....................,..447, 488 HB 540 --Year's support; determination of amount................................................447, 488,
1037, 1273, 2451, 2504 HB 541 --Year's support; certain items; delete provisions ......................................448, 488 HB 542 --Fulton County; appointment of certain
chief deputies.........................................................482, 526, 1256, 1259, 2316 HB 543 --Condominiums; certain expenses; liability................................................482, 526 HB 544 --Atlanta, City of; community improvement districts;
create......................................................483, 526, 914, 915, 1879, 2243, 2543 HB 545 --Certain intangibles; increase tax rates ......................................................483, 526 HB 546 --State health planning; certificate of need; certain
revocation .................................................................483, 526, 888, 1148, 1876 HB 547 --Child support provisions; amend Code............................................483, 526, 637,
806, 900, 2147, 2366 HB 548 --Airports; certain property condemnation;
prohibit.......................................................................483, 526, 539, 807, 1264 HB 549 --Garden City, City of; mayor and council;
election provisions.......................................................483, 526, 555, 556, 891 HB 550 --Workers' compensation; employer's failure
to pay; penalty.................................................................484, 526, 1255, 1512 HB 551 --District Attorneys' Retirement Fund; district
attorneys emeritus; spouses' benefits................................................484, 526 HB 552 --Georgia Legislative Retirement System; increase
allowance ...............................................................................................484, 526 HB 553 --Norcross, City of; council-manager form of
government; establish...............................................484, 526, 959, 960, 1164 HB 554 --AIDS transmitting crimes; test and disclosure upon
indictment......................................................484, 526, 903, 1020, 2147, 2189 HB 555 --Torts; volunteer transportion of senior citizens;
immunity from liability........................................484, 526, 1548, 1674, 2533 HB 556 --Self-proved will; testator and witnesses;
affidavits .....................................................................................484, 526, 1424 HB 557 --Quality Basic Education; school bus drivers;
minimum salaries..................................................485, 526, 1587, 1719, 2143
HB 558 --Water and wastewater treatment; plant operators and
laboratory analysts; continuation .........................485, 526, 897, 1146, 2315
HB 559 --Division of Irrigation Contractors; create .................................................485, 526
HB 560 --Act defining incorrigible child; change effective

2896

INDEX

date to July 1, 1992 ..................................................485, 526, 906, 951, 2143 HB 561 --Water well contractors; licensing; proof of
experience...............................................................485, 526, 1129, 1690, 2315 HB 562 --Alcohol and drug course; State Board of Education
supply teachers ..................................................................485, 526, 868, 1084 HB 563 --Real estate transfer tax; certain heirs;
exemption...............................................................486, 526, 1136, 1276, 2316 HB 564 --Gasoline; products containing alcohol; label ............................................486, 526 HB 565 --Local bills; intention to introduce; notice to
governing authority..............................................................................486, 526 HB 566 --Jails and other detention facilities; escape;
felony offense .............................................................................486, 526, 1540 HB 567 --Public indecency; third conviction; felony...............................................486, 526,
1037, 1178, 2534 HB 568 --Motor vehicle; projecting load; flag requirement.....................................486, 526
HB 569 --Dispossessory proceedings; issuance of summons by magistrate court clerk ............................................487, 526, 906, 1074, 1922
HB 570 --Motor fuel taxes; refund to seller; compensation for collection ...............................................................................................487, 526
HB 571 --Prosecution of felony; victim under age 14; remove limitation...............................................................................................487, 526
HB 572 --Juvenile court; senior judge; create office ............................487, 526, 1136, 1394 HB 573 --Special facilities by Department of Human Resources;
certain notification required ....................................................520, 554, 1423 HB 574 --Motor vehicle theft or conversion; false reporting;
misdemeanor of high and aggravated nature .................................520, 554, 1029, 1403, 2534
HB 575 --Tanning facilities; provisions..............................................................521, 554, 903
HB 576 --Funeral directors and embalmers; apprenticeship; registration .........................................................................521, 554, 888, 1147
HB 577 --Municipal courts; certain crimes; jurisdiction, fines .............................................................................................521, 554, 1037
HB 578 --Real property for railroad operations; acquisition by Georgia Building Authority.............................521, 554, 812, 1153, 1922
HB 579 --Public libraries; boards of trustees; compensation..................................521, 554
HB 580 --Peace Officers' Annuity and Benefit; felony conviction; rights .........................................................................521, 554, 733
HB 581 --Master plumbers; licensing; examination requirements .........................522, 554 HB 582 --Proprietary schools; certain nonpublic medical
schools; exemption..........................................522, 554, 761, 873, 1267, 1784 HB 583 --Butts County; board of commissioners; quarterly
statements....................................................................522, 554, 644, 645, 892 HB 584 --Libraries; boards of trustees; ex officio
members.................................................................522, 554, 1028, 1068, 2316 HB 585 --Butts County; superior court clerk; compensation.................................523, 554,
644, 645, 892 HB 586 --MARTA; prohibition of certain state funds; repeal................................523, 554 HB 587 --Butts County; tax commissioner; compensation.....................................523, 554,
644, 646, 892
HB 588 --Employees' Retirement System; certain judicial employees; membership......................................................................523, 554
HB 589 --Education; teacher certification; transfer to
Professional Standards Commission......................523, 554, 898, 931, 1265
HB 590 --Solid waste reduction; counties and municipalities encouraged to exceed goals.................................................................523, 554
HB 591 --Public employment announcements; posting date ..................................524, 554
HB 592 --Griffin-Spalding County Board of Education;

INDEX

2897

compensation ...............................................................524, 554, 644, 646, 892 HB 593 --Pike County; ad valorem tax exemption;
elderly ...........................................................................524, 554, 644, 646, 892 HB 594 --Used Car Dealers Registration Act; leasing and
rental companies and pawnbrokers; licensing exemptions .............................................................524, 554, 1323, 1583, 2534 HB 595 --Hall County; board of education; compensation ....................................524, 554,
644, 646, 892 HB 596 --Thomas County; board of commissioners; compensation.......................524, 554 HB 597 --Screven County; board of commissioners; compensation......................524, 554,
644, 647, 892 HB 598 --Local option sales tax; additional projects ...............................................525, 554 HB 599 --Cobb County Private Sector Survey Committee on Cost
Control in County Government; create ...........................525, 554, 644, 647 HB 600 --Income tax return; active military duty; extend
time for filing........................................................................................525, 554 HB 601 --Candidates; drug testing; provisions .....................................525, 554, 1028, 1147 HB 602 --Counties and municipalities; investment of
certain funds ......................................................................525, 554, 734, 1410 HB 603 --Executive branch; certain agency subdivisions;
name change procedure.......................................................................551, 643 HB 604 --Adoption; petitions; requirements ..................................................551, 643, 1083,
1331, 2300, 2358 HB 605 --Toilets, shower heads, faucets in buildings;
requirements...............................................552, 643, 1128, 1189, 2147, 2177, 2432, 2477, 2544, 2622, 2732
HB 606 --Georgia Tort Claims Act; enact..................................................................552, 643 HB 607 --Atlanta, City of; motor vehicle self-insurance;
amend population figures ......................................552, 643, 734, 1048, 1876 HB 608 --Local governments; certain provisions; amend
population figures.........................................552, 643, 734, 1048, 2297, 2388 HB 609 --Revenue Code; certain provisions; change
population figures ...................................................552, 643, 734, 1049, 1922 HB 610 --Campus policemen; certain colleges; repeal
certain definition.......................................................552, 643, 716, 980, 1098 HB 611 --Public safety radio services; coordinated use;
certain municipalities.....................................552, 643, 716, 734, 1050, 1922 HB 612 --Atlanta, City of; city business improvement
districts; repeal Act providing...............................553, 643, 734, 1051, 1922 HB 613 --Special license plates; firefighters; amend
provisions..........................................................................553, 643, 1029, 1716 HB 614 --Housing authority commissioners; tenure and
qualifications............................................................553, 643, 734, 1051, 1922 HB 615 --Public works projects; certain municipalities;
population ................................................................553, 643, 734, 1052, 1922 HB 616 --Water Well Standards Advisory Council; continuation.........................553, 643,
897, 969, 1554 HB 617 --Health planning; change exemptions.........................................................553, 643 HB 618 --Dog and cat abuse; prohibit; penalties......................................................553, 643 HB 619 --Fort Valley, City of; municipal elections .........................640, 703, 734, 734, 962 HB 620 --Bad checks; prosecution in magistrate courts;
citation...................................................................................................554, 643
HB 621 --Medical malpractice; expert witness; qualifications................................554, 643
HB 622 --Local option sales tax; purposes; add beach
renourishment.......................................................................................640, 703
HB 623 --Local income tax; election to impose; provisions ....................................640, 703
HB 624 --Occupational tax; principal office; maximum...........................................640, 703

2898

INDEX

HB 625 --Quality Basic Education; certain officials and employees; serve as substitute teachers .........................640, 703, 1323
HB 626 --Unincorporated areas of county; ordinances; fines...........................................................................641, 703, 989, 1271, 2534
HB 627 --Sales tax; aircraft; definition and exemption...........................................641, 703 HB 628 --Mechanics' and materialmen's liens; suppliers of
rental equipment for improvement of real estate; provisions..................................................................................641, 703 HB 629 --Occupation taxes; utility services; county license....................................641, 703 HB 630 --Private ways; maximum width; 30 feet.....................................................641, 703 HB 631 --Peace officers; basic training course; completion ....................................641, 703 HB 632 --Freeport tax exemption; continue..............................................................642, 703 HB 633 --Public School Employees Retirement; disability; reduce creditable service.....................................................................642, 703 HB 634 --Firemen's Pension Fund; certain members; obtain service credit.........................................................................................642, 703 HB 635 --Firemen's Pension Fund; spouse's benefits; provisions ..........................642, 703 HB 636 --Collective bargaining; factfinder; recommendations ...............................642, 703 HB 637 --Public retirement systems; pooled funds; investments..............................................................643, 703, 733, 1148, 2534 HB 638 --Revenue Bond Law; undertaking; change definition....................643, 703, 1539 HB 639 --Magistrate courts; certain fees; increase.........................................699, 732, 1256 HB 640 --Firearms possession; those prohibited; identification method..........................................................................699, 732 HB 641 --Teachers Retirement System; retirement allowances; change....................................................................................................700, 732 HB 642 --Georgia Basic Health Insurance Plan; enact..........................700, 732, 905, 976,
1556, 2559, 2729 HB 643 --Mountains and river corridors; protection; provide...............................700, 732,
1129, 1642, 2231, 2363 HB 644 --Quality Basic Education; criterion referenced
and basic skills tests; eliminate.........................................................700, 732 HB 645 --Motor vehicle insurance; new policy reports to
Department of Public Safety.............................................................700, 732 HB 646 --Motor vehicles; franchise protection;
distributor ....................................................700, 732, 1029, 1187, 1925, 2066 HB 647 --Douglas County; community improvement districts..............................701, 732,
799, 800, 1041, 1076
HB 648 --Surface water violations; cooperative effort; abatement ....................................................701, 732, 1129, 1525, 2526, 2559
HB 649 --Fulton County; motor vehicles; designated registration.............................................................701, 732, 1256, 1260, 2316
HB 650 --Income tax exemption; certain corporations............................................701, 732 HB 651 --Alcoholic beverages; open container in vehicle;
prohibitions...........................................................................................701, 732 HB 652 --Hazardous Waste Management Act; definitions.....................................701, 732,
1129, 1625, 2143 HB 653 --Licenses; certain trailers; increase fees.....................................................702, 732,
1029, 1445, 2143 HB 654 --Commission on Women; create..............................................702, 732, 1176, 1681 HB 655 --DeKalb County; create City of DeKalb Study
Commission................................................................702, 732, 799, 800, 1041
HB 656 --Teachers Retirement; members on military duty;
employer contributions..........................................643, 703, 733, 1148, 1922
HB 657 --MARTA; operating costs; use certain interest
income.........................................................................702, 732, 734, 949, 1877
HB 658 --MARTA; annual report; provisions......................702, 732, 734, 949, 1879, 2051

INDEX

2899

HB 659 --MARTA; police force; qualifications and powers; clarify ..................................................................................702, 732, 734, 1152
HB 660 --Agricultural Commodity Commission for Peanuts; members .................................................................702, 732, 1036, 1147, 2534
HB 661 --License plates; county decal fee; authorize...............................................729, 798 HB 662 --Child placement; Division of Family and Children
Services; periodic reviews ...................................................................729, 798 HB 663 --Gwinnett County; county and school district;
millage rate...........................................................................730, 798, 888, 889 HB 664 --Gwinnett County Recreation Authority;
millage rate...........................................................................730, 798, 888, 889 HB 665 --Savannah, City of; mayor and aldermen;
residency.....................................................................730, 798, 888, 890, 1041 HB 666 --Development authorities; number of directors ........................................730, 798 HB 667 --Gay, Town of; mayor pro tempore and city council;
provisions ...................................................................730, 798, 888, 890, 1041 HB 668 --Ad valorem tax; property outside state; exemption................................730, 798 HB 669 --Cobb Judicial Circuit; add judge................................................................730, 798 HB 670 --Constitution; proposed changes; summary at polling
places ......................................................................731, 798, 1028, 1528, 2534 HB 671 --Uniform rules of the road; application to
certain residential areas.............................731, 798, 1323, 1521, 2544, 2563 HB 672 --Conasauga Judicial Circuit; add judge......................................................731, 798 HB 673 --Death investigations; certain requirements ..............................................731, 798 HB 674 --Property; public road purpose; wetland mitigation................................731, 798,
906, 925, 999 HB 675 --Schools; sex education and AIDS prevention;
sexual abstinence .................................................................................731, 798 HB 676 --Farm wineries; Sunday sales; remote
tasting rooms........................................................................................732, 798 HB 677 --Occupation taxes; telecommunication services;
county license.......................................................................................791, 887 HB 678 --Candidates for public office; expenditures; limitations..........................791, 887 HB 679 --Prosecuting Attorneys' Council; certain personnel;
compensation.........................................................792, 887, 1029, 1073, 2535 HB 680 --Superior court; request senior judge; consent
of counsel..............................................................................................792, 887 HB 681 --Uncompensated medical care; limitation on liability..............................792, 887 HB 682 --Chattooga County; state court; judge and solicitor;
compensation .......................................................................792, 887, 914, 915 HB 683 --Juvenile proceedings; certain records; inspection...................................792, 887,
1083, 1119 HB 684 --DeKalb County; recorder's court; penalty imposition ...........................792, 887,
914, 915, 1094 HB 685 --Decatur County; state court; judge's compensation...............................793, 887,
914, 915, 1041 HB 686 --Fairmount, City of; veto power of mayor; repeal ...................................793, 887,
914, 916, 1094 HB 687 --Murder by vehicle; define offense..............................................................793, 887 HB 688 --Rome-Floyd County Commission on Children and
Youth; add member..................................................793, 887, 914, 916, 1094 HB 689 --Self-sufficiency Trust Fund for Mentally
Disabled Persons; create.....................................................................793, 887
HB 690 --Venereal disease; AIDS; reports; provisions.............................................793, 887
HB 691 --Income tax; health insurance premiums; exclude....................................793, 887
HB 692 --Death of parent; child age 14 or older select
custodial relative..................................................................................794, 887

2900

INDEX

HB 693 --Counties; contractors' purchase of materials; requirements................................................794, 887, 1128, 1688, 1689, 2535
HB 694 --Crimes against person; public transit facilities; penalties.................................................................794, 887, 1540, 1709, 2535
HB 695 --Scholarships; certain offices; promote programs ...........................................................................794, 887, 1047, 1246
HB 696 --Excise tax; state and county; solid minerals severance...............................................................................................795, 887
HB 697 --Occupation tax; practitioner's principal office; amend....................................................................................................795, 887
HB 698 --Civil actions; certain mail; filing determined by postmark.....................................................................................795, 887, 1540
HB 699 --Lilburn, City of; franchise; lengthen time of grant............................................................................795, 887, 959, 960, 1328
HB 700 --Houston County; board of commissioners; provisions...........................795, 887, 959, 960, 1142
HB 701 --Barnesville, City of; mayor and council; election ...................................796, 887, 959, 961, 1142
HB 702 --Probate courts; certain counties; chief clerk perform marriages................................................................................796, 887
HB 703 --Probate courts; certain counties; chief clerk perform marriages................................................................................796, 887
HB 704 --Probate courts; certain counties; chief clerk's qualifications and powers ...................................................................796, 887
HB 705 --Certain public employees; indemnification; $100,000.............................796, 887 HB 706 --Parks, historic sites, and recreational areas;
regulate parking....................................................796, 887, 1028, 1172, 1876 HB 707 --Boat Safety Act; amend provisions.......................................797, 887, 1128, 1512 HB 708 --Hunting and fishing license agents; self-insurance
fund; defalcation..............................................................797, 887, 1128, 1653 HB 709 --Air Quality Act; amend provisions..............................797, 887, 1129, 1150, 1876 HB 710 --Legislative Retirement System; monthly service
allowance...............................................................................................797, 887 HB 711 --Firemen's Pension Fund; continued membership;
certain administrative appointment..................................................797, 887 HB 712 --Health; amend Code provisions .......................................................797, 887, 1423 HB 713 --County tollway projects; contract with State
Tollway Authority................................................................................798, 887 HB 714 --Criminal procedure; discovery; witness statement..................................884, 913 HB 715 --Employees' Retirement System; certain out-of-state
service....................................................................................................884, 913 HB 716 --Health and mental health; amend Code provisions ................................885, 913 HB 717 --Employees; Retirement System; transfer service to
Teachers Retirement System .............................................................885, 913 HB 718 --Atlanta Judicial Circuit; chief judge of superior
court; repeal Act providing..................................885, 913, 1540, 1582, 2535 HB 719 --Local boards of education; certain written employment
contracts................................................................................................885, 913 HB 720 --Civil practice; stay of proceedings; certain federal
provisions..........................................................................885, 913, 1540, 1563 HB 721 --Torts; medical malpractice; definitions.....................................................885, 913 HB 722 --Certain counties; uniform county commissioners
law; repeal.............................................................................................886, 913
HB 723 --Waste management; low-level radioactive waste;
provisions..............................................................................................886, 913
HB 724 --Fulton County; board of education; semiannual retirement
benefit............................................................................................886, 913, 972

INDEX

2901

HB 725 --Fulton County; office of county manager; create....................................886, 913 HB 726 --Fulton County; office of county manager; create ....................................886, 913 HB 727 --Quality Basic Education; textbooks; property of
local administration........................................................886, 913, 1323, 1445 HB 728 --Smoking; amend provisions..........................................887, 913, 1539, 1675, 1680 HB 729 --Civil practice; depositions by telephone....................................................908, 958 HB 730 --Fulton County; elderly or disabled; homestead
exemption ....................................................908, 958, 1256, 1257, 2617, 2638 HB 731 --Detention facilities; certain municipalities;
dispatcher serve as jailer .....................................909, 958, 1037, 1444, 2535 HB 732 --Washington County; board of education;
reconstitute................................................................909, 958, 989, 991, 1164 HB 733 --Johnson County; magistrate court; library fees......................................909, 958,
989, 991, 1165 HB 734 --Public retirement systems; temporary disability;
creditable service..................................................................................909, 958 HB 735 --Automobile insurance; safety equipment; provisions..............................909, 958 HB 736 --Ben Hill County; board of commissioners;
composition................................................................909, 958, 989, 992, 2316 HB 737 --Ben Hill County; school superintendent; appoint..................................909, 958,
989, 992, 1265 HB 738 --MARTA; collective bargaining; neutral arbitrator..................................910, 958 HB 739 --Limited partnership; indemnification; provisions ..................................887, 913,
1029, 1059, 2535 HB 740 --Savannah, City of, and Chatham County; board of
public education; vacancies.....................................910, 958, 989, 992, 1165 HB 741 --Student with infectious disease; notify certain
personnel...............................................................................................910, 958 HB 742 --Employees' Retirement System; certain attorneys
and employees; membership ..............................................................910, 958 HB 743 --Underground storage tank, define; trust fund provisions......................910, 958 HB 744 --Elementary, secondary, and adult education;
pilot projects; provisions................................................910, 958, 1028, 1522 HB 745 --Property posted against hunting; mark trees
with royal purple paint.............................................................911, 958, 1323 HB 746 --Seafood; certain violations; penalties.............................................911, 959, 1323,
1447, 2302, 2328, 2543 HB 747 --Goods and services; regulating cost; exemptions.....................................911, 959 HB 748 --Water well contractors; license renewal; examination ............................911, 959 HB 749 --Home beauty shop; mobile home or van; operation ...............................911, 959 HB 750 --Occupation tax; principal office; certain contractors..............................911, 959 HB 751 --Law enforcement officers; certain speeds; use blue
light and siren ......................................................................................912, 959 HB 752 --Catoosa County; board of elections and registration;
amend provisions ......................................................912, 959, 989, 992, 1165 HB 753 --Catoosa County; board of utilities commissioners;
amend provisions ......................................................912, 959, 989, 992, 1165 HB 754 --Mount Zion, City of; corporate limits ............................912, 959, 989, 993, 1165 HB 755 --Department of Natural Resources; commerce and
industry development; remove duty to promote.............................912, 959 HB 756 --Farm wineries in state; wine in bond; sell to each other .......................912, 959 HB 757 --Georgia Science and Technology Commissioner;
create...........................................................................................912, 959, 1047
HB 758 --Peer review groups; review organization; redefine..................................913, 959,
1424, 1528, 2316
HB 759 --Rabun County; superior court clerk; compensation...............................913, 959,
989, 993, 1265

2902

INDEX

HB 760 --United States Department of Veterans Affairs; beneficiaries; guardians' compensation............................................956, 988, 1540, 1565, 2535
HB 761 --Uniform Commercial Code; revise .............................................................956, 988 HB 762 --Uniform Commercial Code; amend............................................................957, 988 HB 763 --Georgia Correctional Industries; executive officer;
compensation...............................................957, 988, 1037, 1147, 1557, 1787 HB 764 --Downtown Waycross Development Authority; create............................957, 988,
1038, 1038, 1265 HB 765 --Soil erosion control; buffer zone around stream banks ..........................957, 988 HB 766 --Banks County; coroner; compensation .......................957, 989, 1038, 1039, 1265 HB 767 --Abortion; fetal anesthesia; alleviation of organic pain............................957, 989
HB 768 --Students; certain school-sponsored activities; eligibility................................................................................................958, 989
HB 769 --Insurance; multiple employer self-insured health plans; regulation.................................................958, 989, 1423, 1533, 2159, 2188, 2299, 2422, 2543
HB 770 --Walker County Water and Sewer Utility Authority; create .................................................984, 1036, 1089, 1091, 2726
HB 771 --Dougherty County; probate court judge; compensation.............................................984, 1036, 1089, 1091, 1440, 1860
HB 772 --Private detective and private security business; licenses; revise provisions......................................................984, 1036, 1424, 1447, 2511, 2621
HB 773 --Workers' compensation; owner-operator of certain equipment; independent contractor...............................................984, 1036, 1255, 1450, 2536
HB 774 --Health care providers; certain advertisement; deceptive..........................................984, 1036, 1540, 1697, 2398, 2428, 2543
HB 775 --Insurance regulations; amend Code.........................................................984, 1036 HB 776 --Insurance administrators; licensing..............................................985, 1036, 1423,
1533, 2147, 2178 HB 777 --Pari-mutuel racetracks and wagering; authorize...........................958, 989, 1128 HB 778 --Railroad bridges; certain conditions; removal........................................985, 1036 HB 779 --Income tax; retirement income; increase exclusion...............................985, 1036 HB 780 --State lottery, provide; Department of Lottery, create..........................985, 1036 HB 781 --Marietta, City of; corporate limits............................985, 1036, 2249, 2249, 2537 HB 782 --County tollway projects; contract with State
Tollway Authority ....................................986, 1036, 1541, 1560, 2302, 2369 HB 783 --Derelict motor vehicles; disposition.........................................................986, 1036 HB 784 --Solid waste facility; near certain Georgia
lakes; prohibit.....................................................................................986, 1036 HB 785 --Juvenile proceedings; traffic offenses under
age 17; exceptions ...............................................986, 1036, 1540, 1693, 2536 HB 786 --Certain driver's licenses and identification
cards; retroreflective treatment .......................................................986, 1036 HB 787 --Dawson County; sheriff; compensation....................986, 1036, 1089, 1091, 1328 HB 788 --Tags; prestige plates; United States veterans.......................................987, 1036,
1548, 1694, 2536
HB 789 --Lamar County; chief magistrate; nonpartisan election..................................................................987, 1036, 1089, 1092, 1328
HB 790 --Lamar County; office of county manager;
repeal Act.............................................................987, 1036, 1089, 1092, 1328
HB 791 --Railroad crossings; school buses and vehicles carrying
hazardous materials; stop requirements........................................987, 1036,
1323, 1652, 2143
HB 792 --Local school districts or systems; bonded

INDEX

2903

indebtedness; State Board withhold state moneys for payment...............................................987, 1036, 1587, 1680, 2149, 2218 HB 793 --Teachers; sick leave bank or pool; provisions.......................................987, 1036,
1323, 1582, 2144 HB 794 --Georgia Trust Act; enact............................................988, 1036, 1540, 1721, 2536 HB 795 --Emergency 911 service; monthly charge; local
governments impose..........................................................................988, 1036 HB 796 --Grandparents; no visitation rights; certain cases...................................988, 1036 HB 797 --Construction industry contractors; amend provisions ........................1032, 1089 HB 798 --Certain phone conversations; monitor or record;
customer service purposes ...............................1032, 1089, 1540, 1564, 2536 HB 799 --Fraternal benefit societies; extensively revise
provisions..........................................................................................1032, 1089 HB 800 --Oconee County; school superintendent; appoint ................................1032, 1089,
1433, 1434, 2019 HB 801 --Judges; former district attorneys; retain membership
in District Attorneys' Retirement System...................................1032, 1089 HB 802 --Canton, City of; mayor and council; terms..........................................l033, 1089,
1137, 1138, 1439 HB 803 --Cherokee County; board of elections and registration;
create...................................................................!033, 1089, 1137, 1138, 1439 HB 804 --Georgia State Games Commission; provisions....................................1033, 1089,
1129, 1188, 1876 HB 805 --Cobb County Commission for Operation Desert Storm
Family Assistance; create.................................!033, 1089, 1137, 1138, 1439 HB 806 --Modification of alimony or child support;
nonresident jurisdiction.................................................................. 1033, 1089 HB 807 --Motor vehicle theft prevention program; establish.............................1034, 1089 HB 808 --State Public Transportation Fund; certain reserve
fund expenditures...................................1034, 1089, 1275, 1339, 1961, 2160 HB 809 --Eastman, City of; corporate limits..........................1034, 1089, 1137, 1139, 1439 HB 810 --Dade County Water and Sewer Authority; members ........................1034, 1089,
1137, 1139, 1440 HB 811 --Killing wildlife at night; condemnation of
property; official use..................................................1034, 1089, 1323, 1717, 1718, 1760, 2316
HB 812 --Department of Human Resources; unmarked motor vehicles; exception ...........................................................................1034, 1089
HB 813 --Chattooga County; state court; judge and solicitor............................l034, 1089, 1137, 1139, 1440
HB 814 --Certain waste water discharge; phosphorus; limitation.......................................1035, 1089, 1432, 1570, 2149, 2181, 2321
HB 815 --Workers' compensation; rehabilitation benefits; catastrophic injury.................................................................1035, 1089, 1173
HB 816 --Child support awards; change method of computation......................1035, 1089 HB 817 --Education; department personnel; salary limit....................................1035, 1089 HB 818 --State agencies; certain programs; periodic review...............................1035, 1089 HB 819 --Calhoun-Gordon County Airport Authority
Act; members.....................................................l085, 1135, 1159, 1161, 1555 HB 820 --Development authorities; surplus funds; powers................................1085, 1135,
1539, 1582, 2536 HB 821 --Boards of health; certain contracts; sealed bids and
proposals............................................................................................!086, 1135
HB 822 --Georgia Computer Systems Protection Act; enact.............................1086, 1135,
1540, 1566, 2436, 2510
HB 823 --Probation; collection of fines, costs, restitution,
and reparation; court costs..............................1086, 1135, 1540, 1758, 2536

2904

INDEX

HB 824 --Driver training schools; surety bond, fee, and license provisions.........................................................1086, 1135, 1424, 1688
HB 825 --Planning commissions; identifiable areas and communities; population............................................1086, 1135, 1541, 1705
HB 826 --Fulton County; board of commissioners; purchasing.........................1087, 1135, 1767, 1768
HB 827 --Drug abuse prevention services; good faith provider; liability..............................................................................1087, 1135
HB 828 --Rabun County; sheriff; compensation.........................................1087, 1135, 1159 HB 829 --Public Service Commission; selecting chairman
and vice chairman.......................................................1087, 1135, 1423, 1673 HB 830 --Pickens County; homestead exemption; elderly .................................1087, 1135,
1159, 1160, 1555 HB 831 --Cherokee County; elderly; homestead exemption...............................1087, 1135,
1159, 1161, 1556 HB 832 --Chief appraiser; member of board of tax assessors;
approval.............................................................................................!088, 1135 HB 833 --Louisville, City of; new charter...............................1088, 1135, 1159, 1162, 1556 HB 834 --Georgians with Disabilities Act of 1991; enact ....................................1088, 1135 HB 835 --Mobility impaired persons and their service dogs;
rights .............................................................................1088, 1135, 1539, 1562 HB 836 --Motor Vehicle Chop Shop and Stolen and Altered
Property Act; enact .........................................................................1088, 1135 HB 837 --Medical assistance; oversight of surveyors ...........................................1088, 1135 HB 838 --Tags; prestige plates; licensed emergency medical
technicians.........................................................................................H32, 1158 HB 839 --Superior court reporters emeritus; senior court
reporter ..............................................................................................1132, 1158 HB 840 --Driver's license suspension; reinstatement ...........................................1132, 1158 HB 841 --Dade County; board of commissioners; create....................................1132, 1158,
1433, 1434, 1877 HB 842 --Georgia Military College; two-year limit; delete..................................1132, 1158 HB 843 --Brunswick, City of; new charter..............................1132, 1158, 1256, 1260, 1608 HB 844 --Agricultural products; definition; include dairy
products; exception ................................1133, 1158, 1255, 1443, 2147, 2219 HB 845 --Certain insurance policies; payments; change
interest rate.............................................1133, 1158, 1423, 1582, 2149, 2182 HB 846 --Offenses of fornication and adultery, repeal;
adultery, define ................................................................................1133, 1158 HB 847 --Jurisdiction and venue; transfer of indictment
or accusation.....................................................................................1133, 1158 HB 848 --Counties and municipalities; airport outside
boundary; approval of State Transportation Board...................1133, 1158 HB 849 --Dentistry; advertising; full names of dentists;
provisions.................................................1134, 1158, 1423, 1653, 2437, 2484 HB 850 --Georgia Rail Passenger Authority; members;
terms........................................................................................1134, 1158, 1541 HB 851 --School personnel; sick leave; personal or
professional use................................................................................1134, 1158 HB 852 --Banks County; magistrate court; law library
fees......................................................................1134, 1158, 1767, 1768, 2144 HB 853 --White County; chief magistrate; nonpartisan .....................................1134, 1158,
1256, 1260, 1608
HB 854 --Law enforcement officer; complaints against;
establish criteria...............................................................................1134, 1158
HB 855 --State government; lobbyists; limitations...............................................1135, 1158
HB 856 --Centerville, City of; amend Act incorporating....................................1135, 1158,

INDEX

2905

1256, 1260, 1879, 1935 HB 857 --Education; office of strategic planning; create.....................................1135, 1158 HB 858 --Tax digests; appeals and arbitrations; conditions
for approval.......................................................................................1157, 1254 HB 859 --Ammunition for firearm; selling to person under
age 16; prohibitions .........................................................................1157, 1254 HB 860 --Commerce, City of; new charter...................................................H57, 1254, 1324 HB 861 --Forsyth County; board of commissioners; compensation..................1157, 1254,
1324, 1325, 1774 HB 862 --Public Employees Relations Act of 1991; enact ..................................1157, 1254 HB 863 --Douglas County Hospital Authority; vacancies ..................................1157, 1254,
1324, 1325, 1774 HB 864 --Pine Lake, City of; new charter ..............................1250, 1322, 1599, 1600, 1923 HB 865 --Employees' Retirement System; Vietnam service; credit...................1250, 1322 HB 866 --Hamilton, City of; mayor's court; increase fine and
sentence imposition ..........................................1251, 1322, 1433, 1434, 1877 HB 867 --Heard County; new board of commissioners; provide .......................1251, 1322,
1433, 1434, 1879, 1935 HB 868 --Certain traffic offenses; persons under age 18;
suspend driver's license until 18....................................................1251, 1322 HB 869 --Electrical contracting license; include low-voltage
contracting........................................................................................1158, 1254 HB 870 --Commerce and trade; beverage containers; provisions.......................1251, 1322 HB 871 --Cockfighting; provide for felony offense...............................................1251, 1322 HB 872 --State employees' health insurance; certain services;
require coverage ...............................................................................1251, 1322 HB 873 --Columbia County; board of education; appoint school
superintendent...................................................!251, 1322, 1433, 1435, 1877 HB 874 --Glennville, City of; mayor and council; terms.....................................1251, 1322,
1433, 1435, 1877 HB 875 --Bailable offenses; superior court judge; delegate
authority to other judges ...........................................1252, 1322, 1540, 1581 HB 876 --Marietta, City of; board of education; vacancies................................1252, 1322,
1433, 1435, 1923 HB 877 --Cobb County; magistrate court; provisions .........................................1252, 1322,
1433, 1435, 1877 HB 878 --Superior court; closed circuit TV criminal
hearings; judges implement............................................................1252, 1322 HB 879 --Putnam County Hospital Authority; members...................................1252, 1322,
1433, 1435, 2019 HB 880 --Sparta, City of; new charter.....................................l252, 1322, 1548, 1550, 2020 HB 881 --MARTA; alternative fuels plan; provide by
January 1, 1992 ................................................................................1252, 1322 HB 882 --DeKalb County; City of DeKalb Study Commission;
create...............................................,...................1253, 1322, 1433, 1436, 1877 HB 883 --State employees' insurance and benefits plans;
certain service centers; inclusion...................................................1253, 1322 HB 884 --Commerce, City of; new charter..............................!253, 1322, 1433, 1436, 1877 HB 885 --Irwin County; board of commissioners; certain
contracts.............................................................1253, 1322, 1433, 1436, 1877 HB 886 --Vehicles transporting biohazardous waste; certain
markings or placard on vehicle................................1253, 1322, 1323, 1575,
2509, 2519, 2543, 2545, 2618, 2669, 2732
HB 887 --Carroll County; state court judge; compensation ...............................1253, 1322,
1433, 1436, 1878
HB 888 --Insurance; aftermarket crash parts; definitions
and provisions...................................................................................1254, 1322

2906

INDEX

HB 889 --Mental health; amend provisions................................................!254, 1322, 1540, 1583, 2321, 2373
HB 890 --Kennesaw, City of; corporate limits......................................................1318, 1431, 1548, 1550, 1923
HB 891 --Candler County; magistrate court; appointments ..............................1318, 1431, 1548. 1550, 1923
HB 892 --Electrical membership corporations; cable TV; own systems, furnish service..........................................................1319, 1431
HB 893 --Public assistance; food stamp recipients; photo identification.........................................................................1319, 1431
HB 894 --Radiation-generating equipment license, post bond; tanning facilities, provisions..........................................................1319, 1431, 1539, 1710, 2486, 2521
HB 895 --Dependent children receiving aid; mandatory school attendance; exception......................................................................1319, 1431
HB 896 --Child custody; certain change of residence; notification........................................................................................!319, 1431
HB 897 --Child custody; certain change of residence; notification........................................................................................1319, 1431
HB 898 --Electricity Generating Plant Condemnation Review Board; create.....................................................................................!319, 1431
HB 899 --Pike County; Pike Clean and Beautiful Authority; create...................................................................!320, 1431, 1548, 1550, 1923
HB 900 --Trial Judges and Solicitors Retirement; senior judge or district attorney emeritus...............................................1320, 1431
HB 901 --Public Service Commission; special fees; method of calculating................................................................!320, 1431, 1539, 1561
HB 902 --Unauthorized insurer; action against; service of proces8............................................................1320, 1423, 1431, 1680, 2144
HB 903 --Insurable interest; charitable institution; life of donor...................................................................................1320, 1423, 1431
HB 904 --Unfair trade practice; insurance; certain advertising..........................1320, 1431 HB 905 --Group accident and sickness insurance; notice of
nonrenewal...............................................!321, 1423, 1431, 1563, 2300, 2370 HB 906 --Credit life insurance; applicability..........................1321, 1423, 1432, 1563, 2316 HB 907 --Elections Code; presidential electors; amend
provisions..........................................................................................1321, 1432 HB 908 --Schools; certain courses of study; offer.................................................1321, 1432 HB 909 --Moultrie, City of; ordinance violations; penalty.................................1321, 1432,
1549. 1550, 2020 HB 910 --Simple and aggravated AIDS battery; provide for
offenses; penalties............................................................................1321, 1432 HB 911 --Loganville, City of; governing authority;
organizational meeting.....................................1322, 1432, 1549, 1551, 2020 HB 912 --Magistrates' Retirement System; create ...............................................1322, 1432
HB 913 --Employees' Retirement System; former Centers for Disease Control employee; creditable service........................1322, 1432
HB 914 --Richmond County; civil and magistrate court; judge emeritus..................................................................................1425, 1547
HB 915 --Kingsland Area Convention and Visitors Bureau Authority; create...............................................1425, 1547, 1599, 1601, 1923
HB 916 --Kingsland, City of; corporate limits .....................................................1426, 1547,
2249, 2250, 2537
HB 917 --Athens-Clarke County; state court; amend provisions ......................1426, 1547,
1599, 1601, 1923
HB 918 --Motor vehicle rentals; regulate.....................................................1426, 1547, 1881
HB 919 --Regional surface and air transportation authorities;

INDEX

2907

create.............................................................................!426, 1547, 1588, 1659 HB 920 --Bryan County; sheriff; compensation...................................................1426, 1547,
1599, 1602, 2020 HB 921 --Metropolitan Atlanta Olympic Games Authority;
membership.......................................................................................1426, 1547 HB 922 --Warwick, City of; mayor and council; terms.......................................1426, 1547,
1599, 1602, 1923 HB 923 --Bryan County; probate court judge; compensation............................1427, 1547,
1599, 1602, 2020 HB 924 --Employees' Retirement System; Vietnam
service; credit....................................................................................1427, 1547 HB 925 --Employees; use of legal agricultural commodities;
nonworking hours ..................................................................1427, 1547, 1548 HB 926 --Gwinnett County; county historian; amend
provisions......................................................................!427, 1547, 2460, 2460 HB 927 --Warner Robins Building Authority; create..........................................1427, 1547,
2138, 2139, 2322, 2422 HB 928 --World Congress Center; amend provisions..........................................l427, 1547,
1575, 1691, 2159, 2329 HB 929 --Glascock County; board of commissioners; county
obligations..........................................................1428, 1547, 1599, 1602, 1924 HB 930 --Burke County Economic Development Authority; create.................1428, 1547,
1599, 1603, 1924 HB 931 --Burke County; community improvement districts.............................1428, 1547,
1599, 1603, 1924 HB 932 --Fulton County; governing authority; code of ethics............................1428, 1547 HB 933 --Drug Testing of Safety Sensitive and Critical
Personnel Act of 1991; enact.....................................!428, 1547, 1548, 1637 HB 934 --Certain municipal offices; commencement; General
Assembly provide by law................................................................1428, 1547 HB 935 --Union County, Coosa Water Authority; boundaries ..........................1429, 1547,
1599, 1603, 1924 HB 936 --Employees' Retirement System; certain day laborers;
service credit.....................................................................................1429, 1547 HB 937 --School buses transporting kindergarteners;
seat belts; provide............................................................................1429, 1547 HB 938 --Department of Natural Resources; unclassified
hourly employees; selection ............................................................1429, 1547 HB 939 --Northeastern Judicial Circuit; add judge..............................................1430, 1547 HB 940 --Union County; Notla Water Authority; boundaries...........................!430, 1547,
1599, 1603, 1924 HB 941 --Muscogee County; board of elections and
registration; powers...........................................1430, 1547, 1599, 1604, 1924 HB 942 --Muscogee County; state court; chief assistant
solicitor...............................................................1430, 1547, 1599, 1604, 1924 HB 943 --Ad valorem tax; motor vehicles and mobile homes;
certain requirement.........................................................................1430, 1547 HB 944 --Income tax credit; certain employers; certain
employee health coverage ...............................................................1430, 1547 HB 945 --Young Harris, City of; corporate limits ...............................................1431, 1547,
2018, 2024, 2537 HB 946 --Georgia folklife; programs, archives, trust fund;
provide...............................................................................................1431, 1547
HB 947 --Tallapoosa Judicial Circuit; judges and district
attorney; supplement........................................!431, 1547, 1599, 1604, 1924
HB 948 --Centerville, City of; corporate limits....................................................1431, 1547,
1599, 1604, 2537

2908

INDEX

HB 949 --Ware County; board of education; election..........................................1431, 1547 HB 950 --Civil practice; cause of actions outside state;
certain dismissal...............................................................................1431, 1547 HB 951 --Hancock County; board of commissioners; compensation ................1544, 1598,
1767, 1769 HB 952 --Putnam County; board of commissioners; compensation.,................1544, 1598,
1767, 1769 HB 953 --Pulaski County; board of education; election .....................................1544, 1598,
1912, 1916, 2317 HB 954 --Local school superintendents; minimum salary;
state funds.........................................................................................l544, 1598 HB 955 --State and local governments; public officials;
stationery contain phone number..................................................1544, 1598 HB 956 --State tax; certain rentals; proceeds to State
Children's Trust Fund ....................................................................1545, 1598 HB 957 --Macon County; designated registration periods .................................1545, 1598,
1767, 1769, 2144 HB 958 --Ogeechee Judicial Circuit; add judge ....................................................1545, 1598 HB 959 --State Board of Education; delegate certain powers
to state school superintendent.......................................................1545, 1598 HB 960 --Cobb Judicial Circuit; district attorney,
assistants, investigators; compensation .......................................1545, 1598, 1767, 1769
HB 961 --Cobb County; juvenile court judge; compensation.............................!545, 1598, 1767, 1770
HB 962 --Cobb County; tax commissioner, chief clerk, executive secretary; compensation............................1546, 1598, 1767, 1770
HB 963 --Cobb County; state court; amend provisions...................!546, 1598, 1767, 1770 HB 964 --Cobb County; superior court clerk and deputy;
compensation ...............................................................1546, 1598, 1767, 1770 HB 965 --Cobb County; state court clerk and deputy;
compensation ...............................................................1546, 1598, 1767, 1771 HB 966 --Cobb County; probate court judge and clerk;
compensation ...............................................................1546, 1598, 1767, 1771 HB 967 --Gwinnett County; recorder's court; solicitor .......................................1546, 1598,
1866, 1869, 2144 HB 968 --Living wills; certain conditions; withhold
life-sustaining procedures...............................................................1546, 1598 HB 969 --Georgia Certified Fire Investigators Act; enact...................................1547, 1598 HB 970 --Cobb County; state court; judges......................................1547, 1598, 1767, 1771 HB 971 --Kingsland, City of; city manager; amend mandatory
provisions ...........................................................1592, 1766, 2249, 2250, 2537 HB 972 --Employees' Retirement System; creditable service;
certain part-time employment .......................................................1592, 1766 HB 973 --Camden County; Public Service Authority; powers...........................!593, 1766,
2249, 2250, 2537 HB 974 --Forsyth County; board of education; per diem...................................l593, 1766,
1866, 1869, 2144 HB 975 --Grayson Water Authority; create............................!593, 1766, 1866, 1870, 2144 HB 976 --Pickens County; board of commissioners; create................................1593, 1766,
2018, 2026, 2537 HB 977 --Cobb Year 2000 Commission; create ......................1593, 1766, 1866, 1870, 2144
HB 978 --Barnesville, City of; municipal general election;
date .....................................................................1593, 1766, 1866, 1870, 2144
HB 979 --Walton County; chief magistrate; appointment..................................l593, 1766,
1866, 1870, 2144
HB 980 --Conyers-Rockdale Amateur Athletics Authority; create ...................1593, 1766,

INDEX

2909

1866, 1870, 2145 HB 981 --Muscogee County; certain constitutional amendment;
repeal Act continuing.......................................1594, 1766, 1912, 1913, 2317 HB 982 --Muscogee County; certain constitutional amendment;
repeal Act continuing.............................!594, 1766, 1912, 1914, 2150, 2271 HB 983 --Muscogee County; homestead exemption; disabled
veterans ..............................................................1594, 1766, 1866, 1867, 2145 HB 984 --Augusta, City of; corporate limits..........................................................1594, 1766 HB 985 --Fitzgerald-Ben Hill County Charter Commission; create ..................1594, 1766 HB 986 --Muscogee County; homestead exemption; certain
residents.............................................................1594, 1766, 1866, 1868, 2145 HB 987 --Toccoa, City of; corporate Iimits.............................l595, 1766, 1866, 1871, 2145 HB 988 --Chattooga County; board of commissioners; create ...........................1595, 1766,
1866, 1871, 2145 HB 989 --Douglasville-Douglas County; Water and Sewer
Authority; amend provisions...........................1595, 1766, 1866, 1871, 2145 HB 990 --Douglasville-Douglas County Charter Commission;
create...................................................................!595, 1766, 1912, 1916, 2317 HB 991 --Duluth, City of; mayor and council; terms..........................................1595, 1766,
1866, 1871, 2145 HB 992 --Buford, City of; corporate limits.............................1595, 1766, 1912, 1916, 2317 HB 993 --Public works contracts; preference to Georgia
contractors.........................................................................................1764, 1865 HB 994 --East Point, City of; mayor's veto; provisions
to overrule.........................................................................................1595, 1766 HB 995 --DeKalb County; property tax information;
certification date...............................................1595, 1766, 1866, 1872, 2317 HB 996 --DeKalb County; special services tax districts...........................!596, 1766, 1866,
1872, 2103, 2204 HB 997 --DeKalb County; state court; fees..........................................................1596, 1766,
1866, 1872, 2537 HB 998 --DeKalb County Community Relations Commission;
create........................................................1596, 1766, 1866, 1872, 2322, 2435 HB 999 --Media center materials; computer hardware
and software......................................................................................1764, 1865 HB 1000 --Taxable net income; exclusion for certain
retirement income............................................................................1764, 1865 HB 1001 --Workers' compensation; definition of employee;
exclude certain volunteers ..............................................................1764, 1865 HB 1002 --Real estate brokers and salespersons; interest-bearing
trust accounts...................................................................................1764, 1865 HB 1003 --Homestead exemptions; application date .............................................1764, 1865 HB 1004 --Public information services and materials; user fees..........................1765, 1865 HB 1005 --Newton County; homestead exemptions; provide ..............................1596, 1766,
1912, 1915, 2317 HB 1006 --Rockdale County; board of registration and
elections; repeal Act....................................................1596, 1766, 1912, 1917 HB 1007 --DeKalb County; chief executive officer;
compensation...........................................!596, 1766, 1912, 1917, 2321, 2435 HB 1008 --Macon, City of; corporate limits .............................1597, 1766, 1912, 1917, 2317 HB 1009 --Crimes against children; certain records; closed
to public............................................................................................1765, 1865
HB 1010 --Henry County; community improvement districts;
create...................................................................!597, 1766, 1912, 1918, 2317
HB 1011 --Stockbridge, City of; new charter...............................................1597, 1766, 1912,
1918, 2322, 2403
HB 1012 --Henry County; board of education; compensation.............................1597, 1766,

2910

INDEX

1912, 1918, 2317 HB 1013 --Child support; over age 18; high school enrollment............................1765, 1865 HB 1014 --Sparta-Hancock Public Facilities Authority;
create...................................................................!597, 1766, 1912, 1918, 2318 HB 1015 --Henry County; chief magistrate; compensation..................................1597, 1766,
1912, 1918, 2318 HB 1016 --Henry County; coroner; expenses............................!597, 1766, 1912, 1919, 2318 HB 1017 --Coweta County; board of commissioners; add member.....................1765, 1865,
1912, 1919, 2537 HB 1018 --Sales tax exemption; certain materials;
manufacturing of granite ................................................................1863, 1910 HB 1019 --Marietta, City of; corporate Iimits..........................l765, 1865, 2018, 2026, 2537 HB 1020 --Richmond County; certain officials; compensation............................1765, 1865,
2125, 2125, 2321, 2397 HB 1021 --College Park, City of; districts; elections.............................................1766, 1865,
1912, 1919, 2318 HB 1022 --Hogansville, City of; ad valorem school taxes;
millage rate..............................................1766, 1865, 2018, 2023, 2618, 2619 HB 1023 --Walker County; probate judge's personnel;
compensation.....................................................1864, 1910, 2018, 2026, 2538 HB 1024 --Walker County; tax commissioner's personnel;
compensation.....................................................1864, 1910, 2018, 2026, 2538 HB 1025 --Walker County; superior court clerk's personnel;
compensation.....................................................1864, 1910, 2018, 2026, 2538 HB 1026 --Bacon County; board of commissioners; revise and
reenact law creating..........................................!864, 1910, 2249, 2250, 2538 HB 1027 --Graham, City of; incorporate...................................!864, 1910, 2018, 2027, 2538 HB 1028 --Brantley County; board of commissioners;
compensation.....................................................!864, 1911, 2018, 2027, 2538 HB 1029 --Income tax credit; motor vehicle conversion........................................1909, 2018 HB 1030 --Brunswick Judicial Circuit; add judge ..................................................1909, 2018 HB 1031 --Limousine carriers; Public Service Commission
regulate..............................................................................................1909, 2018 HB 1032 --Baker County; office of treasurer; abolish...........................................!864, 1911,
2018, 2027, 2538 HB 1033 --Baker County; tax commissioner; create office...................................l864, 1911,
2018, 2027, 2538 HB 1034 --TVA; payments; change apportioning method ....................................1909, 2018 HB 1035 --Fireworks; certain types; sales................................................................1909, 2018 HB 1036 --Bicycle and pedestrian facilities; Department
of Transportation request funds from Federal Highway Administration..................................................................................2015, 2137 HB 1037 --Georgia CATV Authority; create............................................................2015, 2137 HB 1038 --General Assembly; standing committee chairmen; compensation....................................................................................2015, 2137 HB 1039 --Manufactured and mobile homes; new or used; dealer licensure.................................................................................2015, 2137 HB 1040 --Roswell, City of; corporate limits............................2015, 2137, 2310, 2312, 2726 HB 1041 --DeKalb County; school district; homestead exemption; elderly............................................................................1910, 2018 HB 1042 --Financial disclosure; gifts over $200; certain information required.......................................................................2015, 2137
HB 1043 --General Assembly members; full-time officials;
salary supplement............................................................................2016, 2137
HB 1044 --DeKalb County; homestead exemption; increase ................................1910, 2018
HB 1045 --Monroe County; probate court; jurisdiction....................1910, 2018, 2138, 2142
HB 1046 --Clayton County; deputy tax commissioner; compensation ...............1910, 2018,

INDEX

2911

2138, 2140, 2538 HB 1047 --Warner Robins, City of; corporate limits.............................................1910, 2018,
2138, 2140, 2538 HB 1048 --Income tax; certain taxpayers; increase personal
exemption..........................................................................................2016, 2137 HB 1049 --Homerville, City of; city council meetings,
police court; revisions.......................................l910, 2018, 2138, 2140, 2539 HB 1050 --Children and youth; community innovation zones;
designate............................................................................................2016, 2137 HB 1051 --Newnan-Coweta County Airport Authority; members ......................2016, 2137,
2310, 2312, 2726 HB 1052 --Rockdale County Recreational Authority;
create.............................................................................2016, 2137, 2310, 2312 HB 1053 --Rockdale County; board of elections and
registration; create ......................................................2016, 2137, 2310, 2312 HB 1054 --Chatham County; state court judges; compensation..........................2016, 2137,
2310, 2313, 2715, 2715 HB 1055 --Bartow County; school superintendent; board appoint.....................2017, 2137,
2310, 2313, 2726 HB 1056 --Bartow County; board of education; select chairman........................2017, 2137,
2310, 2313, 2726 HB 1057 --Water system services; rates, fees, charges; county set......................2136, 2309 HB 1058 --Peach County Hospital Authority; vacancies......................................2017, 2137,
2310, 2313, 2726 HB 1059 --Taylor County; board of commissioners; compensation....................2017, 2137,
2310, 2313, 2726 HB 1060 --MARTA; state funds; eligibility to receive...........................................2136, 2309 HB 1061 --Motor vehicle operation; certain insurance requirement ...................2136, 2309 HB 1062 --Abortions; amend provisions...................................................................2136, 2309 HB 1063 --Chatham County; transit services; unincorporated areas...................2017, 2137 HB 1064 --Abortions; ads; include physicians' names and degrees......................2136, 2309 HB 1065 --Fulton County; building within 500 feet of lake;
engineer's approval...........................................2017, 2137, 2451, 2460, 2726 HB 1066 --Penal institutions; uniform drug testing; provisions...........................2137, 2309 HB 1067 --Housing authorities; investments; change provisions..........................2305, 2530 HB 1068 --Clinical social worker; involuntary emergency
treatment certification; certain persons .......................................2305, 2530 HB 1069 --Department of Medical Assistance; agency rules;
applicability......................................................................................2305, 2530 HB 1070 --Massage therapists; registration; requirements....................................2305, 2530 HB 1071 --Massage, State Board of; create.............................................................2305, 2530 HB 1072 --Paternity determination; juvenile court jurisdiction;
certain cases......................................................................................2305, 2530 HB 1073 --Special Program of Services for At-Risk Children and
Their Families Act; enact...............................................................2306, 2530 HB 1074 --Demonstration family resource center program; create......................2306, 2530 HB 1075 --Youth development centers; decision making; provisions..................2306, 2530 HB 1076 --Juvenile proceedings and parental rights; amend Code.....................2306, 2530 HB 1077 --Barbershops and barber schools; sanitary precautions;
comply................................................................................................2306, 2530 HB 1078 --Georgia Property Owners' Association Act; enact...............................2306, 2530 HB 1079 --Property; tenant set aside dispossessory default.................................2306, 2530
HB 1080 --Personal care homes; evidence in mitigation
and explanation................................................................................2307, 2530
HB 1081 --Transportation projects; private entity
contracts; authorize..........................................................................2307, 2530
HB 1082 --Workers' compensation; revise provisions ............................................2307, 2530

2912

INDEX

HB 1083 --Income tax credit; uncompensated indigent health care....................2137, 2309 HB 1084 --Lookout Mountain Judicial Circuit; add employees...........................2307, 2530 HB 1085 --Georgia Comprehensive Health Insurance Pool Act; enact...............2307, 2530 HB 1086 --Uniform Commercial Code; definitions, provisions.............................2307, 2530 HB 1087 --Tags; special plates for prisoners of war; include
Persian Gulf War.............................................................................2308, 2530 HB 1088 --Service of process by publication; certain requirements....................2308, 2530 HB 1089 --Housing authorities; commissioners; number and
selection.............................................................................................2308, 2530 HB 1090 --Motor vehicle service agreement companies; regulate........................2308, 2530 HB 1091 --Hazardous waste facility; near groundwater
recharge area; prohibit ..............................................................................2528 HB 1092 --Hazardous waste facility; certain permits; prohibit.......................................2528 HB 1093 --Macon-Bibb County Governmental Reorganization
Study Commission; create.........................................................................2529 HB 1094 --Hall County; civil service system; amend........................................................2529 HB 1095 --Tax sale; right to redeem property; expiration..............................................2529 HB 1096 --Georgia Security for Public Deposits Act; enact............................................2529 HB 1097 --Financial institutions and attorneys; trust
accounts; exclusive conditions..................................................................2529 HB 1098 --Probate courts; certain misdemeanor cases; jurisdiction..............................2529 HB 1099 --Probate courts; certain misdemeanor cases; jurisdiction..............................2529

PART III

HOUSE RESOLUTIONS

HR 1 --Notify Senate; House convened ...................................... 12

HR 2 --Rules of House; adopt .............................................. 12

HR 3 --Relative to House; officials, employees, and committees ................ 13

HR 4 --Joint Session; relative to inauguration of

Governor and Lieutenant Governor ........................... 15, 33

HR 5 --Joint Session; Governor's message ............................... 16, 125

HR 6 --Joint Session; Governor's message; invite Supreme

Court Justices and Appeals Court Judges .................... 16, 126

HR 7 --State lottery; provide - CA ......................... 61, 106, 250, 293, 705

HR 8 --Joint Session; Governor's message ............................... 16, 126

HR 9 --Joint Session; message from Chief Justice of

Supreme Court ............................................ 17, 126

HR 10 --Sales tax; food consumed off premises; exemption - CA ............ 61, 106

HR 11 --House Sentencing Guidelines Study Committee; create ............ 61, 106

HR 12 --Alternative energy resources; urge research and

development ..................................... 61, 106, 264, 274

HR 13 --Green Walks Study Committee; create .................. 61, 106, 292, 427

HR 14 --Joint Comprehensive Transportation Plan for

Georgia Study Committee; create........................ 61, 106, 906

HR 15 --Regional development centers; ratify certain transfer .............. 61, 106,

124, 171, 451, 478

HR 16 --Local constitutional amendments; referendum

for repeal - CA ............................... 62, 106, 212, 236, 650

HR 17 --Governor and Lieutenant Governor; one six-year term - CA ........ 62, 106

HR 18 --Drew, Mrs. Margaret; compensate ................. 62, 106, 888, 972, 2539

HR 19 --Wetlands Conservation Study Committee; create ......... 62, 106, 292, 327,

335, 492, 1441, 2054

HR 20 --Georgia Tech; Division I NCAA national football

champions ....................................... 62, 106, 264, 274

HR 21 --Governor's veto; three-day session for overriding - CA ............. 62, 106

HR 22 --Pari-mutuel wagering; horsetracks - CA .......................... 22, 106

HR 23 --Public assistance checks; urge financial

institutions to cash ........................................... 108

HR 24 --Casino gambling; provide - CA .................................. 62, 106

HR 25 --House State Flag Redesign Study Committee; create .............. 63, 106

HR 26 --Dog racing; provide for pari-mutuel wagering - CA ................ 63, 106

HR 27 --House Facilities for Traumatic Brain Injured and Other

Physically Debilitated Persons Study Committee;

create ........................................... 63, 106, 285, 461

HR 28 --House Strategic Planning Study Committee; create ................ 63, 106

930, 2323, 2636

HR 29 --Radon gas; urge school systems to test schools

109

HR 30 --Atlanta, City of; restoration of Auburn Avenue;

2914

INDEX

expressing support ................................................................63, 106, 488, 488 HR 31 --Biomedical waste thermal treatment technology
facilities; moratorium............................................................................63, 106 HR 32 --Fiscal year; April 1-March 31; authorization - CA ..........................63, 106, 888,
978, 1075, 1124 HR 33 --Compensation of local officials set by continued
Constitutional Amendment; General Assembly change by local law - CA......................................................................64, 106 HR 34 --State lottery; provide for educational purposes - CA...............................64, 106 HR 35 --Lotteries; repeal prohibitions - CA..............................................................64, 106 HR 36 --State lottery; indigent care and educational purposes - CA.........................................................................................64, 106 HR 37 --Superior court judges; Governor appoint - CA........................................104, 123 HR 38 --Certain elected officials; plurality of votes - CA.............................104, 123, 644 HR 39 --Nelson Mandela Freeway; designate .........................................................104, 123 HR 40 --Thomason, James; compensate........................................!05, 123, 888, 973, 2539 HR 41 --1993 Junior National Polled Hereford Show and Forum; invite to Perry...............................................................................................109 HR 42 --Heartstedt, Edmund J.; compensate..............................105, 123, 888, 974, 2539 HR 43 --Silver-Haired Legislature; commend and invite officers to House..........................................................................109, 124, 150 HR 44 --Rules of House; amend Rule 12.........................................................109, 124, 129 HR 45 --Rules of House; amend Rule 48 .........................................................................109 HR 46 --McMillan, Timothy; invite to House ................................................109, 211, 274 HR 47 --Georgia School for the Deaf; 1990 football team and coaches; invite to House.....................................................109, 211, 266 HR 48 --Hall, Kevin; commend..........................................................................................109 HR 49 --Cabaniss, Dee; commend.....................................................................................109 HR 50 --Pierce, Jason; commend.......................................................................................109 HR 51 --Pierce, Jeffrey; commend.....................................................................................110 HR 52 --Burnsed, Annette; commend...............................................................................110 HR 53 --Tom Arrendale, Jr., Intersection; designate.............................................110, 149 HR 54 --Norton, Honorable Cheryl; commend................................................................110 HR 55 --Freeman, Charles Marc; commend.....................................................................110 HR 56 --Pryor, James Jarratt; commend .........................................................................110 HR 57 --Amos, John B.; condolences................................................................................110 HR 58 --Shearouse, Stephanie; commend ........................................................................110 HR 59 --Gresham, Mrs. Emma Rene Rhodes; commend...............................................110 HR 60 --Poor in Georgia; recognize plight.......................................................................110 HR 61 --Couch, James W.; condolences............................................................................110 HR 62 --Randolph, Asa Philip; commend........................................................................lll HR 63 --Ginn, Grover C.; commend..................................................................................lll HR 64 --Smith, Ethel M.; commend.................................................................................Ill HR 65 --Hembree, April; commend...................................................................................Ill HR 66 --Wiley, Gail; commend..........................................................................................Ill HR 67 --Williams, Kerry; commend..................................................................................Ill HR 68 --Moore, Greg; commend........................................................................................Ill HR 69 --Wright, Darron; commend...................................................................................Ill HR 70 --Sheffield, Amy; commend....................................................................................lll HR 71 --Eckles, Christopher; commend ...........................................................................111 HR 72 --Georgia Army and Air National Guards; Major General Joseph W. Griffin and Major General Jerry D. Sanders;
commend...............................................................................................111, 149
HR 73 --Dodge County; grant easement.............................122, 148, 550, 665, 1095, 2090
HR 74 --Floyd County; convey property......................................122, 148, 550, 666, 2451,
2473, 2729
HR 75 --Superior court judges; residency requirement - CA................................122, 148

INDEX

2915

HR 76 --Boards of education; single member districts - CA ................................122, 148 HR 77 --Superior court judges; terms of office - CA .............................................123, 148
HR 78 --Pardons and Paroles, State Board of; elect members - CA...................123, 148 HR 79 --Regional development centers; ratify certain transfer............................123, 148 HR 80 --Fannin and Gilmer counties; grant easement.........................123, 148, 550, 571,
1880, 2087 HR 81 --House Resolution 8; amend ........................................................................126, 150 HR 82 --Spells, Lamar; commend......................................................................................127 HR 83 --Lee, J. J.; commend..............................................................................................!27 HR 84 --Ashmore, Sarah; commend..................................................................................127 HR 85 --Chance, Honorable George A., Jr.; commend...................................................127 HR 86 --Staten, Dee; commend .........................................................................................127 HR 87 --Tuttle, Honorable Elbert Parr; congratulate....................................................127 HR 88 --Lane, Kelda; commend ........................................................................................127 HR 89 --Bennett, Jeff; commend.......................................................................................128 HR 90 --Fay, Dr. Martha; commend.................................................................................128 HR 91 --Bostic, Honorable Harris C.; condolences.........................................................128 HR 92 --Powell, Honorable Romae Turner; condolences...............................................128 HR 93 --Richardson, Dr. Harry V.; condolences.............................................................128 HR 94 --Jeffery, Ms. Minnie Mae; condolences..............................................................128 HR 95 --Benn, Lorenzo; condolences ................................................................................128 HR 96 --Porter, Ms. Sheila Denise; condolences.............................................................128 HR 97 --4-H Club Day at the capitol; recognize; invite
state national winners and president to House......................128, 211, 274
HR 98 --University of Georgia baseball team; 1990 NCAA Division I National Champions; invite to House....................128, 211, 266
HR 99 --University System Laboratory, Equipment, Rehabilitation Technology, and Eminent Scholars Endowment Study Committee; create............................................................l29, 550, 569
HR 100 --House Postsecondary Vocational Education Laboratory, Equipment, and Library Research Needs Study Committee; create................................................!29, 526, 570
HR 101 --Georgia Council on Environmental Quality; urge creation...............................................................................!29, 989, 1071
HR 102 --Probate court judges; nonpartisan election - CA ....................................147, 169 HR 103 --Bartow County; convey property ....................................147, 169, 550, 667, 1328
HR 104 --Conestoga Management, Inc; L. F. Heilman, President; compensate..........................................!47, 169, 1128, 1246, 2539
HR 105 --Disrespect to flag; sanctions; urge United States constitutional convention.........................................147, 169, 494, 561, 2318
HR 106 --Disaster Emergency Relief Fund; create - CA.........................................148, 169 HR 107 --Hargus, Ms. Wilma G.; compensate ...............................148, 169, 888, 976, 2539 HR 108 --Revenue; educational purposes; impose one percent
special sales tax - CA..........................................................................164, 199 HR 109 --Daniel, Cary J; compensate..............................................!64, 199, 888, 975, 2539 HR 110 --Georgia's rivers; urge comprehensive assessment...........................164, 199, 292,
428, 920 HR 111 --Future Homemakers of America/Home Economics
Related Occupations youth service organization, commend; proclaim February 7, 1991, FHA/HERO Day at capitol...............................................................................154, 480, 516 HR 112 --Holyfield, Evander; invite to House..................................................l54, 211, 275
HR 113 --Georgia Tech football team and coach Bobby Ross;
invite to House.............................................................................154, 211, 275
HR 114 --Wetlands; federal manual; urge Congress to mandate changes.....................!54
HR 115 --House Disparity in Sentencing and Sentencing Reform Study Committee; create ..............................................................154

2916

INDEX

HR 116 --House Local Government Licenses and Permits Study Committee; create...............................................................164, 199, 526, 744
HR 117 --"Motorcycle Awareness and You (M.A.Y.) Month"; recognize May, 1991.....................................................................................178
HR 118 --President Bush; Persian Gulf crisis; support ...................................................170 HR 119 --Marks, Keith Stephen; compensate............................165, 199, 1275, 1422, 2539 HR 120 --Georgia Citizens for the Arts; commend...................................................178, 227 HR 121 --Finster, Reverend Howard; commend.......................................................179, 227 HR 122 --Slosheye Trail Big Pig Jig; commend................................................................!79 HR 123 --Holloway, Leila D.; commend.............................................................................179 HR 124 --Cochran; Colonel Robert L.; commend .............................................................179 HR 125 --Johns, Tiffany; commend....................................................................................179 HR 126 --Carter, Corporal Harry R. and Ranger First
Class Eric Sanders; commend ....................................................................179 HR 127 --Trinity Christian Methodist Episcopal Church; commend............................179 HR 128 --LaBord, Mrs. Susie; condolences........................................................................l79 HR 129 --Sinkwich, Frank; condolences.............................................................................179 HR 130 --Hefner, Ted C.; commend...................................................................................179 HR 131 --University of Tennessee; urge attendance of certain
Georgia residents without out-of-state fees.....................................179, 530 HR 132 --Operation Desert Shield; men and women; support .......................................180 HR 133 --Peach County; annexation of property .....................................................168, 199 HR 134 --Revenue; educational purposes; impose one
percent special sales tax - CA............................................................168, 199 HR 135 --Rules of House; amend Rule 27.........................................................200, 550, 634 HR 136 --Cairo High School Syrupmakers football team;
invite to House.............................................................................200, 251, 266 HR 137 --Cairo High School Syrupmakers varsity cheerleaders;
commend.......................................................................................200, 251, 266 HR 138 --Gillis, Mrs. Laura Jean; condolences.................................................................209 HR 139 --Greene, William W., Jr.; commend....................................................................209 HR 140 --Kersey, Sgt. Gerald; commend............................................................................209 HR 141 --Armstrong, Henry T., Jr.; commend..................................................................209 HR 142 --Smyrna-Oakdale Moose Lodge 1917; commend...............................................209 HR 143 --Smyrna-Oakdale Women of the Moose Chapter 1420; commend.................209 HR 144 --"Savannah Day at the Capitol"; recognize January 28, 1991 ........................209 HR 145 --Shaw, Ms. Emily C.; commend...........................................................................209 HR 146 --Firefighters' Recognition Day; 19th annual; commend...................................210 HR 147 --The Atlanta Constitution; reduced circulation in
South Georgia; reconsider...........................................................................210 HR 148 --African-American history; encourage as part of curriculum..........................210 HR 149 --Hiring practices in public schools; urge investigation.....................................210 HR 150 --Dougherty County; convey property...............................224, 263, 550, 667, 1328 HR 151 --Supreme Court decision; Pennsylvania v. Davenport;
urge Congress override.........................................224, 263, 1136, 1528, 2539 HR 152 --Georgia Southern University football team;
invite to House.............................................................................240, 320, 495 HR 153 --Stowers, Tim; Georgia Southern head coach;
invite to House.............................................................................240, 320, 495 HR 154 --Robinson, Nikki; invite to House......................................................240, 320, 516 HR 155 --J. Carrell Larmore Probation Detention Center;
designate.....................................................................261, 285, 812, 901, 1328
HR 156 --Jimmy Lee Campbell Memorial Highway; designate....................262, 285, 313,
432, 803
HR 157 --Lorenzo Benn Youth Development Center; designate ..................262, 285, 812,
973, 1925
HR 158 --Revenue; educational purposes; impose one percent

INDEX

2917

special sales tax - CA..........................................................................262, 285 HR 159 --Revenue; educational purposes; impose one percent
special sales tax - CA..........................................................................262, 285 HR 160 --Certain counties; grant easement....................................262, 285, 550, 668, 1095 HR 161 --Motor fuel taxes; provide and maintain mass
transportation facilities - CA.............................................................262, 285 HR 162 --Steve Polk Plaza; name and erect marker.....................263, 285, 550, 742, 1266 HR 163 --House Study Committee on Minority Business
Enterprise Participation in State Contracts; create.................................................................................263, 285, 2530, 2636 HR 164 --Valdosta High School football team, commend; Coach Nick Hyder, invite to House..........................................266, 320, 461 HR 165 --Cathy, S. Truett; commend.........................................................................275, 324 HR 166 --President Bush, United States Congress, and men and women in Operation Desert Storm; support...........................275 HR 167 --Cheadle, Mark Andrew; commend.....................................................................275 HR 168 --Brown, Mrs. Evarn; commend............................................................................275 HR 169 --Howell, Dr. William B.; commend .....................................................................275 HR 170 --Gray, James T., Jr.; recognize.............................................................................275 HR 171 --Csitar, Sandor; commend.....................................................................................275 HR 172 --Neighbors, Ms. Jasmine; commend....................................................................275 HR 173 --Dougherty, James J.; commend..........................................................................275 HR 174 --Hewatt, Ronald Wayne, Sr.; commend..............................................................276 HR 175 --Kesler, David Ross; commend ............................................................................276 HR 176 --Underwood, Mr. Carroll; commend....................................................................276 HR 177 --Mitton, Reverend Gerald Alexander; commend...............................................276 HR 178 --Elbert County; Purple Martin Capital of Georgia; proclaim.........................276 HR 179 --Georgia Association of Black State Colleges; commend.................................276 HR 180 --Positive Images Enterprises and Nubian Expressions; commend.................276 HR 181 --State lottery for education construction trust fund; provide - CA.....................................................................284, 319 HR 182 --Joint Workers' Compensation Study Committee; create .......................284, 319 HR 183 --Georgia Geographic Information System Study Committee; create......................................................................................................318, 448 HR 184 --Nelson, Hoyt L; compensate........................................319, 448, 1128, 1245, 2539 HR 185 --County-wide calling plan; urge Public Service Commission to expand toll-free band...................................284, 319, 1128,
1301, 2318 HR 186 --"Mental Health Day" in Georgia; proclaim
February 4, 1991 ..................................................................................327, 450 HR 187 --Albany Day at Capitol; recognize February 25, 1991;
invite representatives to House.................................................433, 480, 516 HR 188 --Ad valorem tax; property value; acquisition - CA...................................445, 488 HR 189 --Medicaid; enhance and improve program; urge
Georgia Congressional delegation...........................445, 488, 888, 948, 2318 HR 190 --Joint Children's Poison Protection Study Committee;
create......................................................................................................445, 488 HR 191 --Westmoreland, William "Bill"; commend.........................................................433 HR 192 --Daniel, Jay, Valerie Ponder, and Christopher Stanley;
commend........................................................................................................433 HR 193 --Cairo High School Syrupmaker Band; commend............................................433 HR 194 --Smith, Alice R. "Nell"; commend......................................................................433
HR 195 --Chambliss, Reverend L. J.; commend................................................................433
HR 196 --Brantley, J. Marion; commend...........................................................................433
HR 197 --Whaley, Ernest S.; commend..............................................................................433
HR 198 --Morgan, Michelle Marie; commend ...................................................................433
HR 199 --Pepperell High School Dragons football team; commend..............................433

2918

INDEX

HR 200 --Association County Commissioners of Georgia; Fourth Annual Legislative Day; commend...............................................433
HR 201 --Operation Desert Storm; men and women of Banks County; support............................................................................................434
HR 202 --Operation Desert Storm; men and women of Jackson County; support............................................................................................434
HR 203 --Boynton Elementary School; commend ............................................................434 HR 204 --Landau, Edmund Alderman, Jr.; condolences..................................................434 HR 205 --Albany Dixie All-Stars Little League baseball team;
commend........................................................................................................434 HR 206 --White, Jeffrey L.; commend................................................................................434 HR 207 --Nichols, Harold; commend..................................................................................434 HR 208 --Turner, Mr. and Mrs. H. Jack; 50th wedding anniversary;
commend........................................................................................................434 HR 209 --Lieutenant Governor and Speaker of House; limit
terms of office - CA............................................................448, 488, 644, 713 HR 210 --DeKalb County Homestead Exemptions Study Committee;
create...........................................................................448, 488, 555, 556, 1556 HR 211 --House Military Support and Assistance Study Committee;
create......................................................................................................448, 488 HR 212 --Health insurance; urge coverage of experimental
prescription drugs................................................................................448, 488 HR 213 --Operation Desert Storm; men and women of Worth
County; support............................................................................................516 HR 214 --Perrin, Joel Christopher; condolences ...............................................................516 HR 215 --Shell, Alton C.; commend....................................................................................516 HR 216 --Operation Desert Storm; men and women of Turner
County; support............................................................................................516 HR 217 --Georgia Recreation and Park Association; commend......................................516 HR 218 --Simmons, Pauline Chance; 100th birthday; commend....................................516 HR 219 --Nessmith, Ben; commend....................................................................................517 HR 220 --Morris, James Perry; commend..........................................................................517 HR 221 --Pahl, Shirley; commend.......................................................................................517 HR 222 --Ellison, Dr. Robert Gordon; commend..............................................................517 HR 223 --Elmore, Norman Benedict, Jr.; condolences.....................................................517
HR 224 --Governor's Commission on Regional Health Care Issues Affecting Grady Memorial Hospital; create.........................522, 554
HR 225 --State Arboretum of Georgia; designate Thompson Mills forest of University of Georgia ...............................522, 554, 799, 895
HR 226 --Lotteries; delete prohibitions; provide for nonprofit lottery - CA..........................................522, 554, 1154, 1579, 1617
HR 227 --Bamford, Dr. Sophia Boyd; 1990 Mother of the Year; invite to House.............................................................................532, 550, 636
HR 228 --Warner Robins Air Logistics Center, recognize; Major General Richard F. Gillis, invite to House........................................................................................534, 656, 697
HR 229 --Adjournment; relative to.............................................................547, 566, 664, 679 HR 230 --Forrester, Miss Lemma; commend.....................................................................548 HR 231 --Forsyth County Optimists Club; commend......................................................548 HR 232 --Haney, Lee "Mr. Olympia"; commend..............................................................548
HR 233 --Georgia Mountain Fair, Inc, "Ole Time Fiddlers Convention"; recognize as official state
fiddlers convention ..............................................................................548, 650
HR 234 --Hahira, City of; commend; invite Mayor Jesse Parrott to House..........................................................................548, 715, 716
HR 235 --House Driver's License Sanctions and Automobile Insurance Study Committee; create..................................................525, 554

INDEX

2919

HR 236 --Jones County High School Lady Hounds Softball Team; invite to House.............................................................................559, 703, 757
HR 237 --Cushing-South Regional Association; welcome ................................................635 HR 238 --Operation Desert Storm; United States military
personnel of Cobb County; honor..............................................................636 HR 239 --Mercer University Southern School of Pharmacy students;
commend........................................................................................................636 HR 240 --Ellis, Colonel Lee; commend...............................................................................636 HR 241 --Otwell Middle School; commend........................................................................636 HR 242 --St. James A. M. E. Church; commend..............................................................636 HR 243 --Operation Desert Storm; men and women of Dawson
County; support............................................................................................636 HR 244 --Operation Desert Storm; men and women of Hall
County; support............................................................................................636 HR 245 --Dulaney, Gilbert G.; commend...........................................................................636 HR 246 --Johnson, General Hansford T.; invite to House..............................636, 703, 757 HR 247 --Honorary Commanders Association; commend;
invite certain members to House..............................................665, 733, 757 HR 248 --Joint Study Committee on Gasoline Marketing;
create...........................................................................................643, 703, 1128 HR 249 --Sink, Scott; commend ..........................................................................................697 HR 250 --J. W. Arnold Elementary School; commend.....................................................697 HR 251 --Family Community Leadership Teams; commend..........................................698 HR 252 --Student Advisory Council to the Board of Regents
of University System of Georgia; commend.............................................698 HR 253 --Barbeque Kitchen; commend..............................................................................698 HR 254 --Headquarters, 265th Engineer Group of Georgia
National Guard; commend..........................................................................698 HR 255 --Brack, Carl E.; commend.....................................................................................698 HR 256 --Ashford, Sylvester; commend..............................................................................698 HR 257 --Rush, Ronnie; commend......................................................................................698 HR 258 --Kelly, Woodrow; commend..................................................................................698 HR 259 --Barry, Ms. Tina Marie; commend......................................................................698 HR 260 --Special judicial circuits; investigative grand
juries, trial juries, courts, and personnel - CA................................732, 799 HR 261 --Cable industry; competition in marketplace; urge
United States Congress to enact legislation...................................732, 799, 1539, 1583
HR 262 --Justice, Dave Christopher; invite to House......................................757, 819, 953 HR 263 --Thomson Work Unit staff; Human Resources Department; commend .......759 HR 264 --Operation Desert Storm; men and women of Walton
County; support............................................................................................760 HR 265 --Elder, Billy N.; commend............................................................,.......................760 HR 266 --DeKalb County; site for 1996 Olympic tennis events; support.....................760 HR 267 --Arnold, C. Haase, Sr.; commend.........................................................................760 HR 268 --Harris, Mrs. Evelyn Redfern; commend............................................................760 HR 269 --Swindle, Harold S.; commend.............................................................................760 HR 270 --Freedoms Foundation at Valley Forge; commend...........................................760 HR 271 --Operation Desert Storm; men and women of Stephens
County; support............................................................................................760 HR 272 --Clack; Billy J.; commend.....................................................................................760 HR 273 --Houston, Charles Hamilton; commend..............................................................760
HR 274 --Bibb, Randolph T. (Bumps), Sr.; condolences.................................................760
HR 275 --Operation Desert Storm; men and women of Coweta
County; support............................................................................................760
HR 276 --Coppedge, William W., M. D.; condolences......................................................760
HR 277 --Operation Desert Storm; men and women of Coffee

2920

INDEX

County; support............................................................................................761 HR 278 --Kustick, Ms. Ronda Bowe; commend................................................................761 HR 279 --Reeves, Lincoln; commend..................................................................................761 HR 280 --Holliman, John E., Jr.; commend.......................................................................761 HR 281 --48th Infantry Brigade; commend .......................................................................761
HR 282 --Pollack, Jackson "Pollard"; commend........................................................................................................761
HR 283 --"The Zell Miller Mountain Parkway"; designate.........................794, 887, 1137, 1335, 2539
HR 284 --Rural development; urge assistance of state departments and agencies,...............................................795, 887, 980, 1004
HR 285 --Airports Study Committee; create........................795, 887, 906, 968, 1880, 2041 HR 286 --Amtrak; proposed service through Georgia; endorse...................798, 887, 1130,
1273, 1880, 2242, 2299, 2491, 2515, 2516, 2732 HR 287 --Operation Desert Storm; men and women of Polk
County; commend ........................................................................................813 HR 288 --Boards of education, elect; school superintendents,
appoint - CA................................................798, 887, 1323, 1576, 2147, 2216 HR 289 --Joint Regional Hospital Study Committee; create..................................798, 887 HR 290 --Joint Workers' Compensation Task Force; create .......................798, 887, 1128,
1179, 1880, 2095, 2318 HR 291 --Fulton County Study Committee on the Equitable
Siting of Waste Handling Facilities; create....................................798, 887, 1767, 1768, 2138, 2241, 2249, 2262
HR 292 --Lincoln County High School Red Devils football team; invite to House..................................................................812, 953, 967
HR 293 --Walker, Pfc. Charles Scott; condolences; invite family to House............................................................................812, 959, 967
HR 294 --Clayton County Motor Vehicle Tag Department; commend.................813, 962 HR 295 --Lynn, Mr. and Mrs. Foster; commend ..............................................................813 HR 296 --Silver Bluff Baptist Church; commend.............................................................813 HR 297 --Right to vote; student awareness; urge.....................................................813, 920 HR 298 --Elliott, Paul William; invite to House ..............................................883, 959, 967 HR 299 --Adjournment; relative to.............................................................................894, 955
HR 300 --Operation Desert Storm; men and women of Whitfield County and City of Dalton; support.........................................................903
HR 301 --Hogan, Columbus; condolences...........................................................................903 HR 302 --Operation Desert Storm; men and women of Lee
County; support............................................................................................903 HR 303 --Gross, Raymond; commend.................................................................................904 HR 304 --Operation Desert Storm; men and women of Henry
County; support............................................................................................904 HR 305 --Kennedy, Trooper First Class Johnny E.; commend......................................904 HR 306 --Nashville Woman's Club; commend ..................................................................904 HR 307 --Studstill, Mrs. Janet; commend..........................................................................904 HR 308 --Snead, Joe M.; commend.....................................................................................904 HR 309 --Peters, Sergeant Robert; commend....................................................................904 HR 310 --Boys Choir of Harlem; commend.......................................................................904 HR 311 --Clive, Dr. Carolyn E.; commend.........................................................................904 HR 312 --Albany Chapter of The Links Inc.; commend..................................................904 HR 313 --Operation Desert Storm; men and women of Catoosa
County; support............................................................................................904
HR 314 --A. H. Stephens Park; volunteer clean up efforts; commend..........................904
HR 315 --Lee, William Spencer "Billy", III; condolences................................................904
HR 316 --Bremen High School 1990 Baseball Team;
invite to House...........................................................................922, 989, 1001
HR 317 --Public Utilities' Promotional Practices Study

INDEX

2921

Subcommittee; urge House Industry Committee to create............................................................................913, 959, 1128, 1171 HR 318 --John T. McKenzie Bridge; designate.........................913, 959, 1130, 1146, 2540 HR 319 --Roberts, William T.; commend...........................................................................953
HR 320 --Future Farmers of America of Georgia; commend; invite president to House.........................................................953, 989, 1001
HR 321 --Operation Desert Storm; men and women of Putnam County; support............................................................................................953
HR 322 --Operation Desert Storm; men and women of Hancock County; support............................................................................................954
HR 323 --Andrews, Chip; commend....................................................................................954 HR 324 --Richardson, Zuma B., Jr.; condolences..............................................................954 HR 325 --Georgia Eta Chapter of Sigma Phi Epsilon Fraternity; commend ...............954 HR 326 --Bland, Dr. Ronald Wayne; condolences............................................................954 HR 327 --Abernathy, Dr. Ralph David; condolences........................................................954 HR 328 --Georgia Tree Farm Program; commend............................................................954 HR 329 --Operation Desert Storm; men and women of Gwinnett
County; support............................................................................................954 HR 330 --Johnstone, Lieutenant Colonel Brian; support................................................954 HR 331 --Reinhardt College Choir; invite to House......................................954, 989, 1001 HR 332 --Public Service Commission; governor appoint
members - CA..................................................................958, 989, 1128, 1168
HR 333 --Joint Study Committee for the Well-being of Georgia's Children; create...................................................................958, 989
HR 334 --Atlanta Red Cross; invite representative to House ....................979, 1029, 1121 HR 335 --Jackson, Mayor Maynard; invite to House....................................998, 999, 1002 HR 336 --Coursey, Marshall D.; compensate............................985, 1036, 1587, 1693, 2539 HR 337 --Natural Resources Regional Headquarters Building
in Brunswick; dedicate in honor of Samuel Thomas Cofer........................................988, 1036, 1129, 1146, 1926 HR 338 --Fredenburg, Mike; commend............................................................................1007 HR 339 --Skandera; Daniel J.; commend.........................................................................1007 HR 340 --Lane, Representative Dick; commend .............................................................1007 HR 341 --Troupe, Inell; commend.....................................................................................l007 HR 342 --Operation Desert Storm; men and women of Forsyth County; support..........................................................................................1007 HR 343 --Rules of House; amend.........................................................988, 1036, 1036, 1121 HR 344 --Rules of House; amend....................................................................988, 1044, 1075 HR 345 --Henry Ossian Flipper; commemorative postage stamp; urge issuance by Postmaster General...........................................1033, 1089 HR 346 --Elmer A. Dennard Highway; designate..................!033, 1089, 1130, 1336, 2540 HR 347 --Joint Study Committee on Fines and Forfeitures and an advisory council; create ......................1035, 1089, 1240, 1959, 2654 HR 348 --Water Resource Conservation Management Study Committee; create.............................................l036, 1089, 1129, 1443, 2540 HR 349 --Woody Glenn Highway; designate..........................1086, 1135, 1137, 1177, 1879 HR 350 --Hapeville, City of; commend; invite Mayor Roy Gibson toHouse..................................................................................H20, 1154, 1178 HR 351 --College Park, City of; commend; invite Mayor T. Owen Smith to House.........................................ll20, 1154, 1178 HR 352 --Warm Springs, City of; lease property............................1088, 1135, 1541, 1585,
2159, 2621, 2728
HR 353 --Titus, Honorable Theo, III, and Camille West Titus; commend................1126
HR 354 --National Guard of Baxley; commend..............................................................1126
HR 355 --Operation Desert Storm; men and women of Pickens
County; support..........................................................................................1126
HR 356 --Operation Desert Storm; men and women of Cherokee

2922

INDEX

County; support..........................................................................................1126 HR 357 --Little, Mrs. Myrtice Ann; condolences............................................................1126 HR 358 --Higgins, Mrs. Sue Addison; commend.............................................................1126 HR 359 --Ledford, Mrs. Renee; commend........................................................................H26 HR 360 --Langford, Mrs. Oneita Burton; commend.......................................................1127 HR 361 --University System of Georgia Outstanding Scholars
on Academic Recognition Day; commend..............................................1127 HR 362 --Operation Desert Storm; men and women of Muscogee
County; support..........................................................................................1127 HR 363 --Snellings, Emory Lawson; condolences............................................................1127 HR 364 --Dromy, Doug; commend ....................................................................................1127 HR 365 --State YMCA Youth Assembly and the Silver-Haired
Legislature; commend................................................................................1127 HR 366 --Moses, Edward Calhoun; condolences.............................................................1127 HR 367 --South Fulton Tennis Center; venue for 1996
Olympic tennis competition; endorse......................................................1127 HR 368 --Adjournment; relative to.........................................................................1145, 1154 HR 369 --Pruett, Darla; invite to House......................................................1152, 1240, 1247 HR 370 --McEachern High School wrestling team and coaches;
invite to House.......................................................................1153, 1240, 1247 HR 371 --Students Protesting Unsafe Driving (SPUD); commend..............................H53 HR 372 --Harris, Virgil W. "Wink"; commend ...............................................................1153 HR 373 --Gatewood Schools, Inc.; football team and staff;
commend......................................................................................................1153 HR 374 --Etheridge, John D.; commend...........................................................................1153 HR 375 --Ouzts, A. Lamar "Buddy"; commend..............................................................1153 HR 376 --Saint David's Day in Georgia; recognize March 1, 1991 ....................1153, 1266 HR 377 --Lee, Reverend Bernard; condolences...............................................................1154 HR 378 --"Women's History Month"; designate March, 1991......................................1154 HR 379 --ADAD equipment; use with long-distance telephone
calls; urge regulation by Federal Communications Commission ..................................................................1158, 1254, 1423, 1585 HR 380 --J. Truman Holmes Bridge; designate..........................................1158, 1255, 1541 HR 381 --Fielding, Trooper First Class Henry W. "Hank", Jr.; invite to House.......................................................................ll70, 1432, 1512 HR 382 --Lincoln County High School Lady Red Devils; softball team and coach; invite to House ..........................1170, 1277, 1278 HR 383 --Fifth Annual Georgia Peach Festival; commend; invite representative to House..................................................................1170, 1432 HR 384 --Certain educational facilities; authorize guaranteed revenue debt - CA............................................................................1253, 1322 HR 385 --Certain business loans; authorize guaranteed revenue debt - CA............................................................................1254, 1322 HR 386 --Crammond, Ann Lyon; condolences.................................................................1176 HR 387 --Strickland, Honorable Mid; condolences.........................................................1176 HR 388 --Herndon, Pete; condolences..............................................................................1176 HR 389 --Wilson, Dr. Charles Raymond; condolences...................................................1176 HR 390 --Gray, Honorable Joseph Bowie; commend .....................................................1176 HR 391 --Morrow, City of, Police Department and Morrow Elementary School; commend..................................................................1176 HR 392 --Conyers Lions Club; commend.........................................................................1176 HR 393 --General Electric Company; commend .............................................................1176
HR 394 --Riverdale High School; commend....................................................................1177
HR 395 --Hammond Generating Plant of Georgia Power Company;
recognize......................................................................................................1177
HR 396 --Saw Mill of the Linerboard Division of Inland
Container Corporation; commend............................................................ 1177

INDEX

2923

HR 397 --Box Factory of Inland Container Corporation; commend............................1177 HR 398 --Paper Mill of Inland-Rome, Inc.; commend...................................................H77 HR 399 --Loans, scholarships, and grants; certain military
persons; General Assembly provide - CA.....................................1254, 1322 HR 400 --Savannah, City of; St. Patrick's Day Parade and
Festivities; commend; invite officials to House.....................................1274 HR 401 --Lane, Representative Bob; commend ..............................................................1272 HR 402 --James Earl Carter, Jr. Tribute Commission; create...........................!254, 1322,
1432, 1578, 2020 HR 403 --Williams, Isaiah F. "Ike", Jr.; condolences..................,..................................1275 HR 404 --Keene, Windelle H.; condolences .....................................................................1275 HR 405 --Wooten, Willie Cleveland; condolences...........................................................1275 HR 406 --Boyd, Honorable Joseph Arthur, Jr.; commend.............................................1275 HR 407 --Giles, Ms. Judith E.; condolences.....................................................................!276 HR 408 --Alexander, Dr. Cameron M.; commend...........................................................1276 HR 409 --High School Leadership Rome program; 1991 participants;
commend......................................................................................................1276 HR 410 --Robinson, Honorable Lee, Vernon Colbert, Gene Basinski,
Larry Brown, Carolyn Crayton, Christine Harmon, and Jim Marshall; invite to House.....................................1336, 1432, 1444 HR 411 --House Study Committee on Local Government Revenue Diversification; create......................................................................1428, 1547 HR 412 --Turner County Peanut Monument; proclaim as official state peanut monument .............................................1429, 1547, 1548, 1706 HR 413 --Joint Steering Committee for the Georgia General Assembly's Conference on Teenage Homicides and Suicides; create.........................................................................1429, 1547 HR 414 --Desert Storm Monument Commission; create.....................................1429, 1547 HR 415 --Retail stores; relative to price labels................................................................1524 HR 416 --Goff, James Rayford "Jim Buck", Si.; condolences.................................................................................................. 1524 HR 417 --Beavers, Howard; condolences..........................................................................1524 HR 418 --Harrison, George Hendree, Jr.; commend.......................................................1524 HR 419 --Scottdale community in DeKalb County; commend.....................................1524
HR 420 --Operation Desert Storm; men and women of Chatham County; support..........................................................................................1524
HR 421 --Ledbetter, Honorable J. Leonard; commend..................................................1524 HR 422 --Cobb County; recycling efforts; commend......................................................1524 HR 423 --Atkins, Ms. Babe; commend .............................................................................1524 HR 424 --Davidson, John; commend.................................................................................1525 HR 425 --Washington County High School Hawks and Hawkettes
basketball teams; commend......................................................................1525 HR 426 --Turner, Mr. and Mrs. Glenn H.; 50th anniversary; commend ....................1525 HR 427 --George, Ms. Cindy; commend...........................................................................1525 HR 428 --Central Baptist Church; commend...................................................................1525 HR 429 --Operation Desert Storm; men and women of Barrow
County; support..........................................................................................1525 HR 430 --Scott, Miss Tonya; commend............................................................................1525 HR 431 --Cox, Honorable Joe Lane; commend...............................................................1525
HR 432 --No pass, no play; urge State Board of Education to revise policy.............................................................!547, 1598, 1861, 1954
HR 433 --Georgia Association of Educators Restructuring of
Schools Task Force; commend .................................................................1589
HR 434 --Prevention P.L.U.S. (Positive Leadership Utilizing
Students); commend..................................................................................1589
HR 435 --Greer, Thurman C. "Tom"; commend.............................................................!589
HR 436 --Sumner, Frank "Deputy Dawg"; commend....................................................1589

2924

INDEX

HR 437 --Hemperley, Mrs. Ruth Ryner; commend........................................................1589 HR 438 --Bronner, Nathaniel Hawthorne; commend.....................................................1589 HR 439 --American dogwood; federal and state agencies and
University System of Georgia; urge research to save...........................1589 HR 440 --Gunby, Robert and Norma; fiftieth anniversary; commend ........................1590 HR 441 --Joint Capital Outlay Study Committee; create........................1597, 1766, 2138,
2448, 2654, 2664 HR 442 --House State Health Benefit Plan Pharmacy Program
Study Committee; create............................................!598, 1766, 2138, 2426 HR 443 --Veterans Armed Forces Honor Commission; create...........................!598, 1766,
1767, 1959 HR 444 --Eugene Talmadge Memorial Bridge; continuation
of name; support .........................................................1598, 1766, 1767, 1881 HR 445 --Dundee Mills, Inc. and Griffin Technical Institute;
invite representatives to House...........................................1719, 1767, 1895 HR 446 --Sharon Teague Day; designate March 10, 1991 .............................................1761 HR 447 --Tucker, Herman B.; condolences......................................................................l761 HR 448 --Master, Reuben B.; condolences.......................................................................!761 HR 449 --Russell, Ari; commend........................................................................................l761 HR 450 --Exner, Ansley; commend ...................................................................................1762 HR 451 --Lofton, James C.; commend..............................................................................1762 HR 452 --Schwartz, Ms. Florence; commend...................................................................l762 HR 453 --Moore, Jerry; commend.....................................................................................1762 HR 454 --Douglas Judicial Circuit; commend judges .....................................................1762 HR 455 --Morrow, City of, Police Department and B. C.
Haynie Elementary School; commend ....................................................1762 HR 456 --Outstanding "Bill Mumbler" of 1991; commend...........................................1762 HR 457 --Older Georgians' and Handicapped Transportation
Task Force; create............................................................................!598, 1766 HR 458 --Tattnall Square Academy Trojans football team and
coaches; invite to House.......................................................1861, 1865, 1895 HR 459 --Cobb County; Concord Historic District; urge funding
forpark..............................................................................................!863, 1911 HR 460 --Roberts, Mary Ann and Jack; commend.........................................................1861 HR 461 --Parrish, Coach Douglas R.; commend..............................................................!861 HR 462 --Delta Air Lines; commend.................................................................................!895 HR 463 --Youth Assembly officials; commend................................................................1895 HR 464 --Samples, Amanda; commend ............................................................................1895 HR 465 --Georgia Resource Conservation and Development Council;
commend......................................................................................................1895 HR 466 --Lynn, Coleman Jeremy; commend...................................................................1895 HR 467 --Brown, T. Graham; commend...........................................................................!895 HR 468 --Smith, Ms. Douglass Ann; commend...............................................................1895 HR 469 --Lee, Honorable Bill; commend .........................................................................1905 HR 470 --Hamilton, Representative DeWayne; commend.............................................l906 HR 471 --Electric membership corporations; urge study by Public
Services and Utilities Subcommittee of House Committee on Industry...................................................................1909, 2018 HR 472 --Adjournment; relative to.........................................................................1928, 1960 HR 473 --C. D. Gearing, Jr., Gospel Choir; commend....................................................2010 HR 474 --Lakeside High School varsity academic bowl team; commend ...................2010 HR 475 --Shelnutt, Mrs. Sylvia; commend ......................................................................2010
HR 476 --Moody Air Force Base; commend....................................................................2010
HR 477 --Moss, Lt. Marion Gary; condolences ...............................................................2010
HR 478 --Operation Desert Storm; men and women of Jones
County; support..........................................................................................2010
HR 479 --Council of Superior Court Clerks of Georgia;

INDEX

2925

inaugural officers; commend.....................................................................2010 HR 480 --Operation Desert Storm; men and women of Twiggs
County; support..........................................................................................2011 HR 481 --Operation Desert Storm; men and women of Wilkinson
County; support..........................................................................................2011 HR 482 --Jacobs, Harry M.; commend .............................................................................2011 HR 483 --Harrell, Albert Moore, Jr.; commend ..............................................................2011 HR 484 --Peterman, Walter and Rhunelle; fiftieth anniversary;
commend......................................................................................................2011 HR 485 --Girl Scout Troops sponsored by Tara Elementary
School; commend........................................................................................2011 HR 486 --Waddle, Honorable Theodore W.; commend..................................................2011 HR 487 --Hendrix, Ronald, Sr.; commend.......................................................................2011 HR 488 --Anthony, Steve; commend.................................................................................2011 HR 489 --Georgia State University basketball team and coach;
invite to House.......................................................................2043, 2138, 2151 HR 490 --Findley, Harvey D.; commend ..........................................................................2103 HR 491 --Van Shelton, Ricky; commend..........................................................................2103 HR 492 --Organ donations; encourage ..............................................................................2104 HR 493 --Barron, Charles William (Bill); commend ......................................................2104 HR 494 --McDonald, Lauren "Bubba"; commend..........................................................2104 HR 495 --DeKalb Historical Society; commend..............................................................2104
HR 496 --Operation Desert Storm; men and women of Douglas County; support..........................................................................................2104
HR 497 --Thrash, Arch; one-hundredth birthday; commend........................................2104 HR 498 --Smith, Mr. and Mrs. Gibson; fiftieth anniversary; commend......................2104 HR 499 --24th Infantry Division (Mechanized), U. S. Army; commend.....................2104 HR 500 --K. T. Kennedy Reef; designate..........................................2017, 2137, 2138, 2662 HR 501 --Twiggs, Honorable Ralph; commend...............................................................2130 HR 502 --Moraetes, Tom; commend.................................................................................2130 HR 503 --SEC Championship Game Task Force; commend.........................................2130 HR 504 --McCormack, Robert E. "Bob", Jr.; condolences............................................2130 HR 505 --Beck, Honorable James; commend......7^7\........................................................2130 HR 506 --Sherman, Gordon M.; coraraend.................^.^.............................................2130 HR 507 --Clark, Mrs. Loretta Anne; commend ...........<TM^S...........................................2130 HR 508 --Marsh, Reverend Clinton M.; commend .........................................................2131 HR 509 --Robinson, Susan and Mark Mori; commend..................................................2131 HR 510 --Jarrett, Forrest E.; commend............................................................................2131 HR 511 --Morrow High School girls' basketball team and
coaches; invite to House............................................'..........2153, 2310, 2322 HR 512 --Statesboro High School basketball team and Coach
Lee Hill; invite to House......................................................2153, 2310, 2322 HR 513 --Crisp Academy "Wildcats" boys' basketball team;
invite to House.......................................................................2153, 2310, 2322 HR 514 --Laseter, Benjamin Robert; commend ..............................................................2223 HR 515 --Worthy, James Earl; condolences.....................................................................2223 HR 516 --Bell, Albert Donald; commend .........................................................................2223 HR 517 --Operation Desert Storm; men and women of Madison
County; support..........................................................................................2223 HR 518 --Operation Desert Storm; men and women of Franklin
County; support..........................................................................................2223 HR 519 --Operation Desert Storm; men and women of Hart
County; support..........................................................................................2223
HR 520 --Jackson, Reverend Elizah, Sr.; commend........................................................2223
HR 521 --Crowe, Robert L.; commend..............................................................................2223
HR 522 --McCorkle, Dr. David Benson; commend.........................................................2223
HR 523 --Day, Warren Levi and Eva Lee; condolences.................................................2223

2926

INDEX

HR 524 --Mitchell-Baker High School Eagles basketball team; commend.................2224 HR 525 --State Board of Education and state school
superintendent; appointment - CA...............................................2308, 2530 HR 526 --Consolidation, division, or merger of counties;
approval by voters; remove requirement - CA............................2137, 2309 HR 527 --Hart County Lady Bulldogs basketball team and coaches;
invite to House.......................................................................2243, 2310, 2322 HR 528 --R. E. Lee Army Junior ROTC Color Guard; commend................................2298 HR 529 --Roe, Betty; commend.........................................................................................2298 HR 530 --Browning, Barbara; commend...........................................................................2298 HR 531 --Bedford, Gary; commend...................................................................................2298 HR 532 --R. E. Lee Army Junior ROTC; commend.......................................................2298 HR 533 --Pierce, Monique and Jennifer Sprayberry; commend...................................2298 HR 534 --Hogan, Ralph; commend....................................................................................2298 HR 535 --James, Naomi; commend...................................................................................2299 HR 536 --Parker, Albert; commend...................................................................................2299 HR 537 --Collins, Honorable Barbara-Rose; commend..................................................2299 HR 538 --House Nursing Home Ombudsman Study Committee; create..........2308, 2530 HR 539 --House Nursing Home Regulation and Inspection
Study Committee; create ................................................................2308, 2530 HR 540 --House Study Committee on Physical Fitness and
Amateur Sports; create ...................................................................2309, 2530 HR 541 --Porter, Honorable DuBose; commend.............................................................2323 HR 542 --Hightower, Mrs. Erie Beavers; invite to House.........................2324, 2530, 2616 HR 543 --University System; earned credit hours; relative
to expiration .....................................................................................2309, 2530 HR 544 --Davis, Stephanie; commend ..............................................................................2400 HR 545 --Antioch Baptist Church; commend..................................................................2400 HR 546 --Tarver, Ms. Melissa Evette; commend............................................................2400 HR 547 --Oglethorpe University; commend.....................................................................2400 HR 548 --Operation Desert Storm; men and women of Wayne
County; support..........................................................................................2400 HR 549 --Operation Desert Storm; men and women of Jeff Davis
County; support..........................................................................................2400 HR 550 --Operation Desert Storm; men and women of Appling
County; support..........................................................................................2400 HR 551 --Operation Desert Storm; men and women of Toombs
County; support..........................................................................................2400 HR 552 --Operation Desert Storm; men and women of Brantley
County; support..........................................................................................2400 HR 553 --Grant, Reverend E. James; commend .............................................................2400 HR 554 --Shepherd, Reverend Hubert Floyd; commend...............................................2400 HR 555 --Westover High School basketball team; commend........................................2401 HR 556 --Roberts, Captain Harry Michael; commend...................................................2401 HR 557 --Perry, Levi Herbert; commend.........................................................................2401 HR 558 --Simmons, Mrs. Ethel Williams; commend......................................................2401 HR 559 --House Intern Program; students and coordinator; commend......................2401 HR 560 --Gray, Mary A.; commend...................................................................................2401 HR 561 --Clark, Mrs. Ann Clements; commend..............................................................2401 HR 562 --Lay, Grace Moon; commend.............................................................................2401 HR 563 --Classes AAAA and AAA basketball tournaments; urge Georgia
High School Association to hold at Albany Civic Center....................2401
HR 564 --Roberts, Mrs. Ora V.; commend.......................................................................2401
HR 565 --Crow, Thomas Arthur; commend.....................................................................2401
HR 566 --Rowlett, M. Sgt. Neil; commend......................................................................2406
HR 567 --Seat belts on school buses; urge Department of
Education to study ..........................................................................2309, 2530

INDEX

2927

HR 568 --Gatewood School Lady Gators basketball team; commend.........................2452 HR 569 --Sewick, Mr. and Mrs. Mike; fiftieth anniversary; commend .......................2462 HR 570 --Mosley, Chad; commend....................................................................................2463 HR 571 --House Tiered Pricing of Pharmaceuticals Study
Committee; create......................................................................................2530 HR 572 --Fourth Annual Wild Turkey Jamboree; commend........................................2525 HR 573 --Euclid Avenue Yacht Club; commend.............................................................2525 HR 574 --Williams, J. T., Eagles' Landing Country Club,
and Killearn Properties, Inc.; commend.................................................2525 HR 575 --Bragg, William R. "Billy"; condolences...........................................................2525 HR 576 --Deerfield Windsor School basketball team; commend..................................2525
HR 577 --Operation Desert Storm; men and women of Peach County; support..........................................................................................2525
HR 578 --Operation Desert Storm; men and women of Macon County; support..........................................................................................2526
HR 579 --Monroe Area Comprehensive High School "Lady Canes" softball team; commend............................................................................2526
HR 580 --Pittman, John William "Judge"; condolences................................................2526 HR 581 --Roe, Betty and Barbara Browning; commend................................................2526 HR 582 --Clayton County Water Authority; commend..................................................2526 HR 583 --Pope, Miss Katherine; commend......................................................................2526 HR 584 --Scott, Brigadier General Terry; invite to House............................................2548 HR 585 --Georgia Council on Aging; commend...............................................................2616
HR 586 --Teper, Mr. and Mrs. Philmore; forty-fifth anniversary; commend......................................................................................................2616
HR 587 --Garner, Dr. Cyler D.; commend........................................................................2616 HR 588 --Jessup, Honorable Ben and Assistant Doorkeepers
of House; commend....................................................................................2616 HR 589 --Judd, Naomi and Wynonna; commend...........................................................2617 HR 590 --Biles, Pat and Ernest; commend......................................................................2617 HR 591 --Jackson, James Austin; condolences................................................................2617 HR 592 --Martinez, Johnny; commend.............................................................................2617 HR 593 --Greene, Mr. Jack; commend..............................................................................2617 HR 594 --Griffin, Mrs. Betty Ann; commend..................................................................2617 HR 595 --Life Insurance Company of Georgia; commend.............................................2617 HR 596 --University System of Georgia; commend........................................................2617 HR 597 --Monorail people mover for the Buckhead area;
urge United States funding for study.....................................................2530 HR 598 --Transmittal of bills to Governor during session;
veto messages; veto session - CA.............................................................2530 HR 599 --Office of Planning and Budget and the Department
of Audits and Accounts; commend..........................................................2617 HR 600 --Westover High School girls' basketball team; commend..............................2619 HR 601 --Godfrey, Chief Warrant Officer Gary; condolences.......................................2620 HR 602 --Bull Street Baptist Church; commend............................................................2620 HR 603 --Robinson, Pertha, Jr.; commend......................................................................2620 HR 604 --Givens, Coach Charlie; commend.....................................................................2620 HR 605 --Wynn, Mary Lou; commend..............................................................................2620 HR 606 --Light, Carl R.; condolences ...............................................................................2620 HR 607 --Coker, Herbert Russell "Bussey"; commend..................................................2620 HR 608 --Elliott, Byron; condolences................................................................................2620 HR 609 --Leadership Georgia program and 1991 participants; commend..................2620
HR 610 --Austin, James Owen; condolences....................................................................2620
HR 611 --Lewis, James E., Jr., and the National Urban
Coalition for Unity and Peace, Inc.; commend .....................................2640
HR 612 --Joseph Emerson Brown High School Jaguars football team;
commend......................................................................................................2640

2928

INDEX

HR 613 --Worthy, Specialist James; condolences ...........................................................2651 HR 614 --Blaylock, Mrs. Christine Daniels; commend...................................................2651 HR 615 --Operation Desert Storm; Georgia National Guard from
Jones County; support...............................................................................2695 HR 616 --Operation Desert Storm; men and women of Jasper
County; support..........................................................................................2695 HR 617 --Operation Desert Storm; men and women of Monroe
County; support..........................................................................................2695 HR 618 --Operation Desert Storm; men and women of Crawford
County; support..........................................................................................2695 HR 619 --Mary Persons High School Varsity Debate Team; commend......................2696 HR 620 --Smarr, Community of; commend .....................................................................2696 HR 621 --Parkman, Miss Leigh and Miss Casey Johnson; commend..........................2696 HR 622 --Barber, Lisa Chapman; commend....................................................................2696 HR 623 --Shingler Volunteer Fire Department; commend............................................2696 HR 624 --Concerned Citizens Organization of Ashburn and Turner
County; commend ......................................................................................2696 HR 625 --Ashburn, City of; 100th anniversary; commend.............................................2696 HR 626 --Willis, Mrs. Ruby; commend.............................................................................2700 HR 627 --Rose Garden Club of Ashburn; golden anniversary; commend...................2696 HR 628 --The Coalition For Drug-Free North Fulton; commend ................................2700 HR 629 --Bynum, Jacob; condolences...............................................................................2724 HR 630 --Head, Myrtle Fitch; commend..........................................................................2724 HR 631 --Stokes, Dr. Alfredo; commend..........................................................................2724 HR 632 --St. Marys Rock Shrimp Festival; commend...................................................2724 HR 633 --City of Woodbine Annual Crawfish Festival; commend...............................2724 HR 634 --Kingsland Labor Day Catfish Festival; commend.........................................2724 HR 635 --Law enforcement officers; retirement and pension systems;
urge improvement by counties and municipalities ...............................2724

PART IV
SENATE BILLS IN HOUSE
SB 4 --Campaign contributions; limitations........................................322, 324, 448, 1136 SB 16 --Claims against state; introduction of resolutions
in Senate .......................................................................................226, 227, 263 SB 17 --Merit system; sick leave; utilization...................................................226, 227, 263 SB 18 --Campaign contributions; elected officials;
limitation ..............................................................................226, 228, 263, 644 SB 20 --Campaign contributions; political action committees;
di8clo8ure.......................................................................................227, 228, 263 SB 22 --Campaign literature; regulation provisions............................226, 228, 263, 1136,
1780, 2127 SB 23 --State officers and employees; political activities;
authorization................................................................................226, 228, 263 SB 25 --Elections; certain petitions; one signature per card....................,...........226, 228,
263, 1028 SB 26 --Eastern Judicial Circuit; add judge ...............................322, 324, 448, 1540, 1574 SB 27 --Chatham County; state court; clerk's term......................................200, 200, 224,
1549, 1551 SB 31 --Colleges; full-tuition scholarship program...................................H63, 1166, 1255 SB 32 --Education; remedial programs; eligibility..........................................650, 651, 703 SB 33 --Coroners; training course .....................................................................527, 530, 554 SB 34 --Business development corporations; loan requirement..........................264, 264,
285, 480, 712 SB 35 --Residential Finance Authority; amend provisions ..........................264, 265, 285,
480, 508 SB 39 --Purchases by check or credit card; information
requirements; prohibitions ...........................264, 265, 285, 905, 1950, 2127, 2152, 2222, 2327, 2491, 2540
SB 41 --Wills; lost or damaged; copy accepted for probate.........................322, 325, 448, 906, 2453, 2727
SB 42 --Revenue bonds; interest rate; annual payment...............................227, 228, 263, 1255, 2459
SB 43 --Fulton County and Atlanta, City of; millage rate...........................529, 530, 554, 1256, 1260, 1441
SB 45 --Firearms; license to carry; amend provisions..............................1326, 1329, 1432 SB 46 --Judges of the Probate Courts Retirement Fund;
add Board member...................................................322, 325, 448, 733, 1780 SB 48 --Department of Veterans Service; appointments .............................489, 490, 526,
905, 2325 SB 51 --Evidence; revise Code...........................................................................528, 531, 554 SB 52 --Alcoholic beverages; open containers while driving;
prohibitions...................................................................................735, 736, 799 SB 53 --Firearms; peace officer provisions; amend.............................323, 325, 448, 1029,
2155, 2453

2930

INDEX

SB 54 --General Assembly; expense accounts; documentation....................449, 451, 488,
2132, 2323 SB 55 --Lobbying; registration of representatives of
state agencies .......................................................................323, 325, 448, 542 SB 56 --Tax execution; administration levy; attorney's
fees.................................................................................................323, 325, 448 SB 57 --Probation; sexual assault against probationer.................................449, 452, 488,
2132, 2458, 2727 SB 58 --Feticide by vehicle; first and second degree;
define offenses...............................................323, 325, 449, 2132, 2449, 2541 SB 59 --Evidence; GBI written scientific reports ...........................................556, 558, 643 SB 62 --Probate court judges; nonpartisan election;
qualifying..............................................................................323, 326, 449, 644 SB 63 --Hancock County; chief magistrate; compensation ..........................225, 229, 263,
1433, 1437, 1609 SB 64 --Milledgeville, City of; mayor and aldermen;
compensation................................225, 229, 263, 914, 916, 1002, 1060, 1142 SB 67 --Zoning; conflict of interest; revise provisions ................................994, 996, 1036,
2133, 2423, 2541 SB 68 --Personal Attendant Care Program for Disabled
Adults Act; provisions..................................489, 490, 526, 1089, 2006, 2149 SB 69 --Veterans' drivers' licenses; qualifications..........................................450, 452, 488 SB 71 --Teachers, duty-free lunch periods; Teachers of the Year,
salary increases; at-risk student pilot projects, decategorization of funds......................................647, 651, 703, 1323, 2463,
2651, 2652, 2697, 2697, 2718, 2729 SB 72 --Bribery; public officials; define offense ............................................450, 452, 488,
1862, 1937, 2147 SB 73 --Controlled substances; forfeitures; proceeds.....................................557, 558, 643 SB 74 --Department of Public Safety; amend provisions .............................557, 558, 643 SB 76 --Austell, City of; officers and employees; amend
provisions .................................................................962, 963, 989, 1159, 1162 SB 77 --Cobb County; board of commissioners; public hearing......................1094, 1096,
1135, 1256, 1263 SB 79 --Insurers; certain rate changes; notify
policyholders...............................................................................994, 996, 1036 SB 80 --Austell, City of; homestead exemption; exception..........................961, 963, 989,
1089, 1090 SB 81 --Driver's license; vision requirements; bioptic
telescope.........................................................556, 558, 643, 2133, 2324, 2472 SB 82 --Real estate appraisers; license; qualifications..................................323, 326, 449,
905, 1942, 2148 SB 83 --Cobb County; board of commissioners; landfill
prohibitions..............................................................451, 452, 488, 1159, 1162 SB 85 --Juries; impanel additional grand jurors; district
attorney's request..............................................................489, 490, 526, 1911 SB 87 --Medical records; access by long-term care ombudsman
or Department of Human Resources ..................450, 452, 488, 1423, 1948, 2134, 2152
SB 88 --Interlocutory hearings; compensation for property acquisition..........................................................l092, 1096, 1135, 2132, 2432
SB 90 --Sandy Springs, City of; incorporate...................................................529, 531, 554
SB 93 --Cardiopulmonary resuscitation; candidate for
nonresuscitation; procedures................................961, 963, 989, 1927, 2132,
2266, 2437, 2484, 2545, 2546, 2674, 2729
SB 94 --Georgia Hazardous Waste Management Authority;
composition...........................................528, 531, 554, 806, 1129, 1930, 2148

INDEX

2931

SB 95 --Georgia Housing and Finance Authority Act; enact.......................736, 737, 799,
2302, 2406, 2727 SB 96 --Environmental Facilities Authority; members.................................323, 326, 449,
897, 2399 SB 97 --Environmental Policy Act; enact.........................489, 490, 526, 1906, 2232, 2319 SB 98 --Stone Mountain Memorial Association; add members...................324, 326, 449,
812, 971 SB 99 --Lake Lanier Islands Development Authority; add members.................324, 326,
449, 1037, 1781 SB 100 --World Congress Center; add members..........................800, 803, 887, 1423, 1781 SB 101 --Consumers' utility counsel; change automatic repeal .............................288, 290,
319, 1128, 2109, 2148 SB 102 --Environmental Protection Division; appoint director ............................489, 490,
526, 555, 2275, 2452, 2457, 2651, 2663 SB 103 --Ad valorem tax; real estate transfer tax, filing;
boards of equalization, taxpayer's appeal...............................288, 290, 319, 638, 865, 920
SB 104 --At-risk children and youth; establish goals ..............................917, 921, 959, 978 SB 105 --Children and Youth Overview Committee; create ...........................917, 921, 959 SB 106 --Merit system; permanent employees; adverse
actions .....................................................................................1610, 1611, 1766 SB 107 --Recreation Examiners, Board of; licensure and
certification; provisions....................................528, 531, 554, 697, 734, 2111 SB 110 --Insurance; amend provisions......................890, 893, 913, 1005, 1861, 1883, 2148 SB 112 --District attorneys and solicitors; military duty;
provisions ...................................................................528, 531, 554, 905, 1067 SB 113 --Driving under the influence; alcohol concentration
level .....................................................................................528, 531, 554, 2133 SB 119 --Municipal corporations; certain counties; minimum
distance between boundaries.............................................450, 452, 488, 539 SB 120 --Bingo; licensing requirements ..............................528, 532, 554, 1539, 1939, 2150 SB 123 --Child welfare agency; redefine name and provisions......................917, 921, 959,
978, 1423, 2124 SB 126 --Eggs; regulations, classifications, licenses.........................................800, 803, 887,
979, 1805 SB 127 --Rockdale Judicial Circuit; add judge .................................................647, 651, 703 SB 128 --Inmates with certain infections; notification..........................528, 532, 554, 2011 SB 130 --"Girls and Women in Sports Day"; first Thursday in
February; designate ................................................529, 532, 554, 1277, 1805 SB 131 --Bad checks; present consideration; define ..............................961, 963, 989, 2130 SB 133 --Land use covenants; continuation .......................703, 706, 732, 2303, 2421, 2541 SB 142 --Hazardous substances; spills or releases; reporting.................................703, 706,
732, 1432, 1857, 1926 SB 143 --Medical consent; certain persons; authorization .............................890, 893, 913,
1862, 1933, 2148 SB 144 --State contracts; minority businesses;
certification.............................................................................1092, 1096, 1135 SB 150 --Firearm sales; instant background check;
regulations.....................................................................................801, 803, 887 SB 153 --Retirement; Appeals Court Judges and Supreme Court
Justices; forfeit benefits after certain age; exception ......................................................................647, 651, 703, 733, 815
SB 154 --Corporations; insurable interest in certain
employees; clarification................................890, 894, 913, 1083, 1854, 1926
SB 155 --Schools; compulsory attendance; age.............................735, 737, 799, 1861, 2640
SB 158 --Highways; bus shelters; authorization ....................................735, 737, 799, 1315,
1777, 2021

2932

INDEX

SB 159 --Dentistry; practicing without license; increase penalty...........................................................................................529, 532, 554
SB 160 --Auctioneers; license requirement; continuing education........................735, 737, 799, 1423, 1952
SB 161 --Auctioneers; education, research, and recovery fund; create..............................................................735, 737, 799, 1423, 1952
SB 162 --Financial institution officer; certain information requirement; liability..............................................648, 651, 703, 1255, 2713
SB 163 --Charitable organizations; financial statements................................648, 651, 703, 980, 1929, 2150
SB 164 --Peace Officer and Prosecutor Training Fund; disbursements...............................................................................704, 706, 732
SB 167 --Georgia Education Authority (University) Act; amend..........................648, 652, 703, 1324, 2111
SB 168 --State Board of Registration of Interior Designers; create.............................................................................................735, 737, 799
SB 169 --Certain property; municipalities enter into contract; authorization.................................648, 652, 703, 1129, 1803, 1926
SB 170 --Hospitals; perfecting lien; time period ....................................704, 706, 732, 1911 SB 171 --Civil and criminal cases; sheriffs fees; increase......................................704, 706,
732, 1424, 2467, 2728 SB 172 --State Patrol; educational requirements................................994, 996, 1036, 1424,
2114, 2619, 2663, 2716, 2717, 2717, 2730 SB 174 --General Assembly; local bill advertisements; affidavit
by author..........................................................................994, 996, 1036, 1107 SB 175 --Bond proceeds; authorized investments; provisions .......................648, 652, 703,
716, 979, 1777 SB 176 --State officials; reports to General Assembly; method.........................!039, 1042,
1089, 1137, 2123, 2148 SB 177 --Special alternative incarceration-probation boot camp..........................648, 652,
703, 812, 1005, 1095 SB 178 --Child victim or witness; two-way closed circuit TV.......................801, 803, 887,
2303, 2433, 2541 SB 179 --Oil spills; liability; provisions ........................................704, 706, 732, 1954, 2478,
2544, 2546 SB 180 --Technical and adult education; employees; payroll
deduction; certain charity .........................................................704, 707, 732, 815, 1028, 1778, 1926
SB 181 --Cosmetologists; continuing education..........................................1606, 1612, 1766 SB 182 --Nursing homes; certain sprinkler system;
requirement..................................................................................906, 921, 959 SB 183 --State purchasing; contract amount; sealed bid
or advertisement...................................801, 804, 887, 903, 1037, 2479, 2727 SB 184 --Torts; personal property; damage or theft;
liquidated exemplary damages.................................!093, 1096, 1135, 2132, 2426, 2541
SB 186 --Long-term care facilities; irrevocable letters of credit......................................................................704, 707, 732, 913, 2391
SB 188 --Geologists; board approved supervision; amend provisions.................................................................704, 707, 732, 1129, 2643
SB 189 --Legislative Services Committee; composition...........................705, 707, 732, 888 SB 190 --Teachers and public school employees; health insurance;
amend provisions...............................................................801, 804, 887, 1423
SB 191 --Driver's license; suspension; payment of fines .................................917, 921, 959
SB 192 --Health Policy Council, abolish; Health Strategies
Council, create...............................................736, 738, 799, 1089, 2272, 2540
SB 196 --Combined sewer overflow; eliminate or treat sewage .............................801, 804,

INDEX

2933

887, 897, 1000 SB 197 --Engineers and land surveyors; define land surveying.........................1140, 1143,
1158, 2274, 2401, 2473, 2631, 2696, 2697, 2729 SB 199 --Veterans' drivers' licenses; qualification......................................l039, 1042, 1089 SB 201 --Ad valorem tax; ratio of assessed value to true
value; school purposes............................!039, 1042, 1089, 1935, 2169, 2319 SB 202 --Public Service Commission; gas pipeline or distributing
system; value............................................................801, 804, 887, 1128, 2658 SB 207 --Spalding County; homestead exemption; certain
disabled or elderly persons....................................649, 652, 703, 1866, 1868 SB 208 --Child custody; best interest of child; continuing
parental contact......................................1553, 1557, 1598, 1862, 2431, 2540 SB 209 --State health planning; notifications and exemptions .............................961, 963,
989, 1423, 2431 SB 210 --Child custody; best interest of child; provide criteria............................891, 894,
913, 1540 SB 211 --Nursing homes; receivership; certain violations.............................994, 997, 1036 SB 212 --Nursing homes; reports of abuse; certain immunity.......................907, 921, 959,
1911, 2159, 2541 SB 213 --Nursing homes; deficiencies; notification
requirements............,...............................1042, 1042, 1089, 2265, 2395, 2541 SB 214 --Cobb County Commission on Children and Youth;
tax-exempt status....................................................649, 652, 703, 1159, 1162 SB 217 --Quality Basic Education; amend provisions....................1039, 1043, 1089, 2131,
2224, 2542 SB 220 --General Assembly; identification cards; former
members........................................................................................802, 804, 887 SB 221 --Macon-Water Commissioners Pension Plan; employer
contributions............................................................649, 653, 703, 1137, 1139 SB 222 --Hearing aid dealers; Board, composition; dispenser,
license.......................................................................802, 805, 887, 1423, 1796 SB 223 --Jasper County Economic Development Authority; create.....................705, 707,
732, 2618, 2625, 2727 SB 224 --Probate and magistrate courts; probation services;
provide......................................................................961, 963, 989, 1911, 2113 SB 225 --Fulton County; rodent inspection and control
services; access to residents..........................................995, 997, 1036, 1337, 1767, 1771, 2021
SB 226 --Fulton County; commission chairman; limit terms ...................1876, 1880, 1911 SB 229 --Vital records; confidentiality ........................................994, 997, 1036, 1423, 2297 SB 230 --Motor Vehicle Chop Shop and Stolen and Altered
Property Act; enact ................................................962, 964, 989, 2133, 2273 SB 235 --Certain facilities; violations; actions by
Department of Human Resources........................891, 894, 913, 1136, 1929 SB 236 --Funeral home; property dedicated for cemetery;
requirements............................................................962, 964, 989, 2155, 2437 SB 238 --Civil practice; continuances; party in armed forces............................1040, 1043,
1089, 1862, 1958 SB 241 --Miller County; motor vehicles; designated registration..........................735, 738,
799, 989, 993 SB 243 --Liens; laundries, cleaners, and similar
establishments; alternative method...................................1140, 1143, 1158,
2132, 2167, 2319
SB 252 --Harlem, City of; mayor and council; terms ...........................803, 805, 887, 1137,
1139, 1267
SB 255 --Simple battery against police officer; punishment..............................1140, 1143,
1158, 2422

2934

INDEX

SB 257 --Clayton County; deputy superior court clerk; compensation...........................................................802, 805, 887, 1866, 1873
SB 258 --Clayton County; deputy state court clerk; compensation ...........................................................802, 805, 887, 1866, 1873
SB 260 --Juvenile proceedings; hearings, records; amend provisions ...........................................................1142, 1143, 1158, 2527, 2627
SB 267 --Principal and agent; deed executed under seal .........................1140, 1143, 1158, 1911, 2105
SB 268 --Certain waste treatment facility; permit.....................................1557, 1557, 1598 SB 269 --Technology Related Assistance for Individuals
with Disabilities Act; enact..................................................!263, 1267, 1322 SB 270 --Fulton County; new landfill site; prohibit...................................!774, 1775, 1865 SB 272 --Natural Resources Department; volunteer service
programs; establish and operate..................................995, 997, 1036, 1906, 2278, 2319
SB 274 --Driver's license suspension; change provisions and penalties ..........................................................................1326, 1329, 1432
SB 279 --Local governments; officers and employees; defenses ............................995, 997, 1036, 1861, 1932, 2319
SB 281 --Hospital authorities; certain organizations; assistance .................................................1040, 1043, 1089, 1432, 1955, 2320
SB 282 --Organized militia; state active duty; emergencies...............................1040, 1043, 1089, 1599, 2165
SB 283 --Juveniles awaiting adjudication; restraints on freedom; revise........................................1040, 1043, 1089, 2527, 2625, 2728
SB 284 --Emergency medical services; intravenous fluids on vehicles; requirements ................................................1263, 1267, 1322, 1865
SB 285 --Truthful reports from certain persons; privileged communications.....................................................................1163, 1166, 1255
SB 286 --Railroads; grade crossing elimination costs.................................1141, 1143, 1158 SB 287 --Equine activities; immunity from liability for
certain persons .......................................................................1040, 1043, 1089 SB 289 --Emergency 911 service; definition; billing provisions.........................1040, 1044,
1089, 1539, 1795, 1927 SB 290 --Controlled substance or marijuana; misdemeanor
possession conviction; driver's license suspension...............................................................................1163, 1166, 1255 SB 291 --Probate court judge; office hours; exception ..............................1163, 1166, 1255 SB 293 --Whitfield County; full-time magistrate.........................919, 922, 959, 1767, 1772 SB 294 --Local hospital authorities; projects in other areas; operate upon request.......................................1557, 1558, 1598, 2132 SB 297 --Telephone record information disclosure; prohibitions.............................................................................1606, 1612, 1766 SB 298 --Douglas County; board of commissioners; vacancies......................919, 922, 959,
989, 993 SB 299 --Contact lenses; restrictions on sales............................................1263, 1267, 1322,
2132, 2153, 2320 SB 300 --MARTA; fact finders, arbitration, and resolution
of disputes; provisions......................................l876, 1880, 1911, 2133, 2158 SB 301 --Stone Mountain Judicial Circuit; add judge...............................1438, 1441, 1547 SB 305 --Civil action; injury to minor child; limitation ............................1141, 1144, 1158 SB 309 --Insurance; public adjusters; authority..............................1163, 1166, 1255, 1861,
1929, 2106, 2148
SB 310 --Continuances; absence of attorney; General Assembly
staff..........................................................................................1141, 1144, 1158
SB 311 --Agriculture, crops, farm products; define in Code..............................1040, 1044,
1089, 1255, 1947, 2103, 2205, 2245, 2394, 2517, 2730

INDEX

2935

SB 312 --Driving under the influence, school bus drivers; DUI alcohol or drug use risk reduction programs, criminal records checks.........................................1141, 1144, 1158, 2133, 2156, 2320
SB 313 --Educational institutions; certain documents; unlawful......................1141, 1144, 1158, 2137, 2429, 2542
SB 314 --Brunswick Judicial Circuit; add judge.........................................H41, 1144, 1158 SB 315 --Children in foster care; periodic reviews.....................................1263, 1268, 1322
SB 317 --Superior court clerks; services; costs; certain counties...................................................................................1163, 1166,1255
SB 318 --Certain counties; superior court clerks' fees; population...............................................................................H64, 1167, 1255
SB 320 --Theft; misappropriation of trade secrets....................................-1609, 1612, 1766 SB 321 --Eatonton, City of; corporate limits.............................995, 997, 1036, 1549, 1551,
1697, 1709, 1860, 1881, 2390, 2540 SB 322 --Death investigation; autopsy and limited dissection;
redefine....................................................................................l438, 1442, 1547 SB 323 --Workers' compensation; senior administrative law
judges; appoint..................................................1093, 1096, 1135, 2132, 2277 SB 324 --Flashing green lights, restrictions; county tag decal,
prohibitions; Purple Heart veterans, special plates........................................................1264, 1268, 1322, 2303, 2659, 2728 SB 325 --Torts; unliquidated damages; interest..............................1438, 1442, 1547, 2309,
2661, 2728
SB 327 --Gwinnett County Arts Facility Authority; create .........................995, 998, 1036, 1549, 1552
SB 328 --Quality Basic Education; educational program assessments; amend provisions......................1040, 1044, 1089, 1865, 2008, 2165, 2362, 2436, 2477, 2506, 2730
SB 329 --Rabun County; school superintendent; appoint............................995, 998, 1036, 2310, 2314
SB 332 --Powder Springs, City of; corporate limits..................................1041, 1044, 1089, 1324, 1325
SB 334 --Griffin Judicial Circuit; add judge ...............................................1141, 1144, 1158 SB 335 --Juvenile proceedings; probation and intake;
transfer to Department of Human Resources............................1264, 1268, 1322, 1862, 2447
SB 336 --Motor vehicles; pawnbroker's storage; fees.................................1606, 1612, 1766 SB 338 --Psychologists; licensure provisions....................................1164, 1167, 1255, 1865,
2654, 2728 SB 339 --Motor vehicles; moving or storing; liens ...........................1606, 1612, 1766, 2167 SB 342 --Asbestos; private companies assisting state;
liability insurance..............................................1164, 1167, 1255, 1423, 2155 SB 345 --Photographs or reproductions; sheriffs; right
to make; fees...........................................................................1326, 1330, 1432 SB 346 --Counties; employ marshals to perform duties of
constables.................................................!553, 1558, 1598, 1912, 2166, 2320 SB 347 --Commissioner of Insurance; financial regulatory
capabilities; powers.................................H65, 1167, 1255, 1587, 1806, 1927 SB 348 --Quality Basic Education; mentally-retarded child
in state-licensed facility; free instruction....................................1326, 1330, 1432, 1861, 2112
SB 349 --Cobb County; municipalities and school systems;
millage rate..............................................1439, 1442, 1547, 2249, 2263, 2542
SB 350 --Motor vehicle theft; sentence; special alternative
incarceration or boot camp..................................................1606, 1612, 1766
SB 351 --Tags; distinctive plate; United States
armed forces ...........................................................................1264, 1268, 1322

2936

INDEX

SB 357 --Local welcome centers; state funding...............................1553, 1558, 1598, 1911, 2171, 2245, 2394, 2433, 2482, 2707, 2730
SB 359 --Keysville, City of; new charter.................................1164, 1167, 1255, 1599, 1605 SB 361 --Griffin, City of; disabled or elderly persons;
homestead exemption.....................,.................1265, 1268, 1322, 1866, 1873 SB 362 --Griffin-Spalding County Personal Care Health Board;
provide................................................................!265, 1269, 1322, 1599, 1605 SB 364 --Blue Ridge Judicial Circuit; add judge .............................1553, 1558, 1598, 2303 SB 365 --Emergency medical personnel; certain recertification
standards; delete....................................................................!606, 1613, 1766 SB 366 --Cobb-Marietta Coliseum and Exhibit Hall Authority;
members.........................................l439, 1442, 1547, 1767, 1773, 2021, 2043 SB 367 --Lottery materials and equipment; out-of-state
sales; delete certain provisions.................................!326, 1330, 1432, 1911, 2111, 2245, 2482
SB 368 --Downtown LaGrange Development Authority; powers ......................1265, 1269, 1322, 1599, 1605
SB 370 --Children and Youth Coordinating Council; create ...................1326, 1330, 1432, 2011, 2281, 2542
SB 371 --Cobb Judicial Circuit; judges; supplement..................................!774, 1775, 1865 SB 372 --Insurance premium taxes; county proceeds;
street improvement ...............................................................1606, 1613, 1766 SB 373 --Charlton County; tax commissioner; compensation..................1328, 1330, 1432,
2138, 2140 SB 374 --Nonresident salt-water fishing license; trafficking
in bears or bear parts; pet ferret........................................l607, 1613, 1766, 2131, 2633, 2728
SB 375 --Works of fine art; duplication; authorization............................1607, 1613, 1766, 1912, 2248, 2697, 2709
SB 376 --Law enforcement agencies; copying records for commercial solicitations; prohibit......................................1611, 1613, 1766, 2011, 2293
SB 378 --Juvenile justice services; local provision; incentives................................................................................1553, 1558, 1598
SB 379 --Georgia Register Act; enact...........................................................1607, 1613, 1766 SB 381 --Water quality; limits on phosphorus discharged
into Chattahoochee River ..........................................1607, 1614, 1766, 1912 SB 382 --Recall Act of 1989; amend provisions .....................1607, 1614, 1766, 2153, 2651 SB 384 --Superior court clerks; office hours.....................................1607, 1614, 1766, 2303 SB 385 --Petroleum products; environmental assurance fees;
increase...............................................................!607, 1614, 1766, 1906, 2170 SB 386 --Atlanta, City of; solid waste disposal facility;
exception to prohibitions................................1441, 1442, 1547, 2138, 2141, 2461, 2542
SB 388 --Criminal procedure; offenses bailable only before superior court.........................................................................!610, 1614, 1766
SB 389 --Farm wineries; Sunday sales; remote tasting rooms or special entertainment district..............................1608, 1614, 1766, 2133, 2173, 2320
SB 394 --Divorce petitions; require birth date of petitioner and respondent..........................................1610, 1615, 1766, 2303
SB 395 --Seat belts; failure to use; additional
violations.................................................................................1609, 1615, 1766
SB 396 --County boards of education; chairman's term;
policy of board...................................................!608, 1615, 1766, 2131, 2242
SB 398 --Pierce County; certain commissioners; compensation ........................1554, 1558,
1598, 2018, 2027

INDEX

2937

SB 399 --Smyrna, City of; corporate limits.............................1554, 1559, 1598, 1912, 1919 SB 401 --Clayton County; state court judges; compensation.............................1554, 1559,
1598, 1866, 1873 SB 402 --Riverdale, City of; corporate limits .........................1554, 1559, 1598, 1866, 1874 SB 403 --Clayton County; commission chairman; compensation ......................1555, 1559,
1598, 1866, 1874 SB 404 --Clayton County; superior court clerk and sheriff;
compensation.....................................................1555, 1559, 1598, 1866, 1874 SB 405 --Clayton County; tax commissioner; compensation ...................1555, 1559, 1598,
1866, 1874 SB 406 --Clayton County; state court and solicitor;
compensation.....................................................l555. 1559, 1598, 1866, 1874 SB 407 --Proprietary schools specializing in religious
instruction; exemption ....................................1610, 1615, 1766, 1775, 2303, 2430, 2542
SB 410 --Budgets; long-term plans; cost- benefit reviews of programs.............................................................................1610, 1615, 1766
SB 412 --Schools; Georgia Teachers of the Year; salary increases..................................................................................1608, 1615, 1766
SB 413 --Gwinnett County; change organization of governing authority..................................................1555, 1560, 1598, 2018, 2028, 2134
SB 414 --Dahlonega, City of; community improvement districts; create..................................................1555, 1560, 1598, 2138, 2140
SB 416 --State Structural Pest Control Commission; expand powers...................................................1611, 1616, 1766, 2244, 2647
SB 417 --Quality Basic Education; courses at eligible institutions; high school credit............................................1610, 1616, 1766
SB 419 --Putnam County; magistrate court; add magistrate...................1608, 1616, 1766, 1866, 1875
SB 426 --Executive Fellows Program; provide............................................1611, 1616, 1766 SB 428 --Cherokee County; water and sewer authority;
membership........................................................l608, 1616, 1766, 1866, 1875 SB 433 --Education; office of minority educator recruitment;
create.......................................................................................1609, 1616, 1766 SB 437 --Cobb County; state court; add judge.......................1774, 1775, 1865, 2138, 2141 SB 442 --Franklin County; board of commissioners; create.....................!876, 1880, 1911,
2138, 2141 SB 443 --Sugar Hill, City of; homestead exemption.................................1877, 1881, 1911,
2018, 2023 SB 446 --Smyrna, City of; homestead exemption; elderly persons ...................2019, 2021,
2137, 2310, 2311 SB 449 --Sugar Hill, City of; corporate limits............................................1923, 1927, 2018,
2138, 2141 SB 450 --Clayton County; community improvement districts;
create.......................................................................................2019, 2021, 2137 SB 451 --South Fulton County, City of; incorporate.................................2019, 2021, 2137 SB 452 --North Fulton County, City of; incorporate.................................2019, 2022, 2137 SB 453 --Fulton County; ad valorem tax revenues;
limitation.................................................................................2019, 2022, 2137 SB 454 --Hawkinsville, City of; new charter...........................2019, 2022, 2137, 2310, 2314 SB 455 --Atlanta, City of; bond issuance without
referendum; limitation ..........................................................2150, 2151, 2309 SB 456 --Clayton County; deputy tax commissioner;
compensation..........................................................................2321, 2322, 2530 SB 457 --Roswell, City of; corporate limits .................................................2321, 2322, 2530

PART V
SENATE RESOLUTIONS IN HOUSE
SR 2 --Notify House; Senate convened.............................................................................33 SR 4 --Notify Governor; General Assembly convened.............................................33, 33 SR 5 --Adjournment; adjourn 1/18/91, reconvene 1/28/91 ....................................33, 106 SR 6 --Joint Session; 1996 Olympics in Atlanta; recognize
persons responsible................................................................................34, 107 SR 13 --Revenue bills; originate in either House - CA..................................227, 229, 263 SR 15 --J. P. Marshall Bypass; designate .......................................324, 326, 449, 638, 757 SR 25 --Railroads; abandoned rights of way; convert to trails............................324, 327,
449, 534, 555 SR 31 --State employees on military duty; rights.........................................450, 453, 488,
905, 2104 SR 32 --"Motorcycle Awareness and You Month"; recognize
May, 1991.................................................................450, 453, 488, 1029, 2274 SR 39 --Troup County; grant easement ..........................................288, 290, 319, 550, 669 SR 40 --Cobb County; grant easement............................................288, 290, 319, 550, 670 SR 41 --Whitfield County; grant easement.....................................288, 290, 319, 550, 671 SR 42 --Dawson County; grant easement........................................288, 290, 319, 550, 671 SR 44 --Early County; grant easement............................................289, 291, 319, 550, 672 SR 45 --Seminole County; convey property....................................289, 291, 319, 550, 673 SR 55 --Monroe County; grant easement........................................289, 291, 319, 550, 674 SR 56 --Bush, President George; invite to Southeast Georgia
Veteran's Day Celebration.......................................450, 453, 488, 905, 1122 SR 67 --Fulton County; convey property..............................289, 291, 319, 550, 674, 1041 SR 68 --Fulton County; convey and accept property....................................289, 291, 319,
550, 678 SR 70 --Special judicial circuits; investigative grand
juries - CA.....................................................................................920, 922, 959 SR 72 --Joint Study Committee on Children and Youth; create....................1142, 1145,
1158, 2323, 2630, 2727 SR 90 --Baldwin County; convey property.........................650, 653, 703, 812, 1797, 1927 SR 94 --Wayne County; grant easement.........................................650, 653, 703, 812, 925 SR 96 --Chatham County; convey property ...........................650, 653, 703, 812, 952, 996 SR 98 --Surface Transportation Reauthorization Act; urge
United States Congressional passage...............................530, 532, 554, 906 SR 106 --Baldwin County; convey property.......................705, 707, 732, 1037, 1776, 1926 SR 122 --Raymond G. Davis Medal of Honor Highway; designate ......................995, 998,
1036, 1130, 1859 SR 129 --State Arboretum of Georgia; designate certain forest
at University of Georgia ......................................996, 998, 1036, 1324, 1776 SR 133 --Operation Desert Storm; multinational coalition;
appreciation..........................................................................558, 558, 643, 905 SR 140 --Brantley County; convey property ......................962, 964, 989, 1037, 1800, 1927 SR 146 --Technology Related Assistance Trust Fund for

2940

INDEX

Individuals with Disabilities - CA............................1266, 1269, 1322, 2314 SR 149 --Joint Study Committee on Teachers' Accumulated Sick
Leave; create......................................................!266, 1269, 1322, 2303, 2653 SR 151 --Disrespect to flag; sanctions; urge United States
Constitutional Convention .......................................................996, 998, 1036 SR 154 --Lemacks, D. G. "Bill"; Clayton County sheriff;
commend ...............................................................................................705, 758 SR 159 --Revenue; educational purposes; impose one percent
special sales tax - CA........................................................962, 964, 989, 2527 SR 166 --Urban Policy Study Commission; create..........................!556, 1560, 1598, 2530,
2623, 2664, 2706 SR 174 --"Georgia County Government Week"; designate
April 7-13, 1991.................................................1142, 1145, 1158, 1912, 2112 SR 179 --Water restrictions; certain landscaping;
urge exemption..................................................l095, 1096, 1135, 1432, 2007 SR 180 --"South Georgia Parkway"; designate Corridor Z.......................1165, 1167, 1255 SR 190 --Joint Study Committee for Regional Development
Centers; create...................................................!609, 1617, 1766, 2530, 2662 SR 198 --Certain state parks; authorize lease of certain
tracts.........................................................l611, 1617, 1766, 2640, 2714, 2727 SR 200 --Office of Planning and Budget director; member; State
Financing and Investment Commission - CA...................1441, 1443, 1547 SR 201 --Henry Ossian Flipper; commemorative postage stamp;
urge issuance by Postmaster General................................1095, 1097, 1135, 1158, 1953
SR 205 --Study Commission on Postsecondary Technical and Adult Education Finance; create ....................1441, 1443, 1547, 1912, 2105
SR 213 --Andersonville POW Memorial Trail; designate.........................!609, 1617, 1766, 2131, 2222
SR 233 --Roger E. James Bridge and J. Truman Holmes Bridge; designate ....................................1611, 1617, 1766, 2012, 2121, 2149
SR 235 --Lyle Jones Parkway; designate.................................!610, 1617, 1766, 1907, 2125 SR 247 --Adjournment; relative to..........................................................................1520, 1520 SR 264 --Stewart County Wild Game and Fish Cookoff and Exposition;
designate as Official Georgia Wild Game and Fish Cookoff and Exposition ..........................1609, 1617, 1766, 1911, 2158 SR 317 --Adjournment; relative to ..........................................................................2452, 2471 SR 319 --Adjournment; relative to..........................................................................2502, 2518 SR 341 --Adjournment; relative to ..........................................................................2724, 2724